JUSTICE AND PUBLIC SAFETY CABINET

KRS tit. III, ch. 15A

in effect

KRS 15A.010 Repealed, 1992

15A.010. Repealed, 1992 Catchline at repeal: Justice Cabinet established -- Secretary. History: Repealed 1992 Ky. Acts ch. 13, sec. 13, effective July 14, 1992. -- Created 1974 Ky. Acts ch. 74, Art. V, sec. 1.

KRS 15A.011 Definitions for chapter

15A.011. Definitions for chapter As used in this chapter, unless the context requires otherwise: (1) "Cabinet" means the Justice and Public Safety Cabinet; (2) "Commissioner" means the commissioner of the Department of Juvenile Justice; (3) "Department" means the Department of Juvenile Justice; (4) "Facility" means any facility operating under the authority or control of the Department of Juvenile Justice; and (5) "Secretary" means the secretary of the Justice and Public Safety Cabinet. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 85, sec. 38, effective June 26, 2007. -- Created 1998 Ky. Acts ch. 443, sec. 8, effective July 15, 1998.

KRS 15A.015 Deputy secretaries of justice and public safety

15A.015. Deputy secretaries of justice and public safety Deputy secretaries of justice and public safety shall be appointed by and directly responsible to the secretary and shall be the principal assistants and advisors to the secretary for all policies, programs and operations of the cabinet. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 85, sec. 39, effective June 26, 2007. -- Amended 1982 Ky. Acts ch. 343, sec. 1, effective July 15, 1982. -- Created 1978 Ky. Acts ch. 155, sec. 17, effective July 17, 1978.

KRS 15A.020 Organization of Justice and Public Safety Cabinet

15A.020. Organization of Justice and Public Safety Cabinet (1) The Justice and Public Safety Cabinet shall have the following departments: (a) Department of Corrections; (b) Department of Criminal Justice Training, which shall have the following divisions: 1. Training Operations Division; and 2. Administrative Division; (c) Department of Juvenile Justice, which shall have the following offices and divisions: 1. Office of Program Operations, which shall have the following divisions: a. Division of Western Region; b. Division of Eastern Region; and c. Division of Placement Services; 2. Office of Support Services, which shall have the following divisions: a. Division of Administrative Services; b. Division of Program Services; and c. Division of Professional Development ; 3. Office of Community and Mental Health Services, which shall have the following division: a. Division of Community and Mental Health Services; 4. Office of Detention, which shall require that all detention centers report to one (1) supervisor who repor ts directly to the commissioner, and which shall have the following division: a. Division of Transportation; and 5. Division of Compliance; (d) Department of Kentucky State Police, which shall have the following offices and divisions: 1. Office of Administrative Services, which shall be headed by an executive director who shall be appointed by the commissioner of the Department of Kentucky State Police and who shall report to the commissioner; a. Division of Operational Support, which shall be headed by a director who shall be appointed by the commissioner of the Department of Kentucky State Police and who shall report to the executive director of the Office of Administrative Services; and b. Division of Management Services, which shall be headed by a director who shall be appointed by the commissioner of the Department of Kentucky State Police and who shall report to the executive director of the Office of Administrative Services; 2. Office of Operations, which shall be headed by an executive director who shall be appointed by the commissioner of the Department of Kentucky State Police and who shall report to the commissioner; a. Division of West Troops, which shall be headed by a director who shall be appointed by the commissioner of the Department of Kentucky State Police and who shall report to the executive director of the Office of Operations; b. Division of East Troops, which shall be headed by a director who shall be appointed by the commissioner of the Department of Kentucky State Police and who shall report to the executive director of the Office of Operations; c. Division of Special Enforcement, which shall be headed by a director who shall be appointed by the commissioner of the Department of Kentucky State Police and who shall report to the executive director of the Office of Operations; and d. Division of Commercial Vehicle Enforcement, which shall be headed by a director who shall be appointed by the commissioner of the Department of Kentucky State Police and who shall report to the executive director of the Office of Operations; and 3. Office of Technical Services, which shall be headed by an executive director who shall be appointed by the commissioner of the Department of Kentucky State Police and who shall report to the commissioner; a. Division of Forensic Services, which shall be headed by a director who shall have a minimum of a bachelor's degree in a natural science and at least seven (7) years of experience in an accredited forensic laboratory, who shall be appointed by the commissioner of the Department of Kentucky State Police, and who shall report to the executive director of the Office of Technical Services; b. Division of Electronic Services, which shall be headed by a director who shall be appointed by the commissioner of the Department of Kentucky State Police and who shall report to the executive director of the Office of Technical Services; and c. Division of Records Management, which shall be headed by a director who shall be appointed by the commissioner of the Department of Kentucky State Police and who shall report to the executive director of the Office of Technical Services; and (e) Department of Public Advocacy, which shall have the following divisions: 1. Protection and Advocacy Division; 2. Division of Law Operations; 3. Division of Trial Services; 4. Division of Post-Trial Services; 5. Division of Conflict and Contract Services; and 6. Division of Education, Strategic Planning, and Recruitment. (2) Each department, except for the Department of Public Advocacy, shall be he aded by a commissioner who shall be appointed by the secretary of the Justice and Public Safety Cabinet with the approval of the Governor as required by KRS 12.040. Each commissioner shall be directly responsible to the secretary and shall have such functions, powers, and duties as provided by law and as the secretary may prescribe. The Department of Public Advocacy shall be headed by the public advocate, appointed as required by KRS 31.020, who shall be directly responsible to the Public Advocacy Commission. The Department of Public Advocacy is an independent state agency which shall be attached to the Justice and Public Safety Cabinet for administrative purposes only. The Justice and Public Safety Cabinet shall not have control over the Department of Public Advocacy's information technology equipment and use unless granted access by court order. (3) The Justice and Public Safety Cabinet shall have the following offices and divisions: (a) Office of the Secretary, which shall be headed by a deputy secretary appointed pursuant to KRS 12.050 and responsible for the direct administrative support for the secretary and other duties as assigned by the secretary, and which, with the approval of the secretary, may employ such staff as necessary to perform the duties, functions, and responsibilities of the office; (b) Office of Human Resource Management, which shall be headed by an executive director appointed pursuant to KRS 12.050 who shall be responsible to and report to the secretary and be responsible for all matters relating to human resources, and who, with the approval of the secretary, may employ such staff as necessary to perform the duties, functions, and responsibilities of the office; 1. Division of Human Resource Administration, which shall be headed by a director appointed pursuant to KRS 12.050 who shall report to the executive director of the Office of Human Resource Management; and 2. Division of Employee Management, which shall be headed by a director appointed pursuant to KRS 12.050 who shall report to the executive director of the Office of Human Resource Management; (c) Office of Legal Services, which shall be headed by an executive director appointed pursuant to KRS 12.050 and 12.210, that: 1. Shall provide legal representation and services for the cabinet; and 2. May investigate all complaints regarding the facilities, staff, treatment of juveniles, and other matters relating to the operation of the Justice and Public Safety Cabinet. If it appears that there is a violation of statutes, administrative regulations, policies, court decisions, the rights of juveniles who are subject to the orders of the department, or any other matter relating to the Justice and Public Safety Cabinet, the office shall report to the secretary of the Justice and Public Safety Cabinet who shall, if required, refer the matter to a law enforcement agency, Commonwealth's attorney, county attorney, the Attorney General, or federal agencies, as appropriate. The office may be used to investigate matters in which there is a suspicion of violation of written policy, administrative regulation, or statutory law within the Department of Public Advocacy only when the investigation will have no prejudicial impact upon a person who has an existing attorney-client relationship with the Department of Public Advocacy. Notwithstanding the provisions of this subparagraph, investigation and discipline of KRS Chapter 16 personnel shall continue to be conducted by the Department of Kentucky State Police pursuant to KRS Chapter 16. The office shall conduct no other investigations under the authority granted in this subparagraph. The secretary may, by administrative order, assign the investigative functions in this subparagraph to a branch within the office. The executive director shall be directly responsible to and report to the secretary and, with the approval of the secretary, may employ such attorneys appointed pursuant to KRS 12.210 and other staff as necessary to perform the duties, functions, and responsibilities of the office; (d) Office of Legislative and Intergovernmental Services, which shall be headed by an executive director appointed pursuant to KRS 12.050 who shall be responsible for all matters relating to the provision of support to the Criminal Justice Council, legislative liaison services, and functions and duties vested in the Criminal Justice Council as described in KRS 15A.030. The executive director shall be directly responsible to and report to the secretary and may employ such staff as necessary to perform the duties, functions, and responsibilities of the office; (e) Office of Communications, which shall be headed by an executive director appointed by the secretary of the Justice and Public Safety Cabinet pursuant to KRS 12.050 who shall be responsible to report to the secretary and be responsible for all matters relating to communications, and who, with the approval of the secretary, may employ such staff as necessary to perform the duties, functions, and responsibilities of the office; 1. Information and Technology Services Division, which shall be headed by a director appointed by the secretary of the Justice and Public Safety Cabinet pursuant to KRS 12.050 who shall report to the executive director of the Office of Communications; (f) Office of Financial Management Services, w hich shall be headed by an executive director appointed by the secretary of the Justice and Public Safety Cabinet pursuant to KRS 12.050 who shall be responsible to report to the secretary and be responsible for all matters relating to fiscal functions, an d who, with the approval of the secretary, may employ such staff as necessary to perform the duties, functions, and responsibilities of the office; 1. Division of Financial Management, which shall be headed by a director appointed by the secretary of the Justice and Public Safety Cabinet pursuant to KRS 12.050 who shall report to the executive director of the Office of Financial Management Services; (g) Grants Management Division, which shall be headed by a director appointed by the secretary of the Justice and Public Safety Cabinet pursuant to KRS 12.050 who shall be responsible to report to the secretary and be responsible for all matters relating to state and federal grants management, and who, with the approval of the secretary, may employ such staff as necessary to perform the duties, functions, and responsibilities of the office; (h) Office of the Kentucky State Medical Examiner, which shall be headed by a chief medical examiner appointed pursuant to KRS 72.240 who shall be responsible for all matters relating to forensic pathology and forensic toxicology and other duties as assigned by the secretary. The executive director appointed pursuant to KRS 12.050 shall be responsible for all matters related to the administrative support of the Office of the State Medical Examiner. The executive director shall report directly to the secretary and with the approval of the secretary may employ such administrative support staff as necessary to perform the administrative duties, functions, and responsibilities of the office. The chief medical examiner shall be directly responsible to and report to the secretary and may employ such staff as necessary to perform the forensic duties, functions, and responsibilities of the office; and (i) Office of Drug Control Policy, which shall be headed by an executive director appointed pursuant to KRS 12.050 who shall be responsible for all matters relating to the research, coordination, and execution of drug control policy and for the management of state and federal grants, including but not limited to the prevention and treatment related to substance abuse. By December 31 of each year, the Office of Drug Control Policy shall review, approve, and coordinate all current projects of any substance abuse program which is conducted by or receives funding through agencies of the executive branch. This oversight shall extend to all substance abuse programs which are principally related to the prevention or treatment, or otherwise targeted at the reduction, of substance abuse in the Commonwealth. The Office of Drug Control Policy shall promulgate administrative regulations consistent with enforcing this oversight authority. The executive director shall be directly responsible to and report to the secretary and may employ such staff as necessary to perform the duties, functions, and responsibilities of the office. Effective: April 9, 2024 History: Amended 2024 Ky. Acts ch. 143, sec. 2, effective April 9, 2024. -- Amended 2023 Ky. Acts ch. 106, sec. 1, effective March 27, 2023; and ch. 167, sec. 2, effective June 29, 2023. -- Amended 2021 Ky. Acts ch. 82, sec. 2, effective June 29, 2021. -- Amended 2018 Ky. Acts ch. 192, sec. 1, effective July 14, 2018. -- Amended 2017 Ky. Acts ch. 38, sec. 1, effective June 29, 2017; and ch. 167, sec. 2, effective June 29, 2017. -- Amended 2013 Ky. Acts ch. 72, sec. 10, effective June 25, 2013. -- Amended 2012 Ky. Acts ch. 151, sec. 1, effective July 12, 2012. -- Amended 2009 Ky. Acts ch. 15, sec. 2, effective June 25, 2009; and ch. 75, sec. 12, effective June 25, 2009. -- Amended 2007 Ky. Acts ch. 85, sec. 40, effective June 26, 2007. -- Amended 2001 Ky. Acts ch. 64, sec. 1, effective June 21, 2001. -- Amended 1994 Ky. Acts ch. 227, sec. 2, effective July 15, 1994. -- Amended 1986 Ky. Acts ch. 64, sec. 3, effectiv e July 15, 1986. -- Amended 1982 Ky. Acts ch. 343, sec. 2, effective July 15, 1982. -- Created 1974 Ky. Acts ch. 74, Art. V. sec. 2. Legislative Research Commission Note (4/9/2024). 2024 Ky. Acts ch. 143, sec. 5, reads as follows: "This Act [which amended this statute] shall apply retroactively to an employee of the Louisville and Jefferson County Public Defender Corporation who was a member of its staff on September 30, 2023, and is subsequently appointed to a leadership or supervisory position within the Department of Public Advocacy between October 1, 2023, and July 1, 2024." Legislative Research Commission Note (6/26/2007). Although 2007 Ky. Acts ch. 85, sec. 40, contains references to the "Department of Public Advocacy," the entity created by 2007 Ky. Acts ch. 85, secs. 7 and 40, and Executive Order 2006-805 is the "Department for Public Advocacy." In accordance with 2007 Ky. Acts ch. 85, sec. 335, and KRS 7.136, the erroneous references in this section have been corrected in codification. Legislative Research Commission Note (6/26/2007). Although subsection (3)(d) of this section states that the Criminal Justice Council is "described in KRS 15A.030," the Criminal Justice Council is actually created and described in 2007 Ky. Acts ch. 85, sec. 37, codified as KRS 15A.075.

KRS 15A.030 Additional organizational units in cabinet

15A.030. Additional organizational units in cabinet (1) The Justice and Public Safety Cabinet, in addition to the departments, divisions, offices, and branches set forth in KRS 15A.020, shall consist of the following organizational units: (a) Kentucky State Corrections Commission, supported by the Department of Corrections; (b) Criminal Justice Council, supported by the Office of Legislative and Intergovernmental Services; and (c) Kentucky Parole Board, supported by the cabinet. (2) Except for the Kentucky Parole Board, which shall be attached to the cabinet for administrative and support services only, each agency specified in this section shall: (a) Perform its duties as specified by law; (b) Except as otherwise provided by law, be under the general direction and control of the secretary; (c) Perform such other duties as may be assigned to the secretary; and (d) Report to the secretary. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 38, sec. 2, effective June 29, 2017. -- Amended 2007 Ky. Acts ch. 85, sec. 41, effective June 26, 2007. -- Amended 2000 Ky. Acts ch. 49, sec. 1, effective March 3, 2000; and ch. 218, sec. 1, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 65, sec. 2, effective July 15, 1998; and ch. 606, sec. 26, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 227, sec. 3, effective July 15, 1994. -- Amended 1982 Ky. Acts ch. 343, sec. 3, effective July 15, 1982; and ch. 377, sec. 5, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 155, sec. 13, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 74, Art. V, sec. 3.

KRS 15A.040 Office of the Secretary -- Duties

15A.040. Office of the Secretary -- Duties The Office of the Secretary of the Justice and Public Safety Cabinet shall advise and recommend to the secretary of the Justice and Public Safety Cabinet, the Governor, and the General Assembly policies and direction for long-range planning regarding all elements of the criminal justice system. The office shall also: (1) Award state and federal grants and ensure that the grants are consistent with the priorities adopted by the Governor; (2) Disseminate information on criminal justice issues and crime trends; and (3) Provide technical assistance to all criminal justice agencies. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 85, sec. 42, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 85, sec. 40, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 218, sec. 3, effective July 14, 2000; ch. 220, sec. 1, effective July 14, 2000; and ch. 534, sec. 2, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 606, sec. 27, effective July 15, 1998. -- Created 1974 Ky. Acts ch. 74, Art. V, sec. 5.

KRS 15A.042 Repealed, 2007

15A.042. Repealed, 2007 Catchline at repeal: Office of Criminal Justice Council -- Divisions -- Duties -- Executive director. History: Repealed 2007 Ky. Acts ch. 85, sec. 334, effective June 26, 2007. -- Created 2000 Ky. Acts ch. 218, sec. 2, effective July 14, 2000.

KRS 15A.050 Repealed, 2007

15A.050. Repealed, 2007 Catchline at repeal: General counsel. History: Repealed 2007 Ky. Acts ch. 85, sec. 334, effective June 26, 2007. -- Created 1974 Ky. Acts ch. 74, Art. V, sec. 6.

KRS 15A.060 Office of Secretary to serve as state planning agency for federal Crime Control and Safe Streets Act

15A.060. Office of Secretary to serve as state planning agency for federal Crime Control and Safe Streets Act The Office of Secretary of Justice and Public Safety shall serve as the state planning agency for purposes of compliance with the federal Crime Control and Safe Streets Act of 1968, as amended, or subsequently adopted federal criminal justice legislation. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 85, sec. 43, effective June 26, 2007. -- Amended 2000 Ky. Acts ch. 218, sec. 4, effective July 14, 2000. -- Amended 1982 Ky. Acts ch. 343, sec. 4, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 155, sec. 14, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 74, Art. V, sec. 7.

KRS 15A.061 Juvenile justice data tracking system -- Interdepartmental collaboration for analysis of juvenile recidivism

15A.061. Juvenile justice data tracking system -- Interdepartmental collaboration for analysis of juvenile recidivism (1) The cabinet shall maintain a comprehensive, centralized data tracking system for the Department of Juvenile Justice. (2) The cabinet shall ensure that all departments within the cabinet collaborate to develop procedures to allow collection and sharing of data necessary to analyze juvenile recidivism. Recidivism includes an adjudication of delinquency by a juvenile court, or a convictio n by a District Court or Circuit Court, for an offense committed within three (3) years of release from the custody or control of the Department of Juvenile Justice. Effective: March 27, 2023 History: Amended 2023 Ky. Acts ch. 106, sec. 2, effective March 27, 2023. -- Created 2014 Ky. Acts ch. 132, sec. 1, effective July 15, 2014.

KRS 15A.062 Fiscal incentive program for local efforts to enhance public safety and reduce juvenile justice system costs

15A.062. Fiscal incentive program for local efforts to enhance public safety and reduce juvenile justice system costs (1) It is the intent of the Commonwealth to maintain public safety and achieve savings through the use of evidence-based treatment programs and practices at the local level and to reinvest a portion of the savings achieved into community-based programs and services. (2) The cabinet shall, as funds become available, develop a fiscal incentive program to fund local efforts that enhance public safety while reducing juvenile justice system costs. (3) Funds appropriated to the cabinet for the fiscal incentive program shall be distributed as follows: (a) Ninety percent (90%) shall be utilized for renewable, competitive grants to be awarded to judicial districts, or groups of judicial districts, for the purpose of establishing community-based sanction and treatment programs that provide alternatives to out-of-home placement; and (b) Ten percent (10%) shall be made available to judicial districts, or groups of judicial districts, not receiving funds under paragraph (a) of this subsection, to fund individualized interventions on an occasional basis to avoid commitment to the Department of Juvenile Justice for a limited number of youth. (4) The cabinet shall establish the incentive grant application and award process for funds allocated under subsection (3)(a) of this section that includes but is not limited to: (a) The requirements for the grant application, including: 1. The identification of the local committee that will be responsible for the grant application and implementation. The committee shall consist of local individuals or organizations, which may include judges, county attorneys, defense attorneys, educators, treatment providers, mental health or behavioral health service providers, local officials, law enforcement, and other interested persons. The local committee may utilize an existing committee or may be formed for the purpose of the grant application and implementation; 2. A requirement that the application be signed as "Have Reviewed and Agree" by all juvenile court judges in the applicant's judicial district or group of judicial districts; 3. A description of the proposed program region and the juvenile justice need the program is intended to meet; 4. A description of how the proposed program collaborates with: a. Schools; b. The Administrative Office of the Courts; c. The Cabinet for Health and Family Services; d. Private entities serving children and families; and e. The department; and 5. A description of performance measures to be utilized to measure the outcome and overall impact of the program; (b) The procedure for review of the grant applications and the award of the grants including: 1. A committee that includes subject matter experts to review the applications; 2. Criteria to be utilized in awarding of the grants, including but not limited to: a. The use of evidence-based practices in program design; b. How the program reduces the use of commitments; c. How the program reduces the use of out-of-home placements; d. How the program reduces recidivism; e. How the program establishes or utilizes educational, vocational, substance abuse, behavioral health, mental health, or family intervention services, and local alternatives to detention; f. Whether grant funds will be used to leverage existing funding resources or increase access to existing resources; g. Geographical distribution; h. The number of youth potentially served by the program or service; i. The cost of the program or service; and j. The existence of similar services in the judicial district; and 3. A process for awarding the grants that may include objective scoring criteria; (c) A baseline for calculating reductions for the competitive grant program utilizing 2013 data that combines commitment and detention admissions, and overrides of decisions to allow eligible cases to proceed to diversion; and (d) Criteria for renewal of a grant awarded under subsection (3)(a) of this section, including: 1. a. A twenty percent (20%) reduction in detention admissions, public offense commitment, or combination thereof, as compared to the applicant's baseline; or b. A ten percent (10%) reduction in detention admissions, public offense commitments, or combination thereof and a thirty percent (30%) reduction in the use of prosecutorial override of diversion recommendations as compared to the applicant's baseline; 2. If the judicial district meets the reductions required in this subsection, the judicial district may be considered for grant renewal. The grants are not guaranteed to be renewed, and an application shall be submitted for consideration of renewal; 3. If a judicial district has substantially complied with the requirements of the program, but has not attained the reductions required in this subsection, the judicial district may apply for a grant renewal if there is a fifteen percent (15%) reduction in detention admissions, public offense commitments, or a combination thereof during year one (1) as compared to the applicant’s baseline; and 4. Detention and public offense commitments for violent offenses as specified in KRS 439.3401 shall not be counted in the calculation of reductions for a judicial district. (5) (a) A judicial district may apply for the competitive grant program under subsection (3)(a) of this section until: 1. The population of detention admissions and public offense commitments is reduced by sixty percent (60%) as compared to the applicant's baseline; or 2. The population of detention admissions, public offense commitments, or a combination thereof is reduced by thirty percent (30%) as compared to the applicant's baseline, and the use of prosecutorial override of diversion recommendations is reduced by ninety percent (90%) as compared to the applicant's baseline. (b) If the judicial district meets the reductions described in paragraph (a) of this subsection, the district may continue to apply for funding so long as the reductions required are maintained. (6) The cabinet shall establish an expedited application and approval process for awarding the one (1) time only funds under subsection (3)(b) of this section, that includes but is not limited to: (a) A requirement that the application be signed as "Have Reviewed and Agree" by a juvenile court judge in the applicant's judicial district or group of judicial districts; (b) A description of the proposed purpose of the grant and the applicant’s need; and (c) Other requirements as determined appropriate by the cabinet. (7) The Administrative Office of the Courts shall: (a) Act as the fiscal agent to receive funds awarded to a judicial district; (b) Provide technical assistance to the judicial district in developing and writing its grant application; and (c) Collect and report data the judicial districts are required to report under the fiscal incentive program. (8) The cabinet shall report annually to the oversight council created in KRS 15A.063 on the fiscal incentive program, outcomes achieved, and cost savings realized through reductions in the use of detention and commitments. Effective: July 15, 2014 History: Created 2014 Ky. Acts ch. 132, sec. 2, effective July 15, 2014.

KRS 15A.063 Juvenile Justice Oversight Council -- Purpose -- Membership -- Duties -- Attachment to Legislative Research Commission. (Effective until January 1, 2027)

15A.063. Juvenile Justice Oversight Council -- Purpose -- Membership -- Duties -- Attachment to Legislative Research Commission. (Effective until January 1, 2027) (1) The Juvenile Justice Oversight Council is created for the purpose of providing independent review of the state juvenile justice system and providing recommendations to the General Assembly. The council shall actively review the implementation of all juvenile justice reforms enacted by the General Assembly, collect and review performance measurement data, and continue to review the juvenile justice system for changes that improve public safety, hold youth accountable, provide better outcomes for children and families, and control juvenile justice costs. (2) (a) The membership of the council shall include the following: 1. The secretary of the Justice and Public Safety Cabinet, ex officio; 2. The commissioner of the Department for Behavioral Health, Developmental and Intellectual Disabilities, ex officio; 3. The commissioner of the Department for Community Based Services, ex officio; 4. The commissioner of the Department of Juvenile Justice, ex officio; 5. The commissioner of the Department of Education, ex officio; 6. The director of the Administrative Office of the Courts, ex officio; 7. The Public Advocate, ex officio; 8. The Senate chair of the Committee on Judiciary, nonvoting ex officio; 9. The House chair of the Committee on Judiciary, nonvoting ex officio; 10. One (1) member of the Senate appointed by the President of the Senate, and one (1) member of the minority party in the Senate appointed by the Minority Floor Leader in the Senate, who shall serve as ex officio, nonvoting members for the duration of the terms for which they were elected; 11. One (1) member of the House of Represe ntatives appointed by the Speaker of the House of Representatives, and one (1) member of the minority party in the House of Representatives appointed by the Minority Floor Leader in the House of Representatives, who shall serve as ex officio, nonvoting members for the duration of the terms for which they were elected; and 12. Five (5) at-large members appointed by the Governor, as follows: a. One (1) member representing public schools or an education group or organization; b. One (1) District Judge nominate d by the Chief Justice of the Kentucky Supreme Court; c. One (1) member representing law enforcement; d. One (1) member of the County Attorneys' Association nominated by the Attorney General; and e. One (1) member representing community-based organizations, whether for-profit or nonprofit, with experience in programs for juveniles, including substance abuse prevention and treatment, case management, mental health, or counseling. (b) The chairs of the House and Senate Judiciary Committees shall serve as co - chairs. (c) At-large members shall be appointed by August 1, 2022, shall serve a term of two (2) years, and may be reappointed. (d) Each ex officio member, except for legislative members, may designate a proxy by written notice to the council prior to call of order of each meeting, and the proxy shall be entitled to participate as a full voting member. (e) Except as otherwise provided by law, members shall not be compensated for being members of the council but shall be reimbursed for ordinary travel expenses, including meals and lodging, incurred while performing council business. (f) The council shall meet at least quarterly. A quorum, consisting of a majority of the membership of the council, shall be required for the transaction of business. Meetings shall be held at the call of the chair, or upon the written request of two (2) members to the chair. (3) The council shall: (a) Review the implementation of the reforms enacted by the General Assembly; (b) Review performance measures and recommend modification s; (c) Review all policies to confirm implementation as established by legislation enacted by the General Assembly and administrative regulations promulgated thereunder; (d) Review the fiscal incentive program established pursuant to KRS 15A.062; (e) Collect and review performance data and recommend any additional performance measures needed to identify outcomes in the juvenile justice system; (f) Review the information received from the Department of Education pursuant to KRS 156.095, and determine whether any action is necessary, including additional performance measures, funding, or legislation; (g) Continue review of juvenile justice areas determined appropriate by the council, including: 1. Status offense reform; 2. Necessary training for school resource officers as defined in KRS 158.441, in juvenile justice best practices, research, and impacts on recidivism and long-term outcomes; 3. Graduated sanctions protocols in public schools, including their current use and their development statewide; 4. A minimum age of criminal responsibility; 5. Competency; 6. Reforms to the family resource and youth service centers in the Cabinet for Health and Family Services; 7. Population levels in Department of Juvenile Justice facilities, and the potential for closure of facilities while maintaining staffing ratios necessary to comply with applicable accreditation standards; and 8. Whether juvenile court hearings should be open to the public; (h) Review and make recommendations regarding: 1. The structure and staffing of the Department of Juvenile Justice; 2. Training of juvenile justice staff; 3. The adequacy of current programs and facilities operated by the Department of Juvenile Justice; 4. Best practices in juvenile justice programs and facilities; and 5. Other topics as determined by the council; and (i) Report by December 1, 2023, and by December 1 of each year thereafter, to the Interim Joint Committee on Judiciary and the Governor and make recommendations to the General Assembly for any additional legislative changes the council determines appropriate. (4) The council shall be attached to the Legislative Research Commission for administrative purposes. (5) The council shall terminate on July 1, 2030, unless the General Assembly extends the term of the council. Effective: March 27, 2023 History: Amended 2023 Ky. Acts ch. 106, sec. 3, effective March 27, 2023. -- Amended 2022 Ky. Acts ch. 136, sec. 1, effective April 8, 2022. -- Amended 2019 Ky. Acts ch. 5, sec. 11, effective March 11, 2019. -- Created 2014 Ky. Acts ch. 132, sec. 3, effective July 15, 2014.

KRS 15A.064 Local juvenile restorative justice advisory committees -- Membership -- Duties -- Reports

15A.064. Local juvenile restorative justice advisory committees -- Membership -- Duties -- Reports (1) The Department of Juvenile Justice shall establish in each county, or assign to an existing body the responsibilities of, a local juvenile restorat ive justice advisory committee. For counties within the same judicial district, the requirements of this subsection may be satisfied through a joint committee. (2) The membership of each committee shall include the following: (a) The Chief District Judge; (b) The county attorney; (c) An assistant public advocate; (d) A representative from the Department for Community Based Services; (e) A representative from the Department of Juvenile Justice; (f) A representative from a local law enforcement agency; (g) A representative from each local school district; (h) Community members reflecting the racial, socioeconomic, and other diversity of the county or, in the case of a joint committee, the counties; and (i) A representative from a victims advocacy group. (3) Each committee shall: (a) Establish sustainable programs that employ restorative practices to identify the underlying causes of negative behavior and empower children, families, and communities to address and prevent issues surrounding incidents of negative behavior; and (b) Develop and implement local restorative justice programs with an established organization to serve children, youth, and families through referrals from the court, the court-designated worker, the Department of Juvenile Justice, public schools, or other social service agencies, or upon request of a child or family. (4) Restorative justice programs established pursuant to this section shall not allow participation by a child accused or adjudicated of an offense which would classify him or her as a violent offender under KRS 439.3401. (5) Each committee shall meet at least quarterly, and shall report to the Department of Juvenile Justice, Office of Community and Mental Health Services. Effective: July 15, 2024 History: Created 2024 Ky. Acts ch. 174, sec. 53, effective July 15, 2024.

KRS 15A.065 Department of Juvenile Justice -- Powers and duties -- Advisory board

15A.065. Department of Juvenile Justice -- Powers and duties -- Advisory board (1) The Department of Juvenile Justice shall be headed by a commissioner and shall develop and administer programs for: (a) Prevention of juvenile crime; (b) Identification of juveniles at risk of becoming status or public offenders and development of early intervention strategies for these children, and, except for adjudicated youth, participation in prevention programs shall be voluntary; (c) Providing educational information to law enforcement, prosecution, victims, defense attorneys, the courts, the educational community, and the public concerning juvenile crime, its prevention, detection, trial, punishment, and rehabilitation; (d) The operation of or contracting for the operation of postadjudication treatment facilities and services for children adjudicated delinquent or found guilty of public offenses or as youthful offenders; (e) The operation or contracting for the operation, and the encouragement of operation by others, including local governments, volunteer organizations, and the private sector, of programs to serve predelinquent and delinquent youth; (f) Utilizing outcome-based planning and evaluation of programs to ascertain which programs are most appropriate and effective in promoting the goals of this section; (g) Conducting research and comparative experiments to find the most effective means of: 1. Preventing delinquent behavior; 2. Identifying predelinquent youth; 3. Preventing predelinquent youth from becoming delinquent; 4. Assessing the needs of predelinquent and delinquent youth; 5. Providing an effective and efficient program designed to treat and correct the behavior of delinquent youth and youthful offenders; 6. Assessing the success of all programs of the department and those operated on behalf of the department and making recommendations for new programs, improvements in existing programs, or the modification, combination, or elimination of programs as indicated by the assessment and the research; and (h) Seeking funding from public and private sources for demonstration projects, normal operation of programs, and alterations of programs. (2) The Department of Juvenile Justice may contract, with or without reimbursement, with a city, county, or urban-county government, for the provision of probation, diversion, and related services by employees of the contracting local government. (3) The Department of Juvenile Justice may contract for the provision of services, treatment, or facilities which the department finds in the best interest of any child, or for which a similar service, treatment, or facility is either not provided by the department or not available because the service or facilities of the department are at their operating capacity and unable to accept new commitments. The department shall, after consultation with the Finance and Administration Cabinet, promulgate administrative regulations to govern at least the following aspects of this subsection: (a) Bidding process; and (b) Emergency acquisition process. (4) The Department of Juvenile Justice shall develop programs to: (a) Ensure that youth in state-operated or contracted residential treatment programs have access to an ombudsman to whom they may report program problems or concerns; (b) Review all treatment programs, state-operated or contracted, for their quality and effectiveness; and (c) Provide mental health services to committed youth according to their needs. (5) (a) The Department of Juvenile Justice shall have an advisory board appointed by the Governor, which shall serve as the advisory group under the Juvenile Justice and Delinquency Prevention Act of 1974, Pub. L. No. 93-415, as amended, and which shall provide a formulation of and recommendations for meeting the requirements of this section not less than annually to the Governor, the Justice and Public Safety Cabinet, the Department of Juvenile Justice, the Cabinet for Health and Family Services, the Interim Joint Committees on Judiciary and on Appropriations and Revenue of the Legislative Research Commission when the General Assembly is not in session, and the Judiciary and the Appropriations and Revenue Committees of the House of Representatives and the Senate when the General Assembly is in session. The advisory board shall develop program criteria for early juvenile intervention, diversion, and prevention projects, develop statewide priorities for funding, and make recommendations for allocation of funds to the Commissioner of the Department of Juvenile Justice. The advisory board shall review grant applications from local juvenile delinquency prevention councils and include in its annual report the activities of the councils. The advisory board shall meet not less than quarterly. (b) The advisory board shall be chaired by a private citizen member appointed by the Governor and shall serve a term of two (2) years and thereafter be elected by the board. The members of the board shall be appointed to staggered terms and thereafter to four (4) year terms. The membership of the advisory board shall consist of no fewer than fifteen (15) persons and no more than thirty-three (33) persons who have training, experience, or special knowledge concerning the prevention and treatment of juvenile delinquency or the administration of juvenile justice. A majority of the members shall not be full-time employees of any federal, state, or local government, and at least one-fifth (1/5) of the members shall be under the age of twenty-four (24) years at the time of appointment. On July 15, 2002, any pre-existing appointment of a member to the Juvenile Justice Advisory Board and the Juvenile Justice Advisory Committee shall be terminated unless that member has been re-appointed subsequent to January 1, 2002, in which case that member's appointment shall continue without interruption. The membership of the board shall include the following: 1. Three (3) current or former participants in the juvenile justice system; 2. An employee of the Department of Juvenile Justice; 3. An employee of the Cabinet for Health and Family Services; 4. A person operating alternative detention programs; 5. An employee of the Department of Education; 6. An employee of the Department of Public Advocacy; 7. An employee of the Administrative Office of the Courts; 8. A representative from a private nonprofit organization with an interest in youth services; 9. A representative from a local juvenile delinquency prevention council; 10. A member of the Circuit Judges Association; 11. A member of the District Judges Association; 12. A member of the County Attorneys Association; 13. A member of the County Judge/Executives Association; 14. A person from the business community not associated with any other group listed in this paragraph; 15. A parent not associated with any other group listed in this paragraph; 16. A youth advocate not associated with any other group listed in this paragraph; 17. A victim of a crime committed by a person under the age of eighteen (18) not associated with any other group listed in this paragraph; 18. A local school district special education administrator not associated with any other group listed in this paragraph; 19. A peace officer not associated with any other group listed in this paragraph; and 20. A college or university professor specializing in law, criminology, corrections, psychology, or similar discipline with an interest in juvenile corrections programs. (c) Failure of any member to attend three (3) meetings within a calendar year shall be deemed a resignation from the board. The board chair shall notify the Governor of any vacancy and submit recommendations for appointment. (6) The Department of Juvenile Justice shall, in cooperation with the Department of Public Advocacy, develop a program of legal services for juveniles committed to the department who are placed in state-operated residential treatment facilities and juveniles in the physical custody of the department who are detained in a state-operated detention facility, who have legal claims related to the conditions of their confinement involving violations of federal or state statutory or constitutional rights. This system may utilize technology to supplement personal contact. The Department of Juvenile Justice shall promulgate an administrative regulation to govern at least the following aspects of this subsection: (a) Facility access; (b) Scheduling; and (c) Access to residents' records. (7) The Department of Juvenile Justice may, if space is available and conditioned upon the department's ability to regain that space as needed, contract with another state or federal agency to provide services to youth of that agency. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 167, sec. 3, effective June 29, 2017. -- Amended 2007 Ky. Acts ch. 85, sec. 44, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 99, sec. 85, effective June 20, 2005. -- Amended 2004 Ky. Acts ch. 160, sec. 1, effective July 13, 2004. -- Amended 2002 Ky. Acts ch. 59, sec. 2, effective July 15, 2002; and ch. 263, sec. 1, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 426, sec. 70, effective July 15, 1998; and ch. 538, sec. 4, effective April 13, 1998. -- Created 1996 Ky. Acts ch. 358, sec. 1, effective July 15, 1996. Legislative Research Commission Note (6/26/2007). 2007 Ky. Acts ch. 85, relating to the creation and organization of the Justice and Public Safety Cabinet, instructs the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in that Act. Such a correction has been made in this section. Legislative Research Commission Note (7/15/2002). This section was amended by 2002 Ky. Acts chs. 59 and 263. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 263, which was last enacted by the General Assembly, prevails under KRS 446.250.

KRS 15A.066 Department of Juvenile Justice employee not required to give personal attendance in out-of-county civil suit -- Exception for necessary witness

15A.066. Department of Juvenile Justice employee not required to give personal attendance in out-of-county civil suit -- Exception for necessary witness No employee of the Department of Juvenile Justice shall be required to give personal attendance as a witness in any civil suit arising out of or related to his or her employment, out of the county of that employee's assigned work station, but his or her deposition shall be taken in lieu thereof; however, if the court in which the civil action is pending finds that the witness is a necessary witness for trial, that court may order the personal attendance of the witness at trial. Effective: July 15, 2002 History: Created 2002 Ky. Acts ch. 263, sec. 2, effective July 15, 2002.

KRS 15A.067 Division of Program Services -- Access to educational records -- Screening and education of incarcerated youth -- Information on educational status and need

15A.067. Division of Program Services -- Access to educational records -- Screening and education of incarcerated youth -- Information on educational status and need (1) As used in this section, "facility" means any of the facilities specified in KRS 15A.200 operated by a political subdivision of the Commonwealth of Kentucky and juvenile detention facilities operated by the Commonwealth of Kentucky for the care of juveniles alleged to be delinquent or adjudicated delinquent. (2) (a) There is established within the department a Division of Program Services that shall be responsible for ensuring the delivery of appropriate educational programs to incarcerated youth. Each facility shall provide educational services to youth ordered by the court to remain in the juvenile detention facility. (b) Any other statutes to the contrary notwithstanding, the department shall have access to all educational records, public or private, of any juvenile in a facility or program or informal adjustment authorized by law. (c) The Division of Program Services shall ensure that all incarcerated youth be provided appropriate screening and educational programs as follows: 1. For students identified before incarceration as having an educational disability, the Division of Program Services shall make specially designed instruction and related services available as required by Kentucky Board of Education administrative regulations applicable to students with disabilities. 2. For students incarcerated for more than fourteen (14) days, the division shall ensure that appropriate screening is provided to all youth. Screening shall include but not be limited to seeking the juvenile's educational record. 3. For students incarcerated for more than thirty (30) days, the division shall ensure that all youth are provided an appropriate education. (d) The department shall be responsible for providing, in its contracts with non- state-operated juvenile detention facilities, the specific obligations of those entities to provide educational services to incarcerated juveniles consistent with this section, including funding provisions. (e) The Department of Education and all local school district administrators shall cooperate with officials responsible for the operation of juvenile detention facilities and with the Division of Program Services to ensure that all documents necessary to establish educational status and need shall follow the students who are being held in these facilities so the students can be afforded educational opportunities. (f) 1. Upon disposition by the juvenile court that an adjudicated juvenile shall stay in a juvenile detention facility for any period of time, the facility shall notify the juvenile's last resident school district of the student's whereabouts. 2. Within five (5) days after the juvenile is released, the Division of Program Services shall notify the district in which the student will reside of the youth's release and educational status and forward any educational records. (g) The department shall, after consultation with the Department of Education, promulgate an administrative regulation for the effective implementation of this section. Effective: July 15, 2014 History: Amended 2014 Ky. Acts ch. 132, sec. 7, effective July 15, 2014. -- Amended 2002 Ky. Acts ch. 257, sec. 1, effective July 15, 2002. -- Amended 2001 Ky. Acts ch. 64, sec. 2, effective June 21, 2001. -- Amended 2000 Ky. Acts ch. 8, sec. 1, effective July 14, 2000; and ch. 534, sec. 3, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 606, sec. 3, effective July 15, 1998. -- Created 1996 Ky. Acts ch. 358, sec. 64, effective July 15, 1996; and ch. 362, sec. 6, effective July 15, 1996.

KRS 15A.068 Duties of department if child may be victim of human trafficking -- Administrative regulations

15A.068. Duties of department if child may be victim of human trafficking -- Administrative regulations (1) If, during the course of screening, assessing, or providing services to a child committed to or in the custody of the department, there is reasonable cause to believe that the child is a victim of human trafficking as defined in KRS 529.010, the department shall: (a) File a report with the Cabinet for Health and Family Services pursuant to KRS 620.030; (b) Notify the child's attorney that the child may be a victim of human trafficking; and (c) If the child does not pose a threat to public safety, petition the court to transfer custody from the department to the Cabinet for Health and Family Services. (2) After consultation with agencies serving victims of human trafficking, the department shall promulgate administrative regulations for the treatment of child victims of human trafficking who are committed to or in the custody of the department and pose a threat to public safety but do not qualify to be in the custody of the Cabinet for Health and Family Services under subsection (1)(c) of this section. The administrative regulations shall include provisions for appropriate screening, assessment, placement, treatment, and services for these children, the training of staff, and collaboration with service providers. Effective: June 25, 2013 History: Created 2013 Ky. Acts ch. 25, sec. 4, effective June 25, 2013.

KRS 15A.069 Division of Placement Services -- Duties -- Reinvestment of juvenile justice facilities' savings

15A.069. Division of Placement Services -- Duties -- Reinvestment of juvenile justice facilities' savings (1) There is established within the department a Division of Placement Services that shall be responsible: (a) For the management, policy direction, and coordination of all matters relating to the classification, evaluation, and placement of juveniles committed to or detained by the department; (b) For the transportation of juveniles committed to or detained by the department; (c) If the division places a juvenile in a county other than the county of adjudication or sentencing, for notifying a department caseworker in the county of placement of this fact; and (d) For notifying the District Court in the county of placement of the juvenile's complete offense record. (2) Any savings achieved by the Department of Juvenile Justice as a result of a reduction in the population in Department of Juvenile Justice facilities shall be reinvested as follows: (a) Fifty percent (50%) of all savings shall be reinvested into Department of Juvenile Justice community supervision and aftercare services; (b) Twenty-five percent (25%) shall be reinvested in day treatment centers; and (c) Twenty-five percent (25%) shall be reinvested in the fiscal incentive program established in KRS 15A.062. The oversight council established in KRS 15A.063 may recommend to the General Assembly modifications to the allocation of funds under this subsection. Effective: July 15, 2014 History: Created 2014 Ky. Acts ch. 132, sec. 6, effective July 15, 2014.

KRS 15A.070 Duties and powers of Department of Criminal Justice Training -- Course instruction -- Administrative regulations -- Qualification as independent study

15A.070. Duties and powers of Department of Criminal Justice Training -- Course instruction -- Administrative regulations -- Qualification as independent study (1) The Department of Criminal Justice Training shall: (a) Establish, supervise, and coordinate training programs and schools for law enforcement personnel, subject to the limitations of KRS 15.440(1)(d) and (e) and 15.560, and any other justice or nonlaw-enforcement-related personnel as prescribed by the secretary; and (b) Promulgate an administrative regulation pursuant to KRS Chapter 13A by September 1, 2022, to establish procedures and participation requirements for basic training and annual in-service course instruction to be offered electronically and online through remote learning. The administrative regulation shall include the following provisions: 1. By no later than January 1, 2024, at least ten percent (10%) of the total hours of course instruction required to be completed for basic training under KRS 15.440(1)(d) be made available electronically and online for candidates to complete through remote learning; 2. By no later than January 1, 2025, at least thirty percent (30%) of the total course instruction required to be completed by an officer for annual in- service training under KRS 15.440(1)(e) that is offered or sponsored by the Department of Criminal Justice Training be made available electronically and online to complete through remote learning; 3. The instruction provided by the Department of Criminal Justice Training under this paragraph shall not be in subject areas that require the demonstration or use of physical skill for the purposes of evaluating the participant's proficiency; 4. The course offerings and instruction required to be provided under subparagraph 2. of this paragraph be available throughout the entire calendar year and spread over a reasonable period of time so as not to require attendance or participation for the entirety of a single work week; and 5. Any other reasonable procedures and rules to ensure the attendance, active participation, and successful mastery of the subject matters presented in the courses it provides electronically and online through remote learning under this paragraph are established. (2) The Department of Criminal Justice Training shall make a continuing study of law enforcement training standards and upon request may furnish information relating to standards for recruitment, employment, promotion, organization, management, and operation of any law enforcement agency in Kentucky. (3) The Department of Criminal Justice Training shall conduct continuing research on criminal law and criminal justice subjects related to law enforcement training. (4) The Department of Criminal Justice Training may by administrative regulation provide for administrative hearings to be conducted in accordance with KRS Chapter 13B. (5) The commissioner of the Department of Criminal Justice Training may promulgate administrative regulations in accordance with KRS Chapter 13A. (6) (a) Nothing in subsection (1)(b) of this section shall be interpreted to be an independent study as defined in 38 C.F.R. sec. 21.4267. (b) In order to ensure that a qualified trainee shall receive all Post-9/11 GI Bill benefits, or any other similar federal benefits related to military service, to which the trainee is entitled to receive while participating in basic training provided by the Department of Criminal Justice Training pursuant to KRS 15.440(1)(d), the following shall apply in the event that the Kentucky Approving Agency for Veterans Education within the Kentucky Community and Technical College System classifies the training provided pursuant to subsection (1)(b) of this section as independent study as defined in 38 C.F.R. sec. 21.4267: 1. The Kentucky Approving Agency for Veterans Education shall seek a formal opinion of the United States Department of Veterans Affairs regarding its decision to classify the program as independent study; 2. If the United States Department of Veterans Affairs will not issue a formal opinion or determines or otherwise agrees that the program qualifies as independent study under federal regulations, the Department of Criminal Justice Training shall make available in-person course instruction to those who receive Post-9/11 GI Bill benefits, or any other similar federal benefits related to military service, as long as this offering meets criteria established under federal laws and regulations, provided that the Department of Criminal Justice Training and Kentucky Approving Agency for Veterans Education seeks a formal opinion of the United States Department of Veterans Affairs regarding any criteria that is relied upon to attempt to disqualify the agency; 3. If the Department of Criminal Justice Training cannot provide in-person instruction as provided in subparagraph 2. of this paragraph because of a final determination that the trainee would be disqualified from receiving benefits during his or her participation in the program, the Department of Criminal Justice Training shall cause to be paid to the trainee an amount equal to the benefits the trainee would have received under the Post-9/11 GI Bill benefits or any other similar federal benefits related to military service had the program or instruction not been disqualified. The amount shall be paid to the trainee from the Kentucky Law Enforcement Foundation Program fund under KRS 15.430; and 4. In the event that insufficient funds exist in the Kentucky Law Enforcement Foundation Program fund established pursuant to KRS 15.430 to meet the obligations provided in subparagraph 3. of this paragraph, the law enforcement agency employing the trainee shall cause to be paid to the trainee an amount equal to the benefits the trainee would have received under the Post-9/11 GI Bill benefits or any other similar federal benefits related to military service had the program or instruction not been disqualified. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 91, sec. 1, effective July 14, 2022. -- Amended 2016 Ky. Acts ch. 112, sec. 10, effective July 15, 2016. -- Amended 2000 Ky. Acts ch. 480, sec. 11, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 318, sec. 17, effective July 15, 1996. -- Amended 1986 Ky. Acts ch. 64, sec. 4, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 343, sec. 5, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 295, sec. 7, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 155, sec. 15, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 4, effective July 1, 1977. -- Created 1974 Ky. Acts ch. 74, Art. V, sec. 8.

KRS 15A.072 Transfer of Department of Criminal Justice Training contract employees

15A.072. Transfer of Department of Criminal Justice Training contract employees (1) Effective May 1, 2017, contract employees of Eastern Kentucky University who are engaged in providing instructional and support services to the mission of the Department of Criminal Justice Training shall be transferred to the Department of Criminal Justice Training within the Justice and Public Safety Cabinet along with the funding associated with those employees. The Personnel Cabinet shall assist in implementing the transfer of employees. (2) Employees transferred pursuant to subsection (1) of this section shall retain the following: (a) All salaries and leave time balances accumulated as of the transfer date; (b) The date of initial contract employment with the Eastern Kentucky University for purposes of determining leave time accumulation; and (c) The date of initial participation in a state-administered retirement system if the employee has participated or is participating in the Kentucky Employees Retirement System or the Kentucky Teachers' Retirement System for the purpose of calculating retirement benefits. However, nothing in this paragraph shall be construed to provide additional service credit for an employee prior to the transfer date other than what has already been credited to the appropriate retirement system, and any months of service accrued while employed by Eastern Kentucky University shall not count towards classified or unclassified service as defined in KRS 18A.005. (3) As of May 1, 2017, employees transferred pursuant to subsection (1) of this section shall participate in the Kentucky Employees Retirement System as nonhazardous members pursuant to KRS 61.510 to 61.705. (4) Employees transferred to the Department of Criminal Justice Training pursuant to this section shall be eligible to participate in the state-sponsored life and health insurance benefit programs administered by the Personnel Cabinet in accordance with KRS Chapter 18A. Employees shall be eligible for coverage under the life and health insurance programs effective May 1, 2017, and shall not be subject to any waiting period that may be otherwise applicable to participation in these programs. Effective: March 21, 2017 History: Created 2017 Ky. Acts ch. 58, sec. 1, effective March 21, 2017.

KRS 15A.075 Criminal Justice Council -- Membership -- Duties -- Administrative support

15A.075. Criminal Justice Council -- Membership -- Duties -- Administrative support (1) The Criminal Justice Council is hereby created within the Justice and Public Safety Cabinet. (2) The council shall undertake such research and other activities as may be authorized or directed by: (a) The secretary of the Justice and Public Safety Cabinet; or (b) The General Assembly. (3) The membership of the council shall consist of: (a) The secretary of the Justice and Public Safety Cabinet, ex officio; (b) The Attorney General or his or her designee; (c) The chair of the Judiciary Committee of the House of Representatives, nonvoting ex officio; (d) The chair of the Judiciary Committee of the Senate, nonvoting ex officio; (e) The director of the Administrative Office of the Courts, ex officio; (f) The public advocate, ex officio; (g) The president of the Kentucky Association of Criminal Defense Lawyers or his or her designee; (h) The commissioner of the Department for Behavioral Health, Developmental and Intellectual Disabilities, ex officio; (i) The commissioner of the Department of Kentucky State Police or his or her designee; (j) The commissioner of the Department of Corrections, ex officio; (k) The commissioner of the Department of Juvenile Justice, ex officio; and (l) Six (6) at-large members appointed by the Governor, as follows: 1. One (1) District Judge and one (1) Circuit Judge nominated by the Chief Justice of the Kentucky Supreme Court; 2. One (1) member representing law enforcement; 3. One (1) member of the County Attorneys' Association; 4. One (1) member of the Commonwealth Attorneys' Association; and 5. One (1) member representing community-based organizations, whether for-profit or nonprofit, with experience in programs such as substance abuse prevention and treatment, case management, mental health, or counseling. (4) The chairs of the House and Senate Judiciary Committees shall serve as co-chairs. (5) At-large members shall be appointed by August 1, 2017, and shall serve a term of two (2) years, and may be reappointed. (6) Each ex officio member, except for legislative members, may designate a proxy by written notice to the council prior to call of order of each meeting, and the proxy shall be entitled to participate as a full voting member. (7) Each member of the council shall have one (1) vote. Members of the council shall serve without compensation but shall be reimbursed for their expenses actually and necessarily incurred in the performance of their duties. The council shall meet at least quarterly. Meetings shall be held at the call of the chair, or upon the written request of two (2) members to the chair. (8) A simple majority of the members of the council shall constitute a quorum for the conduct of business at a meeting. (9) The council is authorized to establish committees and appoint additional persons who may not be members of the council, as necessary to effectuate its purposes. (10) The council's administrative functions shall be performed by the executive director of the Office of Legislative and Intergovernmental Services, appointed by the secretary of the Justice and Public Safety Cabinet and supported by the administrative, clerical, and other staff as allowed by budgetary limitations and as needed to fulfill the council's role and mission and to coordinate its activities. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 158, sec. 98, effective June 29, 2017. -- Amended 2009 Ky. Acts ch. 75, sec. 13, effective June 25, 2009. -- Created 2007 Ky. Acts ch. 85, sec. 37, effective June 26, 2007. Legislative Research Commission Note (6/26/2007). 2007 Ky. Acts ch. 85, sec. 37, proposed to create this section relating to the Criminal Justice Council within the Justice and Public Safety Cabinet as a new section of KRS Chapter 15. However, since KRS Chapter 15 relates to the Department of Law and KRS Chapter 15A relates to the Justice and Public Safety Cabinet, under the authority of KRS 7.136(1)(a), the Reviser of Statutes in codification has placed this section in KRS Chapter 15A rather than KRS Chapter 15.

KRS 15A.080 Interrelationship of offices for administrative purposes

15A.080. Interrelationship of offices for administrative purposes The Kentucky Law Enforcement Council shall be attached to the office of the commissioner, Department of Criminal Justice Training for administrative purposes. Effective: July 15, 1986 History: Amended 1986 Ky. Acts ch. 64, sec. 5, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 343, sec. 6, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 155, sec. 16, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 62, sec. 11. -- Created 1974 Ky. Acts ch. 74, Art. V, sec. 9.

KRS 15A.090 Internal organization

15A.090. Internal organization The secretary shall establish the internal organization of the cabinet not otherwise established by the Governor or the General Assembly and shall organize the cabinet into such organizational units as the secretary deems necessary to perform the functions, powers, and duties of the cabinet, subject to the provisions of KRS Chapter 12. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 85, sec. 45, effective June 26, 2007. -- Created 1974 Ky. Acts ch. 74, Art. V, sec. 10.

KRS 15A.100 Power and authority of secretary in performing functions of cabinet -- Deputy

15A.100. Power and authority of secretary in performing functions of cabinet -- Deputy The secretary shall have any and all necessary power and authority, subject to appropriate provisions of the statutes, to create such positions and to employ the necessary personnel in such positions to enable the secretary to perform the functions of the cabinet. The secretary shall designate a person to act as deputy for him in the exercise of his duties in his absence. History: Created 1974 Ky. Acts ch. 74, Art. V, sec. 11.

KRS 15A.110 Assistants to secretary

15A.110. Assistants to secretary All appointments to positions not in the classified service shall be made pursuant to KRS 12.050 and such appointees shall be major assistants to the secretary and shall assist in the development of policy. History: Created 1974 Ky. Acts ch. 74, Art. V, sec. 12.

KRS 15A.120 Repealed, 2007

15A.120. Repealed, 2007 Catchline at repeal: Transfer of functions to cabinet. History: Repealed 2007 Ky. Acts ch. 85, sec. 334, effective June 26, 2007. -- Amended 1982 Ky. Acts ch. 343, sec. 7, effective July 15, 1982. -- Created 1974 Ky. Acts ch. 74, Art. V, sec. 13.

KRS 15A.130 Repealed, 2007

15A.130. Repealed, 2007 Catchline at repeal: Transfer of funds, credits, assets, etc., to cabinet. History: Repealed 2007 Ky. Acts ch. 85, sec. 334, effective June 26, 2007. -- Amended 1982 Ky. Acts ch. 343, sec. 8, effective July 15, 1982; and ch. 377, sec. 6, effective July 15, 1982. -- Created 1974 Ky. Acts ch. 74, Art. V, sec. 14.

KRS 15A.140 Repealed, 2007

15A.140. Repealed, 2007 Catchline at repeal: Existing rules and regulations effective until modified or repealed. History: Repealed 2007 Ky. Acts ch. 85, sec. 334, effective June 26, 2007. -- Amended 1982 Ky. Acts ch. 343, sec. 9, effective July 15, 1982; and ch. 377, sec. 7, effective July 15, 1982. -- Created 1974 Ky. Acts ch. 74, Art. V, sec. 15.

KRS 15A.150 Administering of programs and grants

15A.150. Administering of programs and grants Except as otherwise provided by law, the cabinet shall administer all state programs and all state and federally funded grant programs related to criminal justice. History: Created 1974 Ky. Acts ch. 74, Art. V, sec. 16.

KRS 15A.160 Promulgation of administrative regulations -- Administration of laws and cabinet functions

15A.160. Promulgation of administrative regulations -- Administration of laws and cabinet functions The secretary may promulgate administrative regulations in accordance with KRS Chapter 13A and direct proceedings and actions for the administration of all laws and functions which are vested in the cabinet, except laws and functions vested in the Department of Public Advocacy. Effective: June 29, 2017 History: Amended 2017 Ky. Acts ch. 167, sec. 4, effective June 29, 2017. -- Amended 2007 Ky. Acts ch. 85, sec. 46, effective June 26, 2007. -- Amended 1982 Ky. Acts ch. 343, sec. 10, effective July 15, 1982. -- Created 1974 Ky. Acts ch. 74, Art. V, sec. 17. Legislative Research Commission Note (6/26/2007). Although 2007 Ky. Acts ch. 85, sec. 46, contains a reference to the "Department of Public Advocacy," the entity created by 2007 Ky. Acts ch. 85, secs. 7 and 40, and Executive Order 2006-805 is the "Department for Public Advocacy." In accordance with 2007 Ky. Acts ch. 85, sec. 335, and KRS 7.136, the erroneous reference in this section has been corrected in codification. Legislative Research Commission Note (10/5/90). Pursuant to KRS 7.136(1), KRS Chapter 13A has been substituted for the prior reference to KRS Chapter 13 in this statute. The sections in KRS Chapter 13 were repealed by 1984 Ky. Acts ch. 417, § 36 and KRS Chapter 13A was created in that same chapter of the 1984 Ky. Acts.

KRS 15A.170 Repealed, 2007

15A.170. Repealed, 2007 Catchline at repeal: Administrative support services -- Other related programs. History: Repealed 2007 Ky. Acts ch. 85, sec. 334, effective June 26, 2007. -- Amended 1982 Ky. Acts ch. 343, sec. 11, effective July 15, 1982; and ch. 377, sec. 8, effective July 15, 1982. -- Created 1974 Ky. Acts ch. 74, Art. V, sec. 18.

KRS 15A.180 Repealed, 2007

15A.180. Repealed, 2007 Catchline at repeal: Retention and protection of reports, documents, records, etc. History: Repealed 2007 Ky. Acts ch. 85, sec. 334, effective June 26, 2007. -- Amended 1982 Ky. Acts ch. 343, sec. 12, effective July 15, 1982; and ch. 377, sec. 9, effective July 15, 1982. -- Created 1974 Ky. Acts ch. 74, Art. V, sec. 19.

KRS 15A.190 Uniform reporting forms to provide statistical information on crimes -- Administrative regulations

15A.190. Uniform reporting forms to provide statistical information on crimes -- Administrative regulations The cabinet, in consultation with the Cabinet for Health and Family Services, the Kentucky Commission on Women, and any other agency c oncerned with particular acts of criminal activity, shall: (1) Design and make available to all law enforcement agencies in the Commonwealth, an electronic uniform reporting form, to be known as the JC -3, which provides statistical information relating to crimes involving: (a) Domestic violence; (b) Child abuse; (c) Childhood sexual assault or abuse as defined in KRS 413.249; (d) Victimization of the elderly, including but not limited to elder abuse, neglect, and exploitation and other crimes against the el derly; or (e) Any other particular area of criminal activity deemed by the secretary to require research as to its frequency; and (2) Promulgate administrative regulations in accordance with KRS Chapter 13A to provide that the information required in KRS 209A.122 be provided to the Criminal Justice Statistical Analysis Center. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 49, sec. 3, effective July 15, 2026. -- Amended 2024 Ky. Acts ch. 106, sec. 1, effective July 15, 2024. -- Amended 2023 Ky. Acts ch. 153, sec. 2, effective June 29, 2023. -- Amended 2022 Ky. Acts ch. 224, sec. 2, effective July 14, 2022. -- Amended 2007 Ky. Acts ch. 85, sec. 47, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 99, sec. 86, effective June 20, 2005; and ch. 132, sec. 13, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 71, effective July 15, 1998. -- Created 1978 Ky. Acts ch. 367, sec. 1, effective June 17, 1978. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, A, 8, (1) at 2054.

KRS 15A.195 Prohibition against racial profiling -- Model policy -- Local law enforcement agencies' policies

15A.195. Prohibition against racial profiling -- Model policy -- Local law enforcement agencies' policies (1) No state law enforcement agency or official shall stop, detain, or search any person when such action is solely motivated by consideration of race, color, or ethnicity, and the action would constitute a violation of the civil rights of the person. (2) The secretary of the Justice and Public Safety Cabinet, in consultation with the Kentucky Law Enforcement Council, the Attorney General, the Department of Criminal Justice Training, the secretary of the Transportation Cabinet, the Department of Kentucky State Police, the secretary of the Energy and Environment Cabinet, and the secretary of the Public Protection Cabinet, shall design and implement a model policy to prohibit racial profiling by state law enforcement agencies and officials. (3) The Kentucky Law Enforcement Council shall disseminate the established model policy against racial profiling to all sheriffs and local law enforcement officials, including local police departments, city councils, and fiscal courts. All local law enforcement agencies and sheriffs' departments are urged to implement a written policy against racial profiling or adopt the model policy against racial profiling as established by the secretary of the Justice and Public Safety Cabinet within one hundred eighty (180) days of dissemination of the model policy. A copy of any implemented or adopted policy against racial profiling shall be filed with the Kentucky Law Enforcement Council and the Kentucky Law Enforcement Foundation Program Fund. (4) (a) Each local law enforcement agency that participates in the Kentucky Law Enforcement Foundation Program fund under KRS 15.420 in the Commonwealth shall implement a policy banning the practice of racial profiling that meets or exceeds the requirements of the model policy disseminated under subsection (3) of this section. The local law enforcement agency's policy shall be submitted by the local law enforcement agency to the secretary of the Justice and Public Safety Cabinet within one hundred eighty (180) days of dissemination of the model policy by the Kentucky Law Enforcement Council under subsection (3) of this section. If the local law enforcement agency fails to submit its policy within one hundred eighty (180) days of dissemination of the model policy, or the secretary rejects a policy submitted within the one hundred and eighty (180) days, that agency shall not receive Kentucky Law Enforcement Foundation Program funding until the secretary approves a policy submitted by the agency. (b) If the secretary of the Justice and Public Safety Cabinet approves a local law enforcement agency's policy, the agency shall not change its policy without obtaining approval of the new policy from the secretary of the Justice and Public Safety Cabinet. If the agency changes its policy without obtaining the secretary's approval, the agency shall not receive Kentucky Law Enforcement Foundation Program funding until the secretary approves a policy submitted by the agency. (5) Each local law enforcement agency shall adopt an administrative action for officers found not in compliance with the agency's policy. The administrative action shall be in accordance with other penalties enforced by the agency's administration for similar officer misconduct. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 19, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 85, sec. 48, effective June 26, 2007. -- Created 2001 Ky. Acts ch. 158, sec. 1, effective June 21, 2001.

KRS 15A.197 Justice and Public Safety Cabinet may provide state personnel, property, and resources to Trooper Island, the Kentucky State Police Foundation, and the Kentucky Law Enforcement Memorial Foundation

15A.197. Justice and Public Safety Cabinet may provide state personnel, property, and resources to Trooper Island, the Kentucky State Police Foundation, and the Kentucky Law Enforcement Memorial Foundation The Justice and Public Safety Cabinet and its agencies may provide state personnel, state property, and state resources to Trooper Island Incorporated, the Kentucky State Police Foundation, and the Kentucky Law Enforcement Memorial Foundation. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 123, sec. 1, effective June 27, 2019. -- Amended 2017 Ky. Acts ch. 186, sec. 1, effective April 11, 2017. -- Amended 2007 Ky. Acts ch. 85, sec. 49, effective June 26, 2007. -- Created 2002 Ky. Acts ch. 290, sec. 3, effective April 9, 2002.

KRS 15A.200 Definitions for KRS 15A.210 to 15A.240 and KRS 15A.990

15A.200. Definitions for KRS 15A.210 to 15A.240 and KRS 15A.990 As used in KRS 15A.210 to 15A.240 and KRS 15A.990: (1) "Certified juvenile facility staff" means individuals who meet the qualifications of, and who have completed a course of education and training developed and approved by, the Department of Juvenile Justice; (2) "Secure juvenile detention facility" means any facility used for the secure detention of children other than a jail, police station, lockup, or any building which is a part of or attached to any facility in which adult prisoners are confined or which shares staff with a facility in which adult prisoners are confined; (3) "Youth alternative center" means a nonsecure facility, approved by the Department of Juvenile Justice, for the nonsecure detention of juveniles; and (4) The term "facility" or "facilities" as used in KRS 15A.210 to 15A.240 shall mean the facilities defined in this section. Effective: July 15, 2014 History: Amended 2014 Ky. Acts ch. 132, sec. 8, effective July 15, 2014. -- Amended 2002 Ky. Acts ch. 257, sec. 2, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 534, sec. 4, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 426, sec. 72, effective July 15, 1998; and ch. 443, sec. 1, effective July 15, 1998. -- Amended 1988 Ky. Acts ch. 350, sec. 130, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 172, effective July 1, 1987. Legislative Research Commission Note (7/15/98). This statute has been amended by 1998 Ky. Acts ch. 443 (making a substantive nonrevisory change) and ch. 426 (which made a name change due to reorganization and is revisory in nature). The nonrevisory change prevails. KRS 7.136(3). Legislative Research Commission Note. Acts 1986, ch. 423, § 199 provides: "KRS 446.250 to 446.320 to the contrary notwithstanding, Acts 1986, ch. 423 shall prevail in the event of a conflict between Acts 1986, ch. 423 and other Acts passed by the 1986 Regular Session of the General Assembly."

KRS 15A.210 Administrative regulations governing secure juvenile detention facilities

15A.210. Administrative regulations governing secure juvenile detention facilities (1) The Department of Juvenile Justice shall promulgate and enforce administrative regulations to govern at least the following aspects of the operation of facilities: (a) Administration; (b) Personnel; (c) Training and staff development; (d) Recordkeeping; (e) Physical plant; (f) Security and control; (g) Safety and emergency procedures; (h) Sanitation and hygiene; (i) Medical and health services; (j) Food services; (k) Intake and classification; (l) Programs and services; (m) Residents' rights; (n) Rules and discipline; (o) Admission procedures; (p) Communication, including mail, visitation, and telephone; (q) Release preparation and transfer programs; (r) Volunteer involvement; (s) Transfers; (t) Reimbursement rates and conditions; and (u) Detention facility rate increases. (2) Administrative regulations promulgated under this section shall specifically identify new requirements of the law which increase the cost of operating a juvenile facility not operated by the Department of Juvenile Justice. The administrative regulations shall identify the amount and source of funding for compliance with the new requirements. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 257, sec. 3, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 443, sec. 2, effective July 15, 1998. -- Amended 1988 Ky. Acts ch. 350, sec. 131, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 173, effective July 1, 1987.

KRS 15A.220 Requirements for secure juvenile detention facilities -- Decertification

15A.220. Requirements for secure juvenile detention facilities -- Decertification (1) Each person or organization operating a facility shall register with the Department of Juvenile Justice and shall comply with the regulations issued pursuant to KRS 15A.210. (2) Each organization operating or seeking to operate or expand a facility shall: (a) Apply to the Department of Juvenile Justice in a period of time set by administrative regulation prior to the scheduled opening of the facility; (b) Permit inspection of the facility by the Department of Juvenile Justice not less than thirty (30) days prior to the scheduled opening of the facility; and (c) Supply to the Department of Juvenile Justice not less than thirty (30) days prior to the scheduled opening of the facility all data, plans, and other materials required by the Department of Juvenile Justice. (3) No facility shall operate except with the approval of the Department of Juvenile Justice. (4) The Department of Juvenile Justice shall have the authority, upon thirty (30) days' written notice to the county judge/executive and jailer of any county that operates a juvenile detention facility and is located within an area served by a state-operated juvenile detention facility, to decertify any juvenile detention facility and that facility shall, at the expiration of the thirty (30) day period, cease detaining juveniles. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 257, sec. 4, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 443, sec. 3, effective July 15, 1998. -- Amended 1988 Ky. Acts ch. 350, sec. 132, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 174, effective July 1, 1987.

KRS 15A.230 Inspection and reporting of secure juvenile detention facilities

15A.230. Inspection and reporting of secure juvenile detention facilities (1) The Department of Juvenile Justice shall inspect, at least annually, each registered facility to assure its compliance with administrative regulations. (2) The Department of Juvenile Justice may require reports and other data at least annually from each facility. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 257, sec. 5, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 443, sec. 4, effective July 15, 1998. -- Amended 1988 Ky. Acts ch. 350, sec. 133, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 175, effective July 1, 1987.

KRS 15A.240 Enforcement by Department of Juvenile Justice

15A.240. Enforcement by Department of Juvenile Justice (1) The Department of Juvenile Justice shall enforce the provisions of KRS 15A.210 to 15A.230 and the administrative regulations issued thereunder. (2) The Department of Juvenile Justice may institute legal proceedings including but not limited to injunctive remedies to secure compliance with the provisions of KRS 15A.210 to 15A.230. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 443, sec. 5, effective July 15, 1998. -- Created 1986 Ky. Acts ch. 423, sec. 176, effective July 1, 1987.

KRS 15A.245 Repealed, 2002

15A.245. Repealed, 2002 Catchline at repeal: Detention Facility Standards Committee -- Membership. History: Repealed 2002 Ky. Acts ch. 257, sec. 21, effective July 15, 2002. - Created 1998 Ky. Acts ch. 443, sec. 28, effective July 15, 1998.

KRS 15A.250 Repealed, 2002

15A.250. Repealed, 2002 Catchline at repeal: Local alternatives to detention fund. History: Repealed 2002 Ky. Acts ch. 257, sec. 21, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 443, sec. 6, effective July 15, 1998. -- Created 1986 Ky. Acts ch. 423, sec. 178, effective July 1, 1987.

KRS 15A.260 Repealed, 2002

15A.260. Repealed, 2002 Catchline at repeal: Use of fund. History: Repealed 2002 Ky. Acts ch. 257, sec. 21, effective July 15, 2002. -- Amended 1988 Ky. Acts ch. 350, sec. 134, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 179, effective July 1, 1987.

KRS 15A.270 Administrative regulations governing fund -- Hearings

15A.270. Administrative regulations governing fund -- Hearings (1) The Department of Juvenile Justice shall promulgate and enforce administrative regulations to govern at least the following aspects of the operation of the local alternatives-to-detention fund: (a) Application procedures, including granting and denying applications; (b) Program and funding restrictions; (c) Program and funding reports; (d) Termination of programs; and (e) Other related matters. (2) Administrative hearings promulgated by administrative regulation under authority of this section shall be conducted in accordance with KRS Chapter 13B. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 443, sec. 7, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 318, sec. 18, effective July 15, 1996. -- Amended 1988 Ky. Acts ch. 350, sec. 135, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 180, effective July 1, 1987.

KRS 15A.300 Local juvenile delinquency prevention council -- Duties -- Administrative regulations

15A.300. Local juvenile delinquency prevention council -- Duties -- Administrative regulations (1) The Department of Juvenile Justice or a local organization approved by the Department of Juvenile Justice may form local juvenile delinquency prevention councils for the purpose of encouraging the initiation of, or supporting ongoing, interagency cooperation and collaboration in addressing juvenile crime and juvenile status offenses. (2) The membership of the local council shall be determined by the Department of Juvenile Justice and shall include representatives of law enforcement, the school system, the Department for Community Based Services, the Court of Justice, the Commonwealth's attorney, the county attorney, a representative of a county juvenile detention facility, and the Department of Public Advocacy. The members of the council shall be appointed as provided by the department by administrative regulation and shall be appointed for not longer than four (4) years, but members may be reappointed for a successive term. A member of the council shall receive no salary for service as a member of the council but may be reimbursed for expenses in the same manner as a state employee. (3) The duties and responsibilities of a juvenile delinquency prevention council shall include but not be limited to: (a) Developing a local juvenile justice plan based upon utilization of the resources of law enforcement, the school system, the Department of Juvenile Justice, the Department for Community Based Services, the Administrative Office of the Courts, and others in a cooperative and collaborative manner to prevent or discourage juvenile delinquency and to develop meaningful alternatives to incarceration; (b) Entering into a written local interagency agreement specifying the nature and extent of contributions that each signatory agency will make in achieving the goals of the local juvenile justice plan; (c) Sharing of information as authorized by law to carry out the interagency agreements; (d) Applying for and receiving public or private grants to be administered by one (1) of the participating cities or counties or other public agencies; and (e) Providing a forum for the presentation of interagency recommendations and the resolution of disagreements relating to the contents of the interagency agreement or the performance by the parties of their respective obligations under the agreement. (4) Training of council members shall be the responsibility of the department. (5) The Department of Juvenile Justice may provide grants to the councils to establish or enhance prevention programs. (6) To assist in the development of a local juvenile delinquency prevention plan, juvenile delinquency prevention councils shall be entitled to request and receive statistical information and aggregate data not descriptive of any readily identifiable person from any public agency, as defined in KRS 61.870. (a) A request for statistical information and aggregate data from the juvenile delinquency prevention council shall be in writing and signed by the chairperson of the council, and shall include a statement of why the information is being requested, why it is needed, and how it will be used by the council. (b) Any public agency receiving a written request from the chairperson of a juvenile delinquency prevention council for aggregate data or statistical information shall provide the requested information or respond to the council stating reasons why the requested information cannot be provided, within thirty (30) days of receiving the request. (7) The department shall promulgate administrative regulations in accordance with KRS Chapter 13A that relate to: (a) The formation of councils; (b) The operation of councils; (c) The duties of councils; and (d) The administration and operation of the grant program. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 167, sec. 5, effective June 29, 2017. -- Amended 2002 Ky. Acts ch. 257, sec. 6, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 14, sec. 4, effective July 14, 2000. -- Created 1998 Ky. Acts ch. 606, sec. 1, effective July 15, 1998.

KRS 15A.305 Statewide detention program -- Alternatives to secure detention -- Notification system -- Per diem charge to lodge juveniles in state -owned or contracted preadjudication facilities -- Fiscal court approval before state takeover, purchase, or control -- Provision of mental health services to detained youth

15A.305. Statewide detention program -- Alternatives to secure detention -- Notification system -- Per diem charge to lodge juveniles in state -owned or contracted preadjudication facilities -- Fiscal court approval before state takeover, purchase, or control -- Provision of mental health services to detained youth (1) The Department of Juvenile Justice shall develop and administer a statewide detention program and, as each regional facility is constructed and ready for occupancy, shall provide for: (a) The operation of preadjudication detention facilities for children charged with public offenses; and (b) The operation of postadjudication detention facilities for children adjudicated delinquent or found guilty of public offenses. (2) In each region in which the Department of Juvenile Justice operates or contracts for the operation of a detention facility, the department shall develop and administer a program for alternatives to secure detention that shall provide for: (a) The operation of or contracting for the operation of preadjudication alternatives to secure detention and follow-up programs for juveniles who are before the court or who enter pretrial diversion or informal adjustment programs; and (b) The operation of or contracting for the operation of postadjudication alternatives to secure detention and follow-up programs, including but not limited to community-based programs, mentoring, counseling, and other programs designed to limit the unnecessary use of secure detention and ensure public safety. (3) The department shall develop and implement a system to immediately notify the Cabinet for Health and Family Services when a status offender or child alleged to be a status offender has been detained for the alleged violation of a valid court order. (4) The department may, except as provided in KRS 635.060, charge counties, consolidated local governments, and urban -county governments a per diem not to exceed ninety-four dollars ($94) for lodging juveniles in state -owned or contracted facilities. (5) Detention rates charged by contracting detention facilities shall not exceed the rate in effect on July 1, 1997, subject to increases approved by the department. (6) No juvenile detention facility, as defined in KRS 15A.200, shall be taken over, purchased, or leased by the Commonwealth without prior approval of the fiscal court upon consultation with the jailer in the county where the facility is located. The county, upon consultation with the jailer, may enter into contracts with the Commonwealth for the holding, detention, and transportation of juveniles. (7) The Department of Juvenile Justice shall enter into sufficient contracts to ensure the availability of institutional treatment for children with severe emotional disturbance or mental illness as soon as practicable. (8) The Department of Juvenile Justice shall, for any facility operated pursuant to subsection (1) of this section, require that the facility: (a) Provide children in crisis who are residing in a juvenile detention facility access to a mental health professional whose communications with the child are privileged under the Kentucky Rules of Evidence; (b) Conduct monthly documented training related to emergency response; (c) Ensure that appropriate staff working with detained youth have controlled access to, and are properly trained in the use of, appropriate defensive equipment comparable to that utilized by the Department of Corrections, including tasers, pepper spray, and shields; (d) Establish a specially trained emergency response team within each juvenile detention center and youth development center which shall be trained in tactics related to detention facilities and engage in monthly drills as part of emergency response training; (e) Enter into a memorandum of understanding with local law enforcement for emergency response and include these agencies in emergency response trainings; (f) Be equipped with an alarm that directly communicates an emergency situation to the local dispatch center; and (g) Promulgate administrative regulations in accordance with KRS Chapter 13A to implement this subsection. Effective: March 27, 2023 History: Amended 2023 Ky. Acts ch. 106, sec. 4, effective March 27, 2023. -- Amended 2014 Ky. Acts ch. 132, sec. 9, effective July 1, 2015. -- Amended 2008 Ky. Acts ch. 87, sec. 13, effective July 15, 2008. -- Amended 2002 Ky. Acts ch. 257, sec. 7, effective July 15, 2002; and ch. 346, sec. 6, effective July 15, 2002. -- Created 1998 Ky. Acts ch. 606, sec. 2, effective July 15, 1998.

KRS 15A.310 Juvenile data elements for centralized criminal history record information system -- Access

15A.310. Juvenile data elements for centralized criminal history record information system -- Access (1) The Department of Juvenile Justice, the Cabinet for Health and Family Services, the Department of Corrections, the Administrative Office of the Courts, and the Department of Kentucky State Police shall be responsible for the recording of those data elements for juveniles that are needed for the development of the centralized criminal history record information system. (2) The database shall at a minimum contain the information required in KRS 27A.310 to 27A.440. (3) The Department of Juvenile Justice shall provide access to Commonwealth's attorneys, county attorneys, law enforcement agencies, the Department of Kentucky State Police, the Department of Corrections, the Cabinet for Health and Family Services, and the Administrative Office of the Courts to its database. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 85, sec. 50, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 99, sec. 87, effective June 20, 2005. -- Created 1998 Ky. Acts ch. 606, sec. 7, effective July 15, 1998.

KRS 15A.312 Database update by Department of Juvenile Justice

15A.312. Database update by Department of Juvenile Justice The Department of Juvenile Justice shall update its database within thirty (30) days of receipt of information. The update shall include information from the: (1) Offender records; (2) Institutional records; and (3) Administrative records. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 606, sec. 8, effective July 15, 1998.

KRS 15A.314 Renumbered as KRS 194A.360

KRS 15A.320 Youth alternative centers

15A.320. Youth alternative centers (1) Any county, urban-county, or charter county may apply to the Department of Juvenile Justice to construct, operate, or contract for the operation of a youth alternative center. (2) The youth alternative center shall be a nonsecure facility and shall be under the jurisdiction of that governing body, subject to the provisions of this chapter. (3) The youth alternative center shall be used only for the detention of juveniles. The youth alternative center shall not be part of a county jail or other facility that houses adult offenders. (4) The youth alternative center may be used as a place of detention for juveniles by order of a court prior to adjudication and after adjudication regardless of whether the child is a status offender, public offender, or youthful offender. Effective: July 14, 2000 History: Created 2000 Ky. Acts ch. 534, sec. 1, effective July 14, 2000.

KRS 15A.340 Kentucky Agency for Substance Abuse Policy (KY-ASAP) -- Organization -- Purpose -- Oversight by Office of Drug Control Policy -- Members of KY- ASAP Board -- Duties of board

15A.340. Kentucky Agency for Substance Abuse Policy (KY-ASAP) -- Organization -- Purpose -- Oversight by Office of Drug Control Policy -- Members of KY- ASAP Board -- Duties of board (1) As used in this section and KRS 15A.342 and 15A.344, "KY-ASAP" means the Kentucky Agency for Substance Abuse Policy. (2) The Office of Drug Control Policy shall administer an endowment from interest generated through funds appropriated or gifts, donations, or funds received from any source. The Office of Drug Control Policy may expend endowment principal, if necessary in its discretion, to carry out the purposes of this section and KRS 15A.342 and 15A.344. These expenditures from the endowment principal are hereby appropriated for this purpose. (3) (a) The Office of Drug Control Policy shall oversee the activities specified in this section and KRS 15A.342 and 15A.344 and provide administrative support to the seventeen (17) member KY-ASAP Board, which is created to oversee the activities of KY-ASAP. Membership of the board shall be appointed by the Governor and shall consist of the following: 1. One (1) member representing the Kentucky Family Resource Youth Services Coalition, or a designee; 2. One (1) member representing the Kentucky Health Department Association, or a designee; 3. The secretary of the Cabinet for Health and Family Services, or designee; 4. The secretary of the Justice and Public Safety Cabinet, or a designee; 5. One (1) member representing the Division of Behavioral Health within the Department for Behavioral Health, Developmental and Intellectual Disabilities, Cabinet for Health and Family Services, or a designee; 6. The commissioner of the Department for Public Health, Cabinet for Health and Family Services, or a designee; 7. The commissioner of the Department of Alcoholic Beverage Control, or a designee; 8. The commissioner of the Department of Education; 9. The director of the Administrative Office of the Courts, or a designee; 10. One (1) member representing the Kentucky Association of Regional Programs, or a designee; 11. One (1) member representing the Kentucky Heart Association, or a designee; 12. One (1) member representing the Kentucky Lung Association, or a designee; 13. One (1) member representing the Kentucky Cancer Society, or a designee; 14. Two (2) members representing local tobacco addiction and substance abuse advisory and coordination boards; and 15. Two (2) members representing private community-based organizations, whether for-profit or nonprofit, with experience in programs involving smoking cessation or prevention or alcohol or substance abuse prevention and treatment. (b) Members shall serve for a term of four (4) years, may be reappointed, and may serve no more than two (2) consecutive terms. Members shall not be compensated but shall receive reimbursement for expenses incurred while performing board business. (c) The board shall meet at least quarterly. A quorum of nine (9) members shall be required for the transaction of business. Meetings shall be held at the call of the chair, or upon the written request of two (2) members to the chair. (d) The board shall: 1. Oversee deposits and expenditures from the endowment; 2. Request, in its discretion, an audit relating to the expenditure of endowment funds; 3. Receive quarterly reports from the commissioner of the Department of Alcoholic Beverage Control regarding KY-ASAP's activities; 4. Progress toward development and implementation of the strategic plan; 5. Recommend to KY-ASAP the most efficient means for using public funds to coordinate, supplement, and support high quality and ongoing programs of all public agencies and private service providers related to smoking cessation and prevention and alcohol and substance abuse prevention and treatment; 6. Recommend matters for review and analysis by KY-ASAP; and 7. Perform other duties as necessary for the oversight of KY-ASAP. (4) The Office of Drug Control Policy and KY-ASAP shall promote the implementation of research-based strategies that target Kentucky's youth and adult populations. (5) The Office of Drug Control Policy and KY-ASAP shall vigorously pursue the philosophy that tobacco in the hands of Kentucky's youth is a drug abuse problem because of the addictive qualities of nicotine, and because tobacco is the most prevalent gateway drug that leads to later and escalated drug and alcohol abuse. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 3, effective July 12, 2012; and ch. 158, sec. 5, effective July 12, 2012. -- Amended 2010 Ky. Acts ch. 24, sec. 20, effective July 15, 2010. -- Repealed, reenacted, and amended 2007 Ky. Acts ch. 85, sec. 10, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 99, sec. 10, effective June 20, 2005. -- Created 2000 Ky. Acts ch. 536, sec. 25, effective July 14, 2000. Legislative Research Commission Note (7/12/2012). This statute was amended by 2012 Ky. Acts chs. 146 and 158, which do not appear to be in conflict and have been codified together. Formerly codified as KRS 12.330.

KRS 15A.342 Duties of Office of Drug Control Policy and KY-ASAP -- Authority for administrative regulations -- Reports

15A.342. Duties of Office of Drug Control Policy and KY-ASAP -- Authority for administrative regulations -- Reports The Office of Drug Control Policy shall be responsible for all matters relating to the research, coordination, and execution of drug control policy and for the management of state and federal grants, including but not limited to the prevention and treatment related to substance abuse. By December 31 of each year, the Office of Drug Control Policy shall review, approve, and coordinate all current projects of any substance abuse program which is conducted by or receives funding through agencies of the executive branch. This oversight shall extend to all substance abuse programs which are principally related to the prevention or treatment, or otherwise targeted at the reduction, of substance abuse in the Commonwealth. The Office of Drug Control Policy shall promulgate administrative regulations consistent with enforcing this oversight authority. In addition, the Office of Drug Control Policy and KY-ASAP shall: (1) Develop a strategic plan to reduce the prevalence of smoking and drug and alcohol abuse among both the youth and adult populations in Kentucky; (2) Monitor the data and issues related to youth alcohol and tobacco access, smoking cessation and prevention, and substance abuse policies, their impact on state and local programs, and their flexibility to adapt to the needs of local communities and service providers; (3) Make policy recommendations to be followed to the extent permitted by budgetary restrictions and federal law, by executive branch agencies that work with smoking cessation and prevention and alcohol and substance abuse issues to ensure the greatest efficiency in agencies and to ensure that a consistency in philosophy will be applied to all efforts undertaken by the administration in initiatives related to smoking cessation and prevention and alcohol and substance abuse; (4) Identify existing resources in each community that advocate or implement programs for smoking cessation or prevention, or drug and alcohol abuse prevention, education, or treatment; (5) Encourage coordination among public and private, state and local, agencies, organizations, and service providers, and monitor related programs; (6) Act as the referral source of information, utilizing existing information clearinghouse resources within the Department for Public Health and CHAMPIONS for a Drug Free Kentucky Office, relating to youth tobacco access, smoking cessation and prevention, and substance abuse prevention, cessation, and treatment programs. The Office of Drug Control Policy and KY-ASAP shall identify gaps in information referral sources; (7) Search for grant opportunities for existing programs within the Commonwealth; (8) Make recommendations to state and local agencies and local tobacco addiction and substance abuse advisory and coordination boards; (9) Observe programs from other states; (10) Coordinate services among local and state agencies, including but not limited to the Justice and Public Safety Cabinet, the Cabinet for Health and Family Services, the Department of Agriculture, the Public Protection Cabinet, the Administrative Office of the Courts, and the Education and Labor Cabinet; (11) Ensure the availability of training, technical assistance, and consultation to local service providers for programs funded by the Commonwealth that provide services related to tobacco addiction, smoking cessation or prevention, or alcohol or substance abuse; (12) Review existing research on programs related to smoking cessation and prevention and substance abuse prevention and treatment; (13) Comply with any federal mandate regarding smoking cessation and prevention and substance abuse, to the extent authorized by state statute; (14) Establish a mechanism to coordinate the distribution of funds to support any local prevention, treatment, and education program based on the strategic plan developed in subsection (1) of this section that could encourage smoking cessation and prevention through efficient, effective, and research-based strategies; (15) Oversee a school-based initiative that links schools with community-based agencies and health departments to implement School Programs to Prevent Tobacco Use, based upon the model recommended by the Centers for Disease Control and Prevention. To the extent permitted by resources, the initiative shall involve input by and services from each of the family resource and youth services centers, regional prevention centers, and existing school-based antidrug programs; (16) Work with community-based organizations to encourage them to work together to establish comprehensive tobacco addiction and substance abuse prevention education programs and carry out the strategic plan developed in this section. These organizations shall be encouraged to partner with district and local health departments and community mental health centers to plan and implement interventions to reach youths before tobacco addiction and substance abuse become a problem in their lives; (17) Coordinate media campaigns designed to demonstrate the negative impact of smoking and the increased risk of tobacco addiction, substance abuse, and the development of other disease in children, young people, and adults. To accomplish this objective, KY-ASAP shall work with local media to reach all segments of the community quickly and efficiently; (18) Certify to the Governor, the secretary of the Justice and Public Safety Cabinet, and the General Assembly during the budget request process established under KRS Chapter 48 the extent to which each entity receiving state funds has cooperated with the Office of Drug Control Policy and KY-ASAP, coordinated with community resources, and vigorously pursued the philosophy of the Office of Drug Control Policy and KY-ASAP; (19) Promulgate, with the approval of the secretary of the Justice and Public Safety Cabinet, any administrative regulations necessary to implement this section and KRS 15A.340 and 15A.344; and (20) Report annually to the Legislative Research Commission and Governor regarding the proper organization of state government agencies that will provide the greatest coordination of services, and report semiannually to the Legislative Research Commission and Governor on the status of the Office of Drug Control Policy and KY-ASAP programs, services, and grants, and on other matters as requested by the Legislative Research Commission and Governor. Effective:July 1, 2022 History: Amended 2022 Ky. Acts ch. 236, sec. 15, effective July 1, 2022. -- Amended 2010 Ky. Acts ch. 24, sec. 21, effective July 15, 2010. -- Amended 2009 Ky. Acts ch. 11, sec. 7, effective June 25, 2009. -- Repealed, reenacted, and amended 2007 Ky. Acts ch. 85, sec. 11, effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 211, sec. 6, effective July 12, 2006. -- Amended 2005 Ky. Acts ch. 99, sec. 11, effective June 20, 2005. -- Created 2000 Ky. Acts ch. 536, sec. 26, effective July 14, 2000. Formerly codified as KRS 12.332.

KRS 15A.344 County tobacco addiction and alcohol and substance abuse advisory and coordination boards -- Role of KY-ASAP -- Local long-term community strategy

15A.344. County tobacco addiction and alcohol and substance abuse advisory and coordination boards -- Role of KY-ASAP -- Local long-term community strategy (1) KY-ASAP shall establish in each county a local tobacco addiction and alcohol and substance abuse advisory and coordination board to assist in planning, overseeing, and coordinating the implementation of local programs related to smoking cessation and prevention and alcohol and substance abuse prevention, cessation, and treatment, although a single board may be established for multiple counties to ensure a comprehensive range of services. The board shall assist with the coordination of programs provided by public and private entities. If the existing programs of private service providers are of high quality, KY-ASAP shall concentrate on providing missing elements and support for those providers. The Cabinet for Health and Family Services shall support the communities' efforts. (2) KY-ASAP shall consult with community leaders to solicit the names of residents from the community to serve on each advisory and coordination board. KY-ASAP shall request from each board the submission of reasonable reports on the effectiveness, efficiency, and efforts of each local program, including recommendations for increased or decreased funding, and KY-ASAP shall supply information as necessary to the advisory and coordination board to enable it to carry out its functions. (3) KY-ASAP shall provide incentives to encourage multicounty advisory and coordination board requests and shall establish a single board to represent all counties making the request. Priority in establishing a board shall be given to existing regional prevention centers or coalitions, community organizations, or local Kentucky Incentives for Prevention (KIP) project coalitions. Membership shall consist of residents from each of the counties. (4) Each advisory and coordination board shall develop a long-term community strategy that is designed to reduce the incidence of youth and young adult smoking and tobacco addiction, promote resistance to smoking, reduce the incidence of substance abuse, and promote effective treatment of substance abuse. All county resources, both private and public, for-profit and nonprofit, shall be considered in developing this strategy. (a) Employers, local leaders, schools, family resource and youth services centers, health care providers and institutions, economic developers, and other relevant local and regional entities shall be consulted in the development of the strategy. (b) An assessment of needs and available services shall be included in the strategy. Effective: June 26, 2007 History: Repealed and reenacted 2007 Ky. Acts ch. 85, sec. 12, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 99, sec. 75, effective June 20, 2005. -- Created 2000 Ky. Acts ch. 536, sec. 27, effective July 14, 2000. Formerly codified as KRS 12.334.

KRS 15A.350 Renumbered as KRS 176.5061

KRS 15A.352 Renumbered as KRS 176.5062

KRS 15A.354 Renumbered as KRS 176.5063

KRS 15A.356 Renumbered as KRS 176.5064

KRS 15A.358 Renumbered as KRS 176.5065

KRS 15A.360 Renumbered as KRS 176.5066

KRS 15A.362 Renumbered as KRS 176.5067

KRS 15A.364 Renumbered as KRS 176.5068

KRS 15A.366 Renumbered as KRS 176.5069

KRS 15A.370 Repealed, 2009

15A.370. Repealed, 2009 Catchline at repeal: Department of Kentucky Vehicle Enforcement -- Employees may be commissioned as peace officers -- Enforcement powers -- Divisions in department. History: Repealed 2009 Ky. Acts ch. 75, sec. 22, effective June 25, 2009. -- Repealed, reenacted, and amended 2007 Ky. Acts ch. 85, sec. 281, effective June 26, 2007. -- Amended 1980 Ky. Acts ch. 295, sec. 97, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 305, sec. 2, effective June 21, 1974. -- Amended 1956 (2nd Extra. Sess.) Ky. Acts ch. 7, sec. 6, effective March 29, 1956. -- Created 1950 Ky. Acts ch. 63, sec. 41, effective June 15, 1950. Formerly codified as KRS 281.770.

KRS 15A.371 Repealed, 2009

15A.371. Repealed, 2009 Catchline at repeal: Charges against commissioned employees -- Procedure -- Hearing. History: Repealed 2009 Ky. Acts ch. 75, sec. 22, effective June 25, 2009. -- Repealed, reenacted, and amended 2007 Ky. Acts ch. 85, sec. 282, effective June 26, 2007. -- Amended 1996 Ky. Acts ch. 318, sec. 204, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 317, sec. 2, effective July 15, 1994. Formerly codified as KRS 281.771.

KRS 15A.372 Repealed, 2009

15A.372. Repealed, 2009 Catchline at repeal: Trial board for hearings on charges against commissioned employees -- Right to hearing -- Appeals. History: Repealed 2009 Ky. Acts ch. 75, sec. 22, effective June 25, 2009. -- Repealed, reenacted, and amended 2007 Ky. Acts ch. 85, sec. 283, effective June 26, 2007. -- Amended 1996 Ky. Acts ch. 318, sec. 205, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 317, sec. 3, effective July 15, 1994. Formerly codified as KRS 281.772.

KRS 15A.0651 Access to juvenile facility records -- When permitted -- Appeal of denial

15A.0651. Access to juvenile facility records -- When permitted -- Appeal of denial (1) As used in this section, "juvenile facility" means any facility wherein a juvenile or other person under the authority of the Department of Juvenile Justice is confined. (2) KRS 61.870 to 61.884 to the contrary notwithstanding, a person shall not have access to a record if its disclosure is deemed by the commissioner of the Department of Juvenile Justice or his or her designee to constitute a threat to the security of the juvenile, the juvenile facility, or any other person. (3) KRS 61.870 to 61.884 to the contrary notwithstanding, the department shall not be required to comply with a request for any record from any person confined in a juvenile facility or any individual on active supervision under the jurisdiction of the department, unless the request is for a record that contains a specific reference to the individual making the request. (4) KRS 61.870 to 61.884 to the contrary notwithstanding, if a person confined in a juvenile facility wishes to challenge a denial of a request to inspect a public record, he or she shall mail or otherwise send the appropriate documents to the Attorney General within twenty (20) days of the denial pursuant to the procedures set out in KRS 61.880(2) before an appeal can be filed in a Circuit Court. (5) KRS 61.870 to 61.884 to the contrary notwithstanding, all records relating to juvenile detention containing information expunged pursuant to law shall not be open to the public. (6) KRS 61.870 to 61.884 to the contrary notwithstanding, upon receipt of a request for a record, the department shall respond to the request within five (5) days after receipt of the request, excepting Saturdays, Sundays, and legal holidays, and shall state whether the record may be inspected or may not be inspected, or that the record is unavailable and when the record is expected to be available. (7) Nothing in this section shall authorize the department to deny any attorney representing a juvenile access to any record to which the attorney or the juvenile would otherwise be entitled. Effective: July 15, 2010 History: Created 2010 Ky. Acts ch. 74, sec. 1, effective July 15, 2010.

KRS 15A.0652 Juvenile justice administrative regulations

15A.0652. Juvenile justice administrative regulations The Department of Juvenile Justice shall promulgate administrative regulations that shall include: (1) Development or adoption of a validated risk and needs assessment that: (a) Considers factors such as the severity of the current offense, the child's previous public offense record, and the child's assessed criminal risk factors; (b) Is administered for all children adjudicated on a public offense prior to disposition and at regular intervals thereafter to determine risk levels and to identify intervention needs; and (c) Is implemented based on policies and practices for utilization of the assessment instrument to objectively guide placement and the length and type of treatment for each child committed to the department or probated to the department or other entity; (2) The provision of treatment for committed and probated children in accordance with evidence-based practices, including, at a minimum: (a) Development of a case plan for each child committed to the department or probated to the department that targets the risk factors identified in the assessment, is responsive to individual characteristics, involves the family as appropriate, provides supervision or monitoring of children according to their case plan, and establishes a treatment plan in accordance with subsection (3) of this section; and (b) Development and implementation of a graduated sanctions protocol of swift, certain, proportionate, and graduated sanctions that a probation officer or employee of the department shall apply in response to a child's violations of the terms or conditions of probation. The graduated sanctions protocol shall: 1. Include a continuum of sanctions that take into account factors such as the severity of the current violation, the child's previous criminal record, the number and severity of any previous probation violations, the child's assessed risk level, and the extent to which graduated sanctions were imposed for previous violations. The system shall also define positive reinforcements that the probated child may receive for compliance with his or her terms or conditions of probation. A sanction of up to thirty (30) days' out-of-home placement may be imposed for a violation of the terms of probation. A child shall not be committed or recommitted to the Department of Juvenile Justice for the violation of the conditions of probation; 2. Provide that judicial review for a probated youth, or an administrative hearing for a committed youth, shall not be necessary to impose graduated sanctions less than out-of-home placement; and 3. Require that less-restrictive graduated sanctions be utilized prior to requesting judicial review unless there is clear and convincing evidence that there are no graduated sanctions available that are appropriate for the child and the child is an immediate threat to himself, herself, or others; (3) Development and implementation of treatment plans for committed and probated children that: (a) Take into consideration the severity of the current offense and the child's assessed risk and needs as identified by a validated risk and needs assessment; (b) Involve the family in the treatment plan as appropriate; (c) Allow a child to complete treatment in the community if resources are available rather than in a secure or nonsecure facility; and (d) For committed children may include: 1. A maximum of four (4) months of out-of-home placement if the child was adjudicated for an offense that would be a misdemeanor if committed by an adult, other than a violation of KRS Chapter 510 or an offense involving a deadly weapon; 2. A maximum of eight (8) months of out-of-home placement if the child was adjudicated for an offense that would be a Class D felony if committed by an adult, other than a violation of KRS Chapter 510 or an offense involving a deadly weapon; and 3. A provision that if a child has reached the maximum time allowed in out-of-home placement, as specified in subparagraphs 1. and 2. of this paragraph and further out-of-home placement is determined to be necessary for completion of treatment, the child may be held for an additional period only upon approval of the Administrative Transfer Request Committee, or another appropriate entity within the department as designated by the commissioner of the department after review of the facts and circumstances warranting the need for continued out-of-home placement. If the commissioner approves continued out-of-home placement, the maximum time the placement may be continued is the maximum originally allowed under subparagraphs 1. and 2. of this paragraph and the total period of commitment shall not exceed that permitted under KRS 635.060; (4) Development and implementation of professional development programs for department staff who interact with or who are responsible for the treatment, supervision, or placement of children, that includes training on juvenile justice research relating to effectiveness of juvenile justice interventions, impacts of out-of- home placement, alternatives to incarceration, use of graduated sanctions, case planning, administration of a validated risk and needs assessment, and training to address specific issues such as domestic violence, trauma, and family engagement; (5) Development of procedures for measuring the outcomes of each treatment and intervention program and practice to demonstrate that the program or practice has a documented evidence base and has been evaluated for effectiveness in reducing recidivism for the children it serves, including: (a) A process for reviewing the objective criteria for evidence-based programs and practices established by the agency providing the program; (b) A process for auditing the effectiveness of the programs; and (c) An opportunity for programs that do not meet the criteria based on the audit results to develop and implement a corrective action plan within one hundred eighty (180) days of the audit; (6) Development of procedures to track juvenile recidivism, which shall include adjudication of a new public offense or conviction of a crime within three (3) years of release from an out-of-home placement or release from commitment, and collaboration with the Department of Corrections and the Administrative Office of the Courts to obtain adult conviction and incarceration information to enable collection of recidivism data; (7) Development of procedures to track the pre-adjudication and post-adjudication admissions beginning no later than August 1, 2014; and (8) Development of procedures to ensure maximum utilization of available federal funding resources which may be available to the agency. As used in this section, "evidence-based practices," "graduated sanction," "out-of-home placement," and "risk and needs assessment" have the same meanings as in KRS 600.020. Effective: July 15, 2014 History: Created 2014 Ky. Acts ch. 132, sec. 5, effective July 15, 2014. Legislative Research Commission Note (7/15/14). In subsection (3)(d)3. of this statute, the Reviser of Statutes has changed the words "paragraphs (a) and (b) of this subsection" to read "subparagraphs 1. and 2. of this paragraph." In an early version of the bill that created this statute (2014 Ky. Acts ch. 132, sec. 5), the phrase "paragraphs (a) and (b) of this subsection" was used in reference to language corresponding to the present subparagraphs 1. and 2. When the bill was redrafted before its final passage, the numbering of the paragraphs was changed, but the reference was inadvertently left unchanged. The Reviser of Statutes has made this correction under the authority of KRS 7.136(1).

KRS 15A.0653 Liability insurance for health care professionals employed by or serving department -- Authority of commissioner to purchase

15A.0653. Liability insurance for health care professionals employed by or serving department -- Authority of commissioner to purchase (1) The commissioner of the Department of Juvenile Justice may, with the approval of the Finance and Administration Cabinet, purchase liability insurance for the protection of health care professionals employed by or serving the department to protect them from liability for acts and claims of medical and professional malpractice arising in the course and scope of their employment or service to the department. (2) The commissioner may purchase the type and amount of liability coverage deemed appropriate to best serve the department's interest. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 443, sec. 9, effective July 15, 1998.

KRS 15A.0654 Earmarking of juvenile justice funding for evidence-based practices

15A.0654. Earmarking of juvenile justice funding for evidence-based practices (1) Beginning July 1, 2016, fifty percent (50%) of state moneys expended by the department on programs shall be for programs that are in accordance with evidence- based practices. (2) Beginning July 1, 2018, and thereafter, seventy-five percent (75%) of state moneys expended by the department on programs shall be for programs that are in accordance with evidence-based practices. Effective: July 15, 2014 History: Created 2014 Ky. Acts ch. 132, sec. 4, effective July 15, 2014.

KRS 15A.990 Penalty

15A.990. Penalty Any person who intentionally violates the provisions of KRS 15A.210 to 15A.230 or the administrative regulations issued thereunder shall be fined not less than five hundred dollars ($500) nor more than ten thousand dollars ($10,000). Each day of violation shall be a separate offense. Effective: April 10, 1988 History: Amended 1988 Ky. Acts ch. 350, sec. 136, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 177, effective July 1, 1987.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37113Fetched: 10/20/2026