Create a new section of KRS Chapter 15A to create the juvenile services fund within the Department of Juvenile Justice; appropriate money to the fund; APPROPRIATION; EMERGENCY.
This bill amends Kentucky law to clarify how appeals work for juvenile dispositional orders. It allows juveniles to appeal certain court decisions directly to the Circuit Court as a matter of right, rather than needing special permission. The bill also specifies that these appeals must follow standard criminal procedure rules and be heard quickly, with the court prioritizing the child's best interests. This change affects the legal process for juvenile offenders in Kentucky by streamlining their right to appeal sentencing decisions.
Amend KRS 15A.020, relating to the Department of Juvenile Justice in the Justice and Public Safety Cabinet, to remove the Office of Program Operations and the Office of Community and Mental Health Services; add the Office of Rehabilitation and Reentry Services and divisions within the office; remove the Division of Program Services from the Office of Support Services and add divisions; amend KRS 15A.064 to conform.
Create a new section of KRS Chapter 532 to abolish the death penalty and replace it with life imprisonment without parole for inmates presently sentenced to death; amend KRS 532.030 to remove the death penalty; amend KRS 640.040 to prohibit life imprisonment without benefit of parole for a juvenile offender convicted of a capital offense; amend KRS 640.010 to define "serious intellectual disability" and "significant subaverage general intellectual functioning"; amend KRS 422.285, 532.050, 532.100, and 533.010 to conform; repeal KRS 431.213, 431.2135, 431.218, 431.220, 431.223, 431.224, 431.240, 431.250, 431.260, 431.270, 507A.060, 532.025, 532.075, 532.130, 532.135, 532.140, 532.300, 532.305, and 532.309.
Create a new section of KRS Chapter 441 to establish the External Detainee Fatality Review Panel to conduct comprehensive reviews of all fatalities of individuals detained by law enforcement, in county or regional jails, or in any facility operated by the Department of Corrections, the Department of Juvenile Justice, or an entity under contract with either department; establish membership and duties of the panel; set a schedule for appointment of members.
Create a new section of KRS Chapter 200 to define terms; establish procedures for a child charged with a public offense or subject to a court order to determine if the child is a high acuity youth; establish procedures for securing a treatment plan, and dispute resolution through a review process and the court if the parties cannot agree to a plan; require a 24-hour protocol for health facilities, the Cabinet for Health and Family Services, the Department of Juvenile Justice, and the courts to direct care; establish reimbursement rates for inpatient and outpatient psychiatric care of a child by psychiatric hospitals and pediatric teaching hospitals; establish procedures for discharge of the child from inpatient admission under specific circumstances.
Amend KRS 31.010 and 31.020 to make technical corrections; amend KRS 31.030 to require the annual report filed by the Department of Public Advocacy to inform the LRC and the public of the work of all divisions of the department; amend KRS 31.110 to provide that the Department shall provide legal representation to a person who is accused of being in contempt of court for noncompliance with a court-ordered obligation only when the obligation arises out of a criminal prosecution or conviction or an action or adjudication for a public or status offense; create a new section of KRS Chapter 31 to provide that the Department of Public Advocacy shall not be appointed by a court to provide legal representation unless specifically authorized by KRS 31.110; amend KRS 31.211 to provide that any attorney providing legal representation under KRS Chapter 31 shall forward all information that indicates payment or reimbursement for services to the public advocate; amend KRS 31.215 to provide that any attorney providing legal representation under KRS Chapter 31 shall not accept fees for legal representation; create an exception for unsolicited gifts of de minimis value; amend KRS 31.219 to provide that any attorney providing legal representation under KRS Chapter 31 shall file a notice of appeal after trial if requested by his or her client; amend KRS 202A.121 to provide that an attorney appointed under KRS Chapter 202A shall be paid a fee fixed by the court not to exceed $500; direct the secretary of the Personnel Cabinet to work with the Department of Public Advocacy to develop and implement a new classification series for Department of Public Advocacy Trial Attorneys; make technical corrections.
Create new sections of KRS Chapter 610 to establish a pilot program to be known as the Supporting Opportunities for Accountability and Restoration Program for children who are truant; require the pilot program to be established in no less than 10 public school districts; establish the responsive interventions to support and empower teams; establish criteria for participation and procedure for the program; create a new section of KRS Chapter 159 to establish the duties of the director of pupil personnel in school districts that are participating in the pilot program; amend KRS 159.140 to conform; create a new section of KRS Chapter 160 to require schools to collect certain data relating to habitual truancy and require the Kentucky Department of Education to annually report data relating to habitual truancy to the Legislative Research Commission for referral to the Interim Joint Committee on Education and the Interim Joint Committee on Judiciary; amend KRS 610.030 to require the use of an evidence-based family screening tool to identify family strengths, needs, and risks; create family diversion plans and require a child's parent to participate; amend KRS 605.030 to require a court-designated worker to coordinate the pilot program in the school districts that participate; amend KRS 17.125 to allow responsive interventions to support and empower teams to access information on juveniles involved with the juvenile justice system; amend KRS 600.020 to amend the definition of "habitual truant" and define "Supporting Opportunities for Accountability and Restoration Program" or "SOAR Program" and "Responsive Interventions to Support and Empower Teams" or "RISE teams"; create a new section of KRS Chapter 630 to provide that a child who is alleged to be a status offender, adjudicated a status offender, or is a status offender alleged or found to have violated a valid court order shall not be detained in a secure detention facility until the child is at least 16 years old; amend various sections to conform; repeal KRS 630.100.
Create new sections of KRS Chapter 610 to establish a pilot program to be known as the Supporting Opportunities for Accountability and Restoration Program for children who are truant; require the pilot program to be established in no less than 10 public school districts; establish the responsive interventions to support and empower teams; establish criteria for participation and procedure for the program; create a new section of KRS Chapter 159 to establish the duties of the director of pupil personnel in school districts that are participating in the pilot program; amend KRS 159.140 to conform; create a new section of KRS Chapter 160 to require schools to collect certain data relating to habitual truancy and require the Kentucky Department of Education to annually report data relating to habitual truancy to the Legislative Research Commission for referral to the Interim Joint Committee on Education and the Interim Joint Committee on Judiciary; amend KRS 610.030 to require the use of an evidence-based family screening tool to identify family strengths, needs, and risks; create family diversion plans and require a child's parent to participate; amend KRS 605.030 to require a court-designated worker to coordinate the pilot program in the school districts that participate; amend KRS 17.125 to allow responsive interventions to support and empower teams to access information on juveniles involved with the juvenile justice system; amend KRS 600.020 to amend the definition of "habitual truant" and define "Supporting Opportunities for Accountability and Restoration Program" or "SOAR Program" and "Responsive Interventions to Support and Empower Teams" or "RISE teams"; create a new section of KRS Chapter 630 to provide that a child who is alleged to be a status offender, adjudicated a status offender, or is a status offender alleged or found to have violated a valid court order shall not be detained in a secure detention facility until the child is at least 16 years old; amend various sections to conform; repeal KRS 630.100.
Create a new section of KRS Chapter 600 to enumerate the rights of incarcerated minors; provide that the Act may be cited as the Incarcerated Minor's Bill of Rights.
