505 Ky. Admin. Regs. 1:420
Current through Register Vol. 50, No. 12, June 1, 2024
Section 505 KAR 1:420 - Youthful offendersRELATES TO: KRS 15A.065, 15A.0652, 15A.067, 196.280, 197.045, 200.080-200.120, 439.265, 439.267, Chapters 600-645
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 605.150, 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 the requirements for youthful offenders in the custody of the department.
Section 1. Sentence, Admission, Transfer. (1) A youthful offender sentenced to confinement by a circuit court shall serve the sentence in a DJJ operated facility, or approved or contracted facility, until one (1) of the events listed in KRS 640.030 occurs.(2) A youthful offender convicted and awaiting classification placement shall: (a) Be placed within sixty (60) days of sentencing;(b) Have contact from a DJJ representative at least once per week while in a non-DJJ detention facility; and(c) Be subject to DNA collection.(3) A youthful offender shall be advised verbally and in writing, and sign an acknowledgement regarding the requirements of KRS 640.070 upon admission. A program shall provide foreign language interpretation of the materials for the youthful offender if a language barrier exists.(4) Placement of a youthful offender shall be in accordance with the Classification and Placement Manual incorporated by reference in 505 KAR 1:100.(5) If a youthful offender is transferred to another facility, a new copy of the KRS 640.070 acknowledgement shall be signed by the youthful offender.(6) DJJ shall not extend jurisdiction for a youthful offender beyond the age of eighteen (18) years and five (5) months except in special circumstances as described by KRS 640.075(1).Section 2. Educational Good Time. (1) Sentence credits for education shall be awarded in accordance with KRS 197.045(1)(a)(2) for a youthful offender. A youthful offender shall receive ninety (90) days sentence credit for: (a) Successful completion of the following education:1. High school equivalency diploma;3. Two (2) or four (4) year degree from an accredited college or university;4. Career or technical education program approved by the department; or5. Two (2) or four (4) year degree from an accredited college or university online or by correspondence approved by the department;(b) Successfully completing a drug treatment or other evidenced based program approved by the department; or(c) Successfully completing a civics education program that requires passing a final exam approved or offered by the department.(2) A list of department approved courses shall be available on the department Web site and posted at each facility in an area accessible to juveniles.(3) Education sentence credit shall not be awarded for:(a) An individual course;(c) Completion of a module or level within a larger trade or career or technical education program;(d) Degree from an unapproved correspondence course provider;(e) Degree from non-accredited entity; or(f) Any program not approved by the department.Section 3. Meritorious Good Time.(1) A youthful offender shall be considered for meritorious good time monthly to determine eligibility.(2) If a youthful offender was absent without leave or was adjudicated or convicted of an additional felony that occurred while in a DJJ residential program, the six (6) month period following the return to the program from AWOL status or conviction of another felony shall not be considered for an award of meritorious good time.(3) Once an award period has been reviewed, future awards shall not include any previously considered time period.(4) Youthful offenders may be awarded meritorious good time for each full calendar month served. Meritorious good time may be awarded on jail or detention time or parole violation time. Partial months shall not be considered for award amounts.(5) Facility time shall be calculated in full month increments only and shall not be added to jail or detention credit or parole violation time.Section 4. Extraordinary Meritorious Good Time.(1) A youthful offender may be considered for extraordinary meritorious good time pursuant to KRS 197.045(1)(b) 3.(2) A youthful offender may be nominated for extraordinary meritorious good time by a staff person. The nomination shall be in writing and describe in detail the exceptional service performed by the youthful offender and the emergency. The written nomination shall be provided to the offender information administrator.(3) The offender information administrator shall submit the completed nomination to the commissioner for a decision concerning extraordinary meritorious good time. The commissioner may request additional information before making a decision concerning the nomination.(4) Offender information staff shall credit to the youthful offender's sentence any extraordinary meritorious good time awarded by the commissioner. The document approving the extraordinary meritorious good time shall be maintained in the offender management system or individual client record.Section 5. Victim Information and Notification Everyday.(1) A crime victim may register to be notified, if a youthful offender is absent without leave or has escaped, reaches sentence serve-out, or has a court-ordered release.(2) Registering by the victim or members of the public in VINE shall be voluntary and confidential.(3) A person shall be registered to receive electronic notification. The person may register: (b) By calling the toll-free VINE line at 800-511-1670.(4) A convicted youthful offender shall be added to the VINE database no later than the day of initial placement by the classification branch, and in the event of a change in custody status, the change shall be entered.50 Ky.R. 278, 1115; eff. 3/5/2024.STATUTORY AUTHORITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 605.150, 635.100(7), 640.120, 645.250