505 Ky. Admin. Regs. 1:220
Current through Register Vol. 50, No. 12, June 1, 2024
Section 505 KAR 1:220 - Transportation of juvenilesRELATES 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(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 605.080.49 Ky.R. 2213; eff. 5/15/2023(EMERGENCY); 49 Ky.R. 2436; eff. 3/5/2024.STATUTORY AUTHORITY: KRS 15A.065(1), 15A.0652, 15A.160, 196.173, 605.080, 605.150, 635.095, 640.120, 645.250