Current through Register Vol. 51, No. 6, December 1, 2024
RELATES TO:
KRS
15A.065,
15A.0652,
200.080-200.120, Chapters
600-645
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
15A.065(1),
15A.0652,
15A.160,
15A.210,
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)(c) requires that
appropriate staff working with detained youth have controlled access to, and
are properly trained in the use of, appropriate defensive equipment comparable
to that used by the Department of Corrections, including tasers, pepper spray,
and shields. This administrative regulation establishes requirements for the
transportation of juveniles in the custody of the department.
Section 1.
(1) A juvenile shall be searched before being
placed in a vehicle for transport. Cross-gender searches shall only be
conducted under exigent circumstances. Otherwise, searches shall be conducted
by same gendered staff.
(2)
Department staff shall determine if a juvenile may be notified in advance of a
pending transportation trip.
(a) The default
shall be to not give notice unless consideration of the factors in paragraph
(b) of this subsection allow for notice.
(b) Consideration shall be given to:
1. The purpose of or reason for the
transport;
2. Classification and
behavior of the juvenile:
3.
Whether the juvenile's parent or caregiver is being informed or will be
present;
4. Safety and security
issues, including:
a. Timing of the notice;
and
(3) A juvenile in detention or a level 4
youth development center being transported shall be restrained with mechanical
restraints and shall be transported in a vehicle with a security screen. Other
juveniles may be transported in mechanical restraints if needed. However,
juveniles shall not be secured or restrained to any part of the vehicle. A
pregnant juvenile shall be restrained in compliance with
KRS
196.173.
(4) Staff transporting juveniles may be
equipped with chemical agents, conductive energy devices, additional mechanical
restraints, and a cell phone.
(5)
Seat belts shall be used in a vehicle.
(6) Transporting staff shall not allow a
juvenile to visit or contact any person except a parent or caregiver by any
means unless authorized in advance by the superintendent or designee.
(7) A juvenile shall not leave the vehicle at
any stop unless the transporting staff escorts the juvenile.
(8) In an emergency or a collision,
restraints may be removed from the juvenile only if the transportation staff
determines that an urgent situation exists requiring removal of the restraints.
Any restraints removed shall be limited to those restraints that compromise the
health or safety of the juvenile.
(9) If the transportation of a juvenile is
expected to extend through a mealtime, a sack lunch shall be prepared and
placed in the transport vehicle or provision shall be made to feed the juvenile
upon arrival.
(10) DJJ staff
transporting a juvenile shall observe the same gender requirements of
KRS
605.080.
STATUTORY AUTHORITY:
KRS
15A.065(1),
15A.0652,
15A.160,
196.173,
605.080,
605.150,
635.095,
640.120,
645.250
