KRS 635.100: Graduated sanctions protocol for violation of supervised placement terms

or conditions -- Effect of escape, absence without leave, or violation of

conditions of placement -- Administrative hearings and regulations.

(1) The Department of Juvenile Justi ce shall develop and implement a graduated

sanctions protocol of swift, certain, proportionate, and graduated sanctions that the

department shall apply in response to a committed child's violations of the terms or

conditions of supervised placement.

(2) (a) Any child committed to or in the custody of the Department of Juvenile

Justice who escapes or is absent without leave from his or her placement shall

be taken into custody and returned to the custody of the Department of

Juvenile Justice by any juvenile probation officer or by any peace officer on

direction of the Department of Juvenile Justice.

(b) A child taken into custody as provided in this subsection shall be returned to

the active custody of the Department of Juvenile Justice within three (3) days,

exclusive of weekends and holidays, and no administrative hearing shall be

required.

(3) Any child committed to the Department of Juvenile Justice who is placed on

supervised placement by the Department of Juvenile Justice and who violates the

terms or co nditions of supervised placement may be returned to active custody of

the Department of Juvenile Justice and shall be taken into custody by any juvenile

probation officer or by any peace officer on direction of the Department of Juvenile

Justice.

(4) A child taken into custody may be held in a Department of Juvenile Justice facility,

program, or contract facility, prior to the administrative hearing, provided a

preliminary hearing is held by a person designated by the Department of Juvenile

Justice within f ive (5) days, exclusive of weekends and holidays, of the holding,

unless the child or his representative request or agree to a longer period of time, to

determine if there is probable cause to believe that the child violated his supervised

placement conditions and, if so, to determine if the best interest of the child requires

that the child be held in custody pending an administrative hearing pursuant to

subsection (5) of this section. The child and his parent or other person exercising

custodial control or supervision shall be given an opportunity to be heard and to be

represented by counsel at the preliminary hearing.

(5) If the child is returned to the active custody of the Department of Juvenile Justice as

provided in subsection (4) of this section an a dministrative hearing shall be held as

follows:

(a) The hearing shall be held within ten (10) days, exclusive of weekends and

holidays, of the preliminary hearing unless the child and his representative

request or agree to a longer period of time;

(b) The hearing shall be presided over by one (1) hearing officer designated by the

Department of Juvenile Justice to hear such matters at which time the child

and his parent or other person exercising custodial control or supervision shall

be given an opportunity to be heard and be represented by counsel; and

(c) The department shall have the power to administer oaths and to issue

subpoenas compelling the attendance of witnesses as it may deem necessary to

the case of any child before it. Disobedience of a subpoen a may be punished

as contempt of court, after a hearing before the committing juvenile court.

(6) Administrative hearings conducted under this section and administrative regulations

promulgated under this section shall be exempt from the requirements of KR S

Chapter 13B.

(7) The Department of Juvenile Justice shall promulgate administrative regulations to

govern at least the following aspects of this section:

(a) Commissioner's warrant;

(b) Procedural aspects of the hearing;

(c) Burden of proof;

(d) Standard of proof; and

(e) Administrative appeal process.