Kentucky Administrative Regulations
Title 505 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF JUVENILE JUSTICE
Chapter 2 - Juvenile Detention Facilities
Section 505 KAR 2:090 - Juvenile rights
Universal Citation: 505 KY Admin Regs Service 2:090
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 facility shall adopt
and enforce written policies and procedures which:
(a) Provide that juveniles shall not be
subject to discrimination based on race, national origin, color, creed, sex, or
physical handicap;
(b) Provide each
juvenile freedom from discrimination based on race, religion, national origin,
sex, handicap or political beliefs, and equal access to various programs and
work assignments;
(c) Provide that
supervision and control of juveniles shall be exercised by staff;
(d) Provide that juveniles may participate in
religious services and religious counseling on a voluntary basis, subject only
to the limitations necessary to maintain order and security;
(e) Grant juveniles access to recreational
opportunities and equipment, including, when the climate permits, outdoor
exercise in facilities listed in the physical plant regulations in this
chapter;
(f) Ensure the right of
juveniles to have access to the courts;
(g) Exist to assist juveniles in making
confidential contact with attorneys and their authorized representatives. Such
contact includes, but is not limited to, telephone communications, uncensored
correspondence and visits;
(h)
Provide that juveniles are not subjected to corporal or unusual punishment,
humiliation, mental abuse or punitive interference with the daily functions of
living, such as eating or sleeping;
(i) Grant juveniles the right to receive
visits, subject only to the limitations necessary to maintain order and
security;
(j) Grant juveniles the
right to communicate or correspond with persons or organizations, subject only
to the limitations necessary to maintain facility order and security;
(k) Provide juveniles reasonable access to
the general public through the communications media, subject only to the
limitations necessary to maintain order and security and protect the juveniles'
rights. Media requests for interviews and any juvenile consent shall be in
writing;
(l) Authorize juveniles to
keep facial hair, if desired, except in individual cases where such
restrictions are necessary for reasons of health and safety; and
(m) Govern the possession of items of jewelry
that could be used to inflict bodily harm.
(2) There shall be equal access to programs
and services for male and female juveniles in cocorrectional
facilities.
(3) There shall be a
written grievance procedure, which shall be explained and made available to
juveniles, and allows for at least one (1) level of appeal.
(4) Juveniles shall not be required to
participate in uncompensated work assignments unless the work is related to
housekeeping, maintenance of the facility or grounds, or personal hygienic
needs, or the work is part of an approved vocational or training
program.
(5) There shall be no
restrictions on the right of juveniles to determine the length and style of
their hair, except in individual cases where such restrictions are necessary
for reasons of health and safety.
(6) Juveniles may wear personal clothing
consistent with facility guidelines or wear combinations of their own and
facility clothing.
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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