{"data":{"id":"us-ky/krs-635.100","jurisdiction":"us-ky","citation":"KRS 635.100","heading":"Graduated sanctions protocol for violation of supervised placement terms","body":"or conditions -- Effect of escape, absence without leave, or violation of\nconditions of placement -- Administrative hearings and regulations.\n(1) The Department of Juvenile Justi ce shall develop and implement a graduated\nsanctions protocol of swift, certain, proportionate, and graduated sanctions that the\ndepartment shall apply in response to a committed child's violations of the terms or\nconditions of supervised placement.\n(2) (a) Any child committed to or in the custody of the Department of Juvenile\nJustice who escapes or is absent without leave from his or her placement shall\nbe taken into custody and returned to the custody of the Department of\nJuvenile Justice by any juvenile probation officer or by any peace officer on\ndirection of the Department of Juvenile Justice.\n(b) A child taken into custody as provided in this subsection shall be returned to\nthe active custody of the Department of Juvenile Justice within three (3) days,\nexclusive of weekends and holidays, and no administrative hearing shall be\nrequired.\n(3) Any child committed to the Department of Juvenile Justice who is placed on\nsupervised placement by the Department of Juvenile Justice and who violates the\nterms or co nditions of supervised placement may be returned to active custody of\nthe Department of Juvenile Justice and shall be taken into custody by any juvenile\nprobation officer or by any peace officer on direction of the Department of Juvenile\nJustice.\n(4) A child taken into custody may be held in a Department of Juvenile Justice facility,\nprogram, or contract facility, prior to the administrative hearing, provided a\npreliminary hearing is held by a person designated by the Department of Juvenile\nJustice within f ive (5) days, exclusive of weekends and holidays, of the holding,\nunless the child or his representative request or agree to a longer period of time, to\ndetermine if there is probable cause to believe that the child violated his supervised\nplacement conditions and, if so, to determine if the best interest of the child requires\nthat the child be held in custody pending an administrative hearing pursuant to\nsubsection (5) of this section. The child and his parent or other person exercising\ncustodial control or supervision shall be given an opportunity to be heard and to be\nrepresented by counsel at the preliminary hearing.\n(5) If the child is returned to the active custody of the Department of Juvenile Justice as\nprovided in subsection (4) of this section an a dministrative hearing shall be held as\nfollows:\n(a) The hearing shall be held within ten (10) days, exclusive of weekends and\nholidays, of the preliminary hearing unless the child and his representative\nrequest or agree to a longer period of time;\n(b) The hearing shall be presided over by one (1) hearing officer designated by the\nDepartment of Juvenile Justice to hear such matters at which time the child\nand his parent or other person exercising custodial control or supervision shall\nbe given an opportunity to be heard and be represented by counsel; and\n(c) The department shall have the power to administer oaths and to issue\nsubpoenas compelling the attendance of witnesses as it may deem necessary to\nthe case of any child before it. Disobedience of a subpoen a may be punished\nas contempt of court, after a hearing before the committing juvenile court.\n(6) Administrative hearings conducted under this section and administrative regulations\npromulgated under this section shall be exempt from the requirements of KR S\nChapter 13B.\n(7) The Department of Juvenile Justice shall promulgate administrative regulations to\ngovern at least the following aspects of this section:\n(a) Commissioner's warrant;\n(b) Procedural aspects of the hearing;\n(c) Burden of proof;\n(d) Standard of proof; and\n(e) Administrative appeal process.","path":["KRS Chapter 635"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=43508","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:09Z","sha256":"71abd4b0825d452358fd1ae6650e2efc56d0dfdd34811448772dbea27623240b","source_id":"us-ky","stale":false,"prev":"us-ky/krs-635.095","next":"us-ky/krs-635.110"},"notice":"GroundRules: Original legal text. Not legal advice."}