Kentucky Administrative Regulations › Title 505 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF JUVENILE JUSTICE › Chapter 1 - Child Welfare › Section 505 KAR 1:220 - Transportation of juveniles

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.160,
				15A.210,
				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. KRS
				15A.305(8)(c) requires 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 used by the Department of Corrections, including tasers, pepper spray,
				and shields. This administrative regulation establishes requirements for the
				transportation of juveniles in the custody of the department.
Section 1.
(1) A juvenile shall be searched before being
			 placed in a vehicle for transport. Cross-gender searches shall only be
			 conducted under exigent circumstances. Otherwise, searches shall be conducted
			 by same gendered staff.
(2)
			 Department staff shall determine if a juvenile may be notified in advance of a
			 pending transportation trip.
(a) The default
			 shall be to not give notice unless consideration of the factors in paragraph
			 (b) of this subsection allow for notice.
(b) Consideration shall be given to:
1. The purpose of or reason for the
			 transport;
2. Classification and
			 behavior of the juvenile:
3.
			 Whether the juvenile's parent or caregiver is being informed or will be
			 present;
4. Safety and security
			 issues, including:
a. Timing of the notice;
			 and
b. Escape or AWOL
			 risk.
(3) A juvenile in detention or a level 4
			 youth development center being transported shall be restrained with mechanical
			 restraints and shall be transported in a vehicle with a security screen. Other
			 juveniles may be transported in mechanical restraints if needed. However,
			 juveniles shall not be secured or restrained to any part of the vehicle. A
			 pregnant juvenile shall be restrained in compliance with
			 KRS
			 196.173.
(4) Staff transporting juveniles may be
			 equipped with chemical agents, conductive energy devices, additional mechanical
			 restraints, and a cell phone.
(5)
			 Seat belts shall be used in a vehicle.
(6) Transporting staff shall not allow a
			 juvenile to visit or contact any person except a parent or caregiver by any
			 means unless authorized in advance by the superintendent or designee.
(7) A juvenile shall not leave the vehicle at
			 any stop unless the transporting staff escorts the juvenile.
(8) In an emergency or a collision,
			 restraints may be removed from the juvenile only if the transportation staff
			 determines that an urgent situation exists requiring removal of the restraints.
			 Any restraints removed shall be limited to those restraints that compromise the
			 health or safety of the juvenile.
(9) If the transportation of a juvenile is
			 expected to extend through a mealtime, a sack lunch shall be prepared and
			 placed in the transport vehicle or provision shall be made to feed the juvenile
			 upon arrival.
(10) DJJ staff
			 transporting a juvenile shall observe the same gender requirements of
			 KRS
			 605.080.