UNOFFICIAL COPY 23 RS BR 1104
Page 1 of 4
XXXX 2/16/2023 3:25 PM Jacketed
AN ACT relating to juvenile justice. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 15A.061 is amended to read as follows: 3
(1) The cabinet shall maintain a comprehensive, centralized data tracking system for 4
the Department of Juvenile Justice. 5
(2) The cabinet shall ensure that all departments within the cabinet collaborate to 6
develop procedures to allow collection and sharing of data necessary to analyze 7
juvenile recidivism. Recidivism includes an adjudication of delinquency by a 8
juvenile court, or a conviction by a District Court or Circuit Court, for an offense 9
committed within three (3) years of release from the custody or control of the 10
Department of Juvenile Justice. 11
Section 2. KRS 15A.305 is amended to read as follows: 12
(1) The Department of Juvenile Justice shall[, with available funds,] develop and 13
administer a statewide detention program and, as each regional facility is 14
constructed and ready for occupancy, shall[, within appropriation limitations,] 15
provide for: 16
(a) The operation of preadjudication detention facilities for children charged with 17
public offenses; and 18
(b) The operation of postadjudication detention facilities for children adjudicated 19
delinquent or found guilty of public offenses. 20
(2) In each region in which the Department of Juvenile Justice operates or contracts for 21
the operation of a detention facility, the department shall[, within appropriation 22
limitations,] develop and administer a program for alternatives to secure detention 23
that shall provide for: 24
(a) The operation of or contracting for the operation of preadjudication 25
alternatives to secure detention and follow-up programs for juveniles who are 26
before the court or who enter pretrial diversion or informal adjustment 27 UNOFFICIAL COPY 23 RS BR 1104
Page 2 of 4
XXXX 2/16/2023 3:25 PM Jacketed
programs; and 1
(b) The operation of or contracting for the operation of postadjudication 2
alternatives to secure detention and follow-up programs, including but not 3
limited to community-based programs, mentoring, counseling, and other 4
programs designed to limit the unnecessary use of secure detention and ensure 5
public safety. 6
(3) The department shall develop and implement a system to immediately notify the 7
Cabinet for Health and Family Services when a status offender or child alleged to 8
be a status offender has been detained for the alleged violation of a valid court 9
order. 10
(4) The department may, except as provided in KRS 635.060, charge counties, 11
consolidated local governments, and urban-county governments a per diem not to 12
exceed ninety-four dollars ($94) for lodging juveniles in state-owned or contracted 13
facilities. 14
(5) Detention rates charged by contracting detention facilities shall not exceed the rate 15
in effect on July 1, 1997, subject to increases approved by the department. 16
(6) No juvenile detention facility, as defined in KRS 15A.200, shall be taken over, 17
purchased, or leased by the Commonwealth without prior approval of the fiscal 18
court upon consultation with the jailer in the county where the facility is located. 19
The county, upon consultation with the jailer, may enter into contracts with the 20
Commonwealth for the holding, detention, and transportation of juveniles. 21
(7) The Department of Juvenile Justice shall enter into sufficient contracts to ensure 22
the availability of institutional treatment for children with severe emotional 23
disturbance or mental illness. 24
(8) The Department of Juvenile Justice shall, for any facility operated pursuant to 25
subsection (1) of this section, require that the facility: 26
(a) Provide children in crisis who are residing in a juvenile detention facility 27 UNOFFICIAL COPY 23 RS BR 1104
Page 3 of 4
XXXX 2/16/2023 3:25 PM Jacketed
access to a mental health professional whose communications with the child 1
are privileged under the Kentucky Rules of Evidence; 2
(b) Conduct monthly documented training related to emergency response; 3
(c) Ensure each youth worker and staff member is equipped and certified at a 4
minimum with pepper spray and a Taser, and is certified in any other 5
emergency response equipment provided or issued by the Department of 6
Juvenile Justice; 7
(d) Establish a specially trained emergency response team within each juvenile 8
detention center and youth development center which shall be trained in 9
tactics related to detention facilities and drill monthly as part of emergency 10
response training; 11
(e) Enter into a memorandum of understanding with local law enforcement for 12
emergency response and include these agencies in emergency response 13
trainings; and 14
(f) Be equipped with an alarm that directly communicates an emergency 15
situation to the local dispatch center. 16
Section 3. The Justice and Public Safety Cabinet shall: 17
(1) Develop and implement, as soon as practicable, a plan that will transition back 18
to the regional model of juvenile detention center facilities while safely segregating males 19
and females and separating violent and nonviolent offenders. The plan shall provide for a 20
return to the regional structure from the current emergency structure; 21
(2) No later than December 1, 2023, submit to the Legislative Research 22
Commission a data-supported comprehensive review of the classification and 23
compensation plan related to all positions within the Department of Juvenile Justice and 24
the Department of Corrections; 25
(3) Within 90 days after the effective date of this Act, implement a Youth 26
Worker-R program to retain retired youth workers to supplement the staff of the 27 UNOFFICIAL COPY 23 RS BR 1104
Page 4 of 4
XXXX 2/16/2023 3:25 PM Jacketed
Department of Juvenile Justice; 1
(4) Within 30 days after the effective date of this Act, implement a limited 2
duration program to allow staff of the Department of Juvenile Justice who have resigned 3
to return at their previous employment classification with the approval of the department; 4
and 5
(5) Within 30 days after the effective date of this Act, promulgate administrative 6
regulations under KRS Chapter 13A to ensure all complaints and concerns raised by any 7
employee of the Department of Juvenile Justice involving the safety of staff, or the safety 8
of juvenile offenders held in or in attendance at any Department of Juvenile Justice 9
facility, including any complaints against any other employee, supervisor, assistant 10
director, director, deputy commissioner, Commissioner of the Department of Juvenile 11
Justice, and the Secretary of the Justice and Public Safety Cabinet, are acknowledged as 12
received no later than 10 days after receipt, promptly investigated, and addressed in an 13
expedited manner. 14
Section 4. Within 90 days after the effective date of this Act, the Department 15
for Medicaid Services shall develop and submit an amendment to the Section 1115 16
demonstration waiver submitted pursuant to 2021 Ky. Acts ch. 169, Part I, G., 3., b., (16) 17
to provide Medicaid benefits to Medicaid-eligible children detained in a facility operated 18
pursuant to Section 2 of this Act. Upon approval of the waiver, the cost of medical and 19
behavioral health care shall be a covered Medicaid benefit for an incarcerated child. 20