Kentucky Administrative Regulations › Title 505 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF JUVENILE JUSTICE › Chapter 2 - Juvenile Detention Facilities › Section 505 KAR 2:120 - Rules and discipline

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 15A.210-15A.240
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15A.210 mandates that the Department of
				Juvenile Justice issue administrative regulations governing juvenile detention
				centers and juvenile holding facilities.
Section
			 1.
(1) All requirements in this
			 administrative regulation shall be applied with consideration for the range of
			 ages and maturity found in a juvenile detention facility in consideration of
			 the juveniles' social-emotional ages, which may vary more than their physical
			 ages.
(2) The facility shall adopt
			 written rules of juvenile conduct which specify acts prohibited within the
			 institution and penalties that may be imposed for various degrees of violation.
			 The written rules shall be reviewed annually and updated if necessary. The use
			 of tobacco products by juveniles shall be prohibited.
(3) A rulebook that contains all chargeable
			 offenses, ranges of penalties and disciplinary procedures shall be posted in a
			 conspicuous and accessible area; a copy shall be made available to each
			 juvenile and staff member, and shall be translated into those languages spoken
			 by significant numbers of juveniles. When a literacy or language problem
			 prevents a juvenile from understanding the rulebook, a staff member or
			 translator shall assist the juvenile in understanding the rules.
(4) All personnel who deal with juveniles
			 shall receive in-service training so that they shall be thoroughly familiar
			 with the rules of juvenile conduct, the sanctions available, and the rationale
			 for the rules.
(5) There shall be
			 written guidelines for informally resolving minor juvenile
			 misbehavior.
(6) The facility shall
			 adopt and enforce written policies and procedures which:
(a) Specify that room restriction for minor
			 misbehavior serves only a "cooling off" purpose, shall be short in time
			 duration, with the time period - fifteen (15) minutes to sixty (60) minutes
			 -specified at the time of assignment;
(b) Require that prior to room restriction,
			 juveniles have the reasons for the restriction explained to them and have an
			 opportunity to explain the behavior leading to the restriction;
(c) Require that employees prepare an
			 incident report where they have a reasonable belief that a juvenile has
			 committed a major violation of facility rules or reportable minor violations.
			 Incident reports prepared by staff members shall include, but are not limited
			 to, the following information:
1. Specific
			 rules violated;
2. A formal
			 statement of the event;
3. An
			 explanation of the event, which should include who was involved, what
			 transpired, and the time and location of occurrence;
4. Unusual juvenile behavior;
5. Staff witnesses;
6. Disposition of any physical
			 evidence;
7. Any immediate action
			 taken, including the use of force;
8. Reporting staff member's signature;
			 and
9. Date and time report is
			 made.
(d) Specify that
			 juveniles placed in confinement status shall be afforded living conditions and
			 privileges approximating those to the general juvenile population. Exceptions
			 shall be justified by substantial evidence;
(e) Provide that the incident report shall be
			 removed from all files of juveniles found not guilty of an alleged rule
			 violation;
(f) Each facility shall
			 develop a procedure to ensure the youth's due process for appealing
			 disciplinary procedures.
(g) Ensure
			 that prior to privilege suspension the juvenile has the reasons for the
			 restriction explained to him, and has an opportunity to explain the behavior
			 leading to the suspension; and
(h)
			 Provide that in instances in which a juvenile is alleged to have committed a
			 crime, the case is referred to appropriate law enforcement officials for
			 possible prosecution.
(7) During room restriction staff shall
			 visibly check the juvenile at least every fifteen (15) minutes, depending on
			 his emotional state.
(8) When a
			 juvenile has been charged with a major rule violation requiring confinement
			 status for the safety of the juvenile or other juveniles, or to ensure the
			 security of the facility, the youth may be confined for a period of up to
			 twenty-four (24) hours. Confinement status for periods of over twenty-four (24)
			 hours shall be reviewed every twenty-four (24) hours by the administrator or
			 his designee who was not involved in the incident.
(9) Whenever juveniles are removed from the
			 regular program, they shall be seen by a designated staff member, other than
			 the staff member involved in the removal decision, as soon as possible, but not
			 more than twenty-four (24) hours after removal.
(10) Juveniles held in confinement status
			 shall be interviewed at least once each day by personnel from administrative,
			 clinical, social work, religious or medical units.
(11) A log shall be kept stating who
			 authorized the confinement status, persons visiting the juvenile, the person
			 authorizing release from confinement status, and the time of the
			 release.