Current through Register Vol. 51, No. 6, December 1, 2024
RELATES TO:
KRS
15A.065,
15A.0652,
15A.160,
15A.305,
200.080-200.120, Chapters
600-645
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
15A.065(1),
15A.0652,
15A.067,
15A.160,
15A.305,
605.150,
635.095, and
640.120 authorize the Justice
and Public Safety Cabinet and the Department of Juvenile Justice to promulgate
administrative regulations for the proper administration of the cabinet and its
programs. KRS
15A.305(8)(b) requires the
department to conduct monthly documented trainings related to emergency
response. KRS
15A.305(8)(d) requires the
department to establish emergency response teams at juvenile detention centers
and youth development centers and further requires the emergency response teams
to conduct monthly drills.
KRS
15A.305(8)(e) requires
memoranda of understanding with local law enforcement for emergency response
and the inclusion of local law enforcement in emergency response training. This
administrative regulation authorizes the creation of cell entry teams and
requires emergency response teams and training.
Section 1. Definitions.
(1) "Cell entry team" means a team of staff
that are deployed to remove a juvenile from a cell or other confined
area.
(2) "Emergency Response Team"
or "ERT" means a team of staff designated to respond to emergencies within
facilities operated by the department, including:
(b) Riot, fire, or any other occurrence that
creates a risk to the safety or security of the facility, juveniles, staff, or
volunteers;
(c) The escape of a
juvenile; and
(d) Other similarly
emergent events.
Section
2. Cell Entry Team.
(1) The
department may establish and train cell entry teams.
(2) The department shall use reasonable force
necessary to gain the compliance of a juvenile during a cell entry or other
action by a cell entry team.
(3) A
juvenile shall comply with the orders of a cell entry team.
(4) The training shall include how to
interact with juveniles with mental or physical disabilities.
Section 3. Emergency Response
Team.
(1) The department shall establish and
train emergency response teams for detention centers and youth development
centers. The training shall include how to interact with juveniles with mental
or physical disabilities.
(2) If a
use of force is necessary during any emergency to which the ERT responds, the
ERT shall use only reasonable force to resolve the emergency.
(3) The ERT shall conduct monthly drills for
emergency response. The monthly drills may include:
(e) Facility infrastructure
failure;
(g) Other topics related to proper response
to unexpected or emergent circumstances.
Section 4. Emergency Response Training and
Coordination.
(1) DJJ shall contact local law
enforcement to:
(a) Obtain memoranda of
understanding with local law enforcement for emergency response; and
(b) Include them in emergency response
training involving DJJ facilities.
(2) A juvenile detention center or a youth
development center shall conduct monthly training for staff concerning
emergency response. The monthly training may include:
(e) Facility infrastructure
failure;
(g) Other topics related to proper response
to unexpected or emergent circumstances.
STATUTORY AUTHORITY:
KRS
15A.065(1),
15A.0652,
15A.067,
15A.160,
15A.305,
605.150,
635.095,
640.120,
645.250
