Kentucky Administrative Regulations › Title 505 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF JUVENILE JUSTICE › Chapter 1 - Child Welfare › Section 505 KAR 1:380 - Mail, visiting, and telephone use

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				15A.065,
				15A.0652,
				200.080-200.120, Chapters
				600-645
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15A.065(1),
				15A.0652,
				15A.067,
				15A.160,
				605.150,
				635.095, and
				640.120 authorize the Justice
				and Public Safety Cabinet and the Department of Juvenile Justice to promulgate
				administrative regulations for the proper administration of the cabinet and its
				programs. This administrative regulation establishes requirements and
				procedures for mail, visitation, and telephone use for juveniles in juvenile
				detention centers, youth development centers, and group homes.
Section 1. Mail.
(1) Notification that mail is subject to
			 search and inspection shall be given to the juvenile and mailed to the
			 juvenile's parent or caregiver within twenty-four (24) hours of
			 admission.
(2) If a juvenile bears
			 the mailing cost, there shall not be a limit on the volume of letters a
			 juvenile may send or receive.
(3) A
			 juvenile shall be allowed to mail five (5) first class letters each week, at no
			 cost to the juvenile. The juvenile shall be allowed unlimited postage to
			 contact juvenile's attorney. The postage allowance shall not be transferable to
			 another juvenile.
(4) Mail received
			 by the facility for the juvenile shall not be held more than twenty-four (24)
			 hours, and packages shall not be held more than forty-eight (48) hours,
			 excluding weekends and holidays. In an emergency situation in which normal
			 facility procedure, policy, or activity is disrupted due to riot, escape, fire,
			 natural disaster, employee action, or other serious incident, mail shall be
			 delivered according to schedule when normal procedure and activity is
			 restored.
(5) A first class letter
			 or a package received for a juvenile who has been transferred or released shall
			 be forwarded to the address designated by the juvenile or to the receiving
			 facility. If there is no forwarding address, it shall be returned to the
			 sender.
(6) A juvenile may send and
			 receive a sealed, first class letter to and from court, counsel, and officials
			 of DJJ or the Justice and Public Safety Cabinet, as well as those individuals
			 on their approved mail list.
(a) Staff, in the
			 presence of the juvenile, may inspect outgoing mail for contraband before it is
			 sealed; and
(b) Mail received by
			 the juvenile, from those listed in this subsection, shall be opened only to
			 inspect for contraband and only in the presence of the juvenile, unless waived
			 in writing, marked as not privileged by the sender, or in circumstances that
			 may indicate contamination.
(7) Mail shall be given to the facility
			 manager for a restriction determination, if the mail:
(a) Is marked with gang signs, symbols, or
			 writing on the envelope;
(b) Is
			 from a parent or other individual with a no contact order; or
(c) Was received from an incarcerated
			 individual at another juvenile facility or correctional institution.
(8) Cash, checks, or money orders
			 shall be removed from incoming mail and deposited in the juvenile's personal
			 account with a receipt given to the juvenile.
(9) The treatment team shall assess the
			 appropriateness of publications received by a juvenile on a case-by-case basis.
			 Restrictions to access shall be directly related to the maintenance of facility
			 order, treatment, or security.
(10)
			 The facility manager or designee shall notify the juvenile in writing if a mail
			 restriction has occurred or a mail item has been returned.
(11) A facility shall inform a juvenile at
			 orientation of the hours and procedures for mail and procedures regarding the
			 approved senders list.