Kentucky Administrative Regulations
Title 505 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF JUVENILE JUSTICE
Chapter 2 - Juvenile Detention Facilities
Section 505 KAR 2:190 - Waiver of compliance
Universal Citation: 505 KY Admin Regs Service 2:190
Current through Register Vol. 51, No. 6, December 1, 2024
RELATES TO: KRS 15A.210-15A.240
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.210 requires the Department of Juvenile Justice to promulgate administrative regulations governing the operation of juvenile detention centers and juvenile holding facilities. This administrative regulation establishes a waiver process for compliance with rated capacity limits at juvenile detention centers and juvenile holding facilities.
Section 1.
(1) The Department of Juvenile Justice may
grant a waiver of the rated capacity for an existing facility if it determines:
(a) That strict compliance may cause
unreasonable difficulties in securing housing for juvenile offenders;
and
(b) That a waiver does not
seriously affect the security, supervision of juveniles, programs, or the safe,
healthful, or efficient operation of the facility.
(2) If a waiver from this standard is
desired, the responsible local authority shall submit a written request to the
Department of Juvenile Justice. The written request shall include:
(a) Identification and description of the
specific problems involved in meeting the capacity requirement.
(b) A description of the needed capacity
change, including identification of the proposed usage of sleeping and program
areas.
(c) A description of the
classification to be used, additional staffing alternatives and
programming.
(d) Sufficient
documentation demonstrating that the waiver, if granted, does not jeopardize
the security, supervision of juveniles, programs, or the safe, healthful, or
efficient operation of the facility.
(3) A waiver, if granted by the Department of
Juvenile Justice, shall apply only to the petitioner for the period of time
specified and may include conditions imposed by the department. A waiver shall
not be granted for longer than twelve (12) months. A waiver granted for a
twelve (12) month period shall be reviewed at the end of the period for
reapproval.
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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