UNOFFICIAL COPY 23 RS BR 1335
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AN ACT relating to juvenile justice. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. The office of the Auditor of Public Accounts shall contract with a 3
third party to perform a full performance review of the preadjudication facilities operated 4
by, and the programs administered by, the Department of Juvenile Justice within the 5
Justice and Public Safety Cabinet. The office of the Auditor of Public Accounts shall be 6
the engaged party under the contract and shall contract with an entity that has experience 7
in reviewing the performance of state agencies offering juvenile detention facilities and 8
programs. 9
Notwithstanding any law to the contrary, the office of the Auditor of Public 10
Accounts shall be solely responsible for procuring the contract through competitive 11
bidding. The office of the Auditor of Public Accounts shall not contract with any entity 12
that accredits Kentucky's preadjudication juvenile detention facilities or programs, or 13
Kentucky's postadjudication juvenile detention facilities or programs. 14
The contract shall provide that the audit results shall be reported to the Legislative 15
Research Commission, and any materials related to the audit shall be provided to the 16
Legislative Research Commission. An initial preliminary report of the results of the 17
performance review shall be submitted to the Legislative Research Commission by 18
October 15, 2023. 19
Section 2. The contracted entity under Section 1 of this Act shall have the 20
authority provided under KRS 43.080. Employees of the Department of Juvenile Justice 21
shall be allowed to participate in interviews outside the presence of any supervisor, 22
official, or counsel representing the department or the Justice and Public Safety Cabinet. 23
The work papers of the contracted entity shall be confidential and shall not be subject to 24
subpoena, or to review or production under KRS 61.870 to KRS 61.884, the Kentucky 25
Open Records Act. 26
Section 3. The scope of the performance review shall include, but not be limited 27 UNOFFICIAL COPY 23 RS BR 1335
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to: 1
(1) Interviews with front-line employees; 2
(2) Review of adopted staffing procedures, and the compliance or noncompliance 3
with the adopted procedures on-site; 4
(3) Review of incident reporting procedures and incident reports; 5
(4) Receipt, review, and actions taken by the Department of Juvenile Justice 6
related to complaints and concerns from employees; 7
(5) Review of all monthly reports; and 8
(6) Review of all complaints and exit interview forms. 9
Section 4. There is hereby appropriated General Fund moneys in the amount of 10
$500,000 in fiscal year 2022-2023 to the Auditor of Public Accounts budget unit to fund 11
the performance review directed under Section 1 of this Act. Notwithstanding KRS 12
45.229, any portion of these funds not expended shall not lapse and shall carry forward 13
for expenditure in fiscal year 2023-2024. 14