Kentucky Administrative Regulations
Title 505 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF JUVENILE JUSTICE
Chapter 2 - Juvenile Detention Facilities
Section 505 KAR 2:130 - Intake
Universal Citation: 505 KY Admin Regs Service 2:130
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. Only juveniles meeting the criteria provided in this regulation shall be admitted to a detention facility.
(1)
(a) The
agency or individual seeking to place a juvenile in the facility shall present
one (1) of the following at the time of admission or the juvenile shall not be
accepted for admission:
1. A bench warrant
which includes the reason for the issuance of the warrant;
2. A commissioner's warrant; or
3. A court order.
(b) If the reason for the ordered detention
is contempt of court or an alleged or found violation of probation or parole,
the documentation shall indicate the underlying charge that resulted in the
contempt or the probation or parole violation. Lack of information relating to
the underlying charge shall not be grounds to refuse admission, however
facility staff shall obtain such information and place it in the juvenile's
file as soon as possible.
(2) Admissions determinations shall be made
according to the following guidelines:
(a) An
accused public offender taken into custody on a bench warrant may be admitted
to the facility pending a court hearing.
(b) An accused public offender accompanied by
a court order may be admitted to the facility and securely detained for any
length time during the probable cause, adjudication and disposition phases of
the juvenile court process, subject to any limitations set by the court and
reflected in the court order.
(c) A
juvenile taken into custody on a commissioner's warrant for violation of
supervised placement may be detained in accordance with
KRS
635.100.
(d) A juvenile charged with a capital
offense, Class A felony or Class B felony who is ordered detained shall be
detained in a secure detention facility or a juvenile holding facility, in
accordance with
KRS
610.265(2)(b).
(e) A public offender may be accepted for
admission and detained after disposition pursuant to a court order specifically
requiring detention. A public offender committed to the Department of Juvenile
Justice and ordered detained until placed may be housed in the facility for up
to thirty-five (35) days after disposition.
(f) A status offender, pursuant to
KRS
630.070, shall not be placed in a secure
detention facility or a juvenile holding facility as a means or form of
punishment except following a finding that the status offender is in contempt
of court. A status offender may be admitted to a facility and be securely
detained in accordance with
KRS
630.080,
630.090,
630.100,
and
630.130.
(g) A federal ward or out-of-state runaway
may be detained in accordance with
KRS
615.010.
(3) Prior to admission, a juvenile shall be
screened for injury, chemical and alcohol intoxication, and acute illness. If
any questions or concerns regarding the physical or mental condition of the
juvenile exist and the admitting officer believes that the juvenile needs to be
examined and cleared for admission by a physician, admission shall be refused
until medical clearance is obtained by the transporting officer.
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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