Kentucky Administrative Regulations
Title 505 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF JUVENILE JUSTICE
Chapter 2 - Juvenile Detention Facilities
Section 505 KAR 2:120 - Rules and discipline
Universal Citation: 505 KY Admin Regs Service 2:120
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) All requirements in this
administrative regulation shall be applied with consideration for the range of
ages and maturity found in a juvenile detention facility in consideration of
the juveniles' social-emotional ages, which may vary more than their physical
ages.
(2) The facility shall adopt
written rules of juvenile conduct which specify acts prohibited within the
institution and penalties that may be imposed for various degrees of violation.
The written rules shall be reviewed annually and updated if necessary. The use
of tobacco products by juveniles shall be prohibited.
(3) A rulebook that contains all chargeable
offenses, ranges of penalties and disciplinary procedures shall be posted in a
conspicuous and accessible area; a copy shall be made available to each
juvenile and staff member, and shall be translated into those languages spoken
by significant numbers of juveniles. When a literacy or language problem
prevents a juvenile from understanding the rulebook, a staff member or
translator shall assist the juvenile in understanding the rules.
(4) All personnel who deal with juveniles
shall receive in-service training so that they shall be thoroughly familiar
with the rules of juvenile conduct, the sanctions available, and the rationale
for the rules.
(5) There shall be
written guidelines for informally resolving minor juvenile
misbehavior.
(6) The facility shall
adopt and enforce written policies and procedures which:
(a) Specify that room restriction for minor
misbehavior serves only a "cooling off" purpose, shall be short in time
duration, with the time period - fifteen (15) minutes to sixty (60) minutes
-specified at the time of assignment;
(b) Require that prior to room restriction,
juveniles have the reasons for the restriction explained to them and have an
opportunity to explain the behavior leading to the restriction;
(c) Require that employees prepare an
incident report where they have a reasonable belief that a juvenile has
committed a major violation of facility rules or reportable minor violations.
Incident reports prepared by staff members shall include, but are not limited
to, the following information:
1. Specific
rules violated;
2. A formal
statement of the event;
3. An
explanation of the event, which should include who was involved, what
transpired, and the time and location of occurrence;
4. Unusual juvenile behavior;
5. Staff witnesses;
6. Disposition of any physical
evidence;
7. Any immediate action
taken, including the use of force;
8. Reporting staff member's signature;
and
9. Date and time report is
made.
(d) Specify that
juveniles placed in confinement status shall be afforded living conditions and
privileges approximating those to the general juvenile population. Exceptions
shall be justified by substantial evidence;
(e) Provide that the incident report shall be
removed from all files of juveniles found not guilty of an alleged rule
violation;
(f) Each facility shall
develop a procedure to ensure the youth's due process for appealing
disciplinary procedures.
(g) Ensure
that prior to privilege suspension the juvenile has the reasons for the
restriction explained to him, and has an opportunity to explain the behavior
leading to the suspension; and
(h)
Provide that in instances in which a juvenile is alleged to have committed a
crime, the case is referred to appropriate law enforcement officials for
possible prosecution.
(7) During room restriction staff shall
visibly check the juvenile at least every fifteen (15) minutes, depending on
his emotional state.
(8) When a
juvenile has been charged with a major rule violation requiring confinement
status for the safety of the juvenile or other juveniles, or to ensure the
security of the facility, the youth may be confined for a period of up to
twenty-four (24) hours. Confinement status for periods of over twenty-four (24)
hours shall be reviewed every twenty-four (24) hours by the administrator or
his designee who was not involved in the incident.
(9) Whenever juveniles are removed from the
regular program, they shall be seen by a designated staff member, other than
the staff member involved in the removal decision, as soon as possible, but not
more than twenty-four (24) hours after removal.
(10) Juveniles held in confinement status
shall be interviewed at least once each day by personnel from administrative,
clinical, social work, religious or medical units.
(11) A log shall be kept stating who
authorized the confinement status, persons visiting the juvenile, the person
authorizing release from confinement status, and the time of the
release.
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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