Kentucky Administrative Regulations
Title 505 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF JUVENILE JUSTICE
Chapter 2 - Juvenile Detention Facilities
Section 505 KAR 2:020 - Administration, organization and management
Universal Citation: 505 KY Admin Regs Service 2:020
Current through Register Vol. 51, No. 6, December 1, 2024
RELATES TO: KRS 15A.210-15A.240
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.210 mandates that the Department of Juvenile Justice issue administrative regulations governing juvenile detention centers and juvenile holding facilities.
Section 1.
(1) The agency operating a
detention facility shall be a legal entity or a part of a legal
entity.
(2) The governing authority
of the detention facility shall hold meetings at least annually with the
facility administrator in order to facilitate communication, establish policy,
explore problems, ensure conformity to legal and fiscal requirements, and
implement programs.
(3) There shall
be a written statement that describes the philosophy, goals or purposes of the
facility, which shall be reviewed at least annually and updated if
necessary.
(4) If services for
adult and juvenile offenders are provided for by the same agency, statements of
philosophy, policy, program and procedures shall distinguish between criminal
codes and the statutes which establish and give direction to programs for
juveniles; there shall be a separate service delivery system for
juveniles.
(5) Abused, dependent or
neglected youths shall not be held in the facility.
(6) Written agency policy shall prohibit the
confinement of any offender in the facility unless the facility complies with
standards or rules promulgated by the Administrative Office of the Courts or a
lawful court order.
(7) Service
personnel other than facility staff shall perform work in the facility only
under direct and continuous supervision of facility staff in those areas
permitting contact with juveniles.
(8) There shall be a written description of
the facility that specifies its mission within the context of the system of
which it is a part. This description shall be reviewed at least annually and
updated if necessary.
(9) The
facility shall adopt and enforce written policies and procedures which:
(a) Provide for regular meetings and case
conferences between the staff of the Department of Juvenile Justice and social
service agencies, the court, the local law enforcement agency and the detention
facility staff to develop and maintain sound interagency policies and
procedures;
(b) Provide for a
communications system within the facility that requires, at a minimum, that the
facility administrator meet at least monthly with all department heads and that
all department heads meet monthly with their key staff members;
(c) Specify that the facility administrator
participates in the formulation of goals for the facility, establishes policies
and priorities related to them and translates the goals into measurable
objectives for accomplishment by the staff;
(d) Provide that legal assistance shall be
available to the facility administrator;
(e) Provide for a daily population report on
every juvenile in detention, including the day admitted, accumulated days of
stay, and county of origin and offense for which juvenile is charged;
(f) Provide a mechanism for communication
with executive, legislative and judicial bodies at all governmental
levels;
(g) Provide for
participation of employees in the formulation of policies, procedures and
programs;
(h) Permits the
participation of other community agencies in policy development, coordinated
planning and interagency consultation;
(i) Provide for collaboration with colleges
and universities where available in programs of mutual concern;
(j) Provide for a public information program
that is reviewed at least annually and updated if necessary;
(k) Grant representatives of the media access
to the facility, consistent with the preservation of juveniles' privacy and the
maintenance of order and security in the facility;
(I) Provide that the facility administrator
report at least quarterly to the governing authority major problems and plans
for resolving them;
(m) Govern
facility compliance with statutes and administrative regulations relating to
campaigning, lobbying and political practices; and
(n) Provide that the facility administrator
cooperates with the interstate compact administrator in the return of juveniles
charged with juvenile offenses to the requesting state, pursuant to the
provisions of the interstate compact on juveniles.
(10) The facility administrator or parent
agency shall participate in federal, state and regional planning efforts with
both juvenile justice and nonjuvenile justice agencies.
(11) The facility shall have a policy manual
that specifically describes its purpose, program and services offered, which is
reviewed at least annually and updated if necessary.
(12) There shall be an operations manual that
delineates written policies and procedures for operating and maintaining the
facility; the manual shall be explained and made available to all employees at
the time of their employment.
(13)
There shall be an organizational chart for the facility staff that accurately
reflects the structure of authority, responsibility and accountability within
the facility.
(14) The facility and
its programs shall be managed by a single administrative officer to whom all
employees or units of management shall be responsible.
(15) When employees of other public or
private agencies provide a service to the facility, written policy and
procedure shall be developed and reviewed, at least annually, to describe their
roles and functions as they relate to the authority and responsibility of the
facility administrator.
(16) The
facility administrator shall review space requirements, at least annually, and
record requests for corrective action in writing.
(17) The facility administration shall
furnish written information to the parent agency at least annually, which is
used to report on the system's objectives, availability of services and
programs, juvenile population, budget, major developments, problems, plans and
additional information as the parent agency may require.
(18) The facility shall make available to all
employees a written code of ethics that prohibits employees from using their
official position to secure privileges for themselves or others and from
engaging in activities that constitute a conflict of interest.
(19) The facility shall meet all applicable
licensing requirements of the jurisdiction in which it is located.
(20) There may exist a community advisory
committee, representative of the community, which serves as a link between the
program and the community.
(21) All
monies collected at the facility shall be secured daily in an officially
designated and secure place.
(22)
The facility shall have written policy and procedure approved by the governing
authority that includes, at a minimum:
(a)
Internal controls;
(b) Petty cash
procedures;
(c) Bonding for all
appropriate staff;
(d) Signature
control on checks;
(e) Handling of
juvenile funds;
(f) Employee
expense reimbursement; and
(g)
Issuance or use of vouchers.
(23) If there is a commissary or canteen,
strict controls shall be maintained over its operation and regular accounting
procedures shall be followed. All profits from the commissary or canteen shall
be used for the benefit of the residents.
(24) Juveniles' personal funds held by the
facility shall be controlled by accepted accounting procedures.
Section 2.
(1) The facility administrator shall have
access to and use an organized system of information retrieval and review that
is part of an overall research and decision-making capacity.
(2) The facility staff shall establish or
participate in the establishment of policies and procedures developed for
management information purposes. These policies are reviewed at least
annually.
(3) There shall be
specific, written definitions of criteria for evaluating overall facility
performance.
(4) Facility staff
shall maintain a daily report of juvenile population movement.
(5) The administrator shall participate in
the review of policies and practices regarding the collection and retention of
information pertaining to the juveniles assigned to the facility, at least
annually.
(6) The facility or
parent agency staff collects and aggregates data relative to its
program.
(7) Programs shall be
periodically analyzed and evaluated to determine their contribution to the
mission of the facility.
(8) The
administrator shall review and approve all facility research projects in
conformity with parent agency policy before implementation.
(9) Written policy and procedure shall govern
voluntary juvenile participation in nonmedical, nonpharmaceutical and
noncosmetic research programs.
Section 3. All requirements in this section shall apply only to facilities operated by private corporations or to facilities operated by two (2) or more counties.
(1) The facility administrator shall
participate in budget preparation and reviews conducted by the parent
agency.
(2) The fiscal system shall
account for all income and expenditures on an ongoing basis.
(3) The facility shall adopt written policies
and procedures which:
(a) Provide for a
financial audit, independent of the facility, which is conducted
annually;
(b) Specify that the
methods used for collecting, safeguarding and disbursing monies comply with
accepted accounting procedures;
(c)
Require reports of all monies collected and disbursed to the governing
authority and other designated authorities;
(d) Provide for facility insurance coverage
that includes at a minimum: worker's compensation, civil liability, liability
for official vehicles, and public employee blanket bond;
(e) Govern inventory control of property,
stores and other assets;
(f) Govern
the requisition and purchase of supplies and equipment;
(g) Require the systematic review of
equipment needs and the replacement of equipment if necessary; and
(h) Regulate position control, personnel
records and the payroll function.
(4) The facility shall operate under a
constitution or articles of incorporation that meets all of the legal
requirements of the governmental jurisdiction in which the facility is
located.
(5) The facility or its
parent agency shall have a local, regional, or state governing
authority.
(6) The facility or its
parent agency shall have identified, documented and publicized its tax status
with the Internal Revenue Service and the Kentucky Revenue Cabinet.
(7) The facility shall have bylaws, approved
by the governing authority, which are filed with the appropriate local, state
and federal body.
(8) At a minimum,
the facility bylaws include for the governing authority:
(a) Membership (types, qualifications,
community representation, rights, duties);
(b) Size of the governing body;
(c) Method of selection;
(d) Terms of office;
(e) Duties and responsibilities of
officers;
(f) Times authority will
meet;
(g) Committees;
(h) Quorums;
(i) Parliamentary procedures;
(j) Recording of minutes;
(k) Method of amending the bylaws;
(l) Conflict of interest provisions;
and
(m) Specification of the
relationship of the chief executive to the governing body.
(9) When the facility administration is the
governing authority, meetings shall be held as prescribed in the bylaws, a
permanent record is kept of all such meetings.
STATUTORY AUTHORITY: KRS 15A.210
Disclaimer: These regulations may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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