Title 505 | Chapter 001 | Regulation 120E
SUPERSEDED
This document is no longer current.
PREVIOUS VERSION
The previous document that this document is based upon is available.
STATEMENT OF EMERGENCY
505 KAR 1:120E
An emergency regulation, pursuant to KRS 13A.190(1)(a)(1), is necessary to meet an imminent threat to public health, safety, and welfare posed by increasingly violent youth housed in Department of Juvenile Justice (DJJ) detention centers and post-adjudication facilities. Recent violent events by youth at DJJ facilities necessitate immediate action to change options available to the department for control of the facilities and the youths contained within them. An ordinary administrative regulation is not sufficient because of recent violent events by youth at DJJ facilities that put other youths in custody as well as DJJ staff at risk of harm. This administrative regulation will be replaced by an ordinary administrative regulation that is being filed with the emergency administrative regulation. The ordinary administrative regulation is identical to this emergency administrative regulation. No emergency administrative regulation governing the same subject matter has been filed within the previous nine months.
VICKI REED, Commissioner
JUSTICE AND PUBLIC SAFETY CABINET
Department of Juvenile Justice
(Emergency Amendment)
505 KAR 1:120E.Department of Juvenile Justice Policies and Procedures Manual: Health and Safety Services.
Section 1.
Incorporation by Reference.(1)
The "Department of Juvenile Justice Policy and Procedures Manual: Health and Safety Services", January 13, 2023| 400 | Health Services Definitions (Amended 01/13/23 |
| 400.1 | Health Services (Amended 04/15/20) |
| 401 | Health Services Administration and Personnel (Amended 03/30/18) |
| 402 | Access to Treatment and Continuity of Care (Amended 04/15/20) |
| 402.1 | Continuity of Care and Medical Discharge (Amended 04/15/20) |
| 403 | Medical Records (Amended 04/15/20) |
| 404.1 | Admission Screening for Physical and Behavioral Health Challenges (Amended 07/13/20) |
| 404.2 | Ectoparasite Control (Amended 03/30/18) |
| 404.3 | Health Assessment and Physical Examination (Amended 03/30/18) |
| 404.4 | Sick Call (Amended 03/30/18) |
| 404.5 | Access to Diagnostic Services (Amended 03/30/18) |
| 404.6 | Emergency Medical Services (Amended 03/30/18) |
| 404.7 | First Aid, AED, and First Aid Kits (Amended 03/30/18) |
| 404.8 | Hospital Care (Amended 03/30/18) |
| 404.10 | Special Needs Treatment Plans (Amended 03/30/18) |
| 404.11 | Perinatal Care (Amended 03/30/18) |
| 404.12 | Oral Screening and Oral Care (Amended 03/30/18) |
| 404.13 | Preventative Health Care (Amended 03/30/18) |
| 404.14 | Family Planning Services (Amended 03/30/18) |
| 405 | Behavioral Health Services Administration and Personnel (Amended 07/13/20) |
| 405.1 | Behavioral Health Screening and Evaluation (Amended 04/15/20) |
| 405.2 | Forced Psychotropic Medications (Amended 07/10/18) |
| 405.3 | Referral for Behavioral Health Services (Amended 07/13/20) |
| 405.4 | Suicide Prevention and Intervention (Amended 07/13/20) |
| 405.5 | Behavioral Health Emergencies (Amended 04/15/20) |
| 405.6 | Psychiatric Hospitalization (Amended 07/13/20) |
| 406 | Therapeutic Restraints (Amended 01/13/23 |
| 407 | Pharmaceuticals (Amended 03/30/18) |
| 408.1 | Forensic Information (Amended 03/30/18) |
| 409 | Substance Abuse and Chemical Dependency (Amended 03/30/18) |
| 410 | Orthoses, Prostheses, and Other Aids to Reduce the Effects of Impairment (Amended 08/14/18) |
| 411 | Notification in Emergencies (Amended 03/30/18) |
| 414 | Environmental Health and Safety (Amended 03/30/18) |
| 415 | Occupational Exposure to Bloodborne Pathogens (Amended 03/30/18) |
| 416 | HIV/AIDS/STI (Amended 03/30/18) |
| 416.1 | Infectious Communicable Disease (Amended 03/30/18) |
| 424 | Emergency Plans (Amended 03/30/18) |
| 424.1 | Emergency Plans for Central Office (Amended 03/30/18) |
| 426 | Dietary Services (Amended 03/30/18) |
| 427 | Maintenance (Amended 03/30/18) |
| 427.1 | Control and Use of Tools and Sharps (Amended 03/30/18) |
| 428 | Control and Accountability of Flammable, Toxic, Caustic and Other Hazardous Materials (Amended 03/30/18) |
| 428.1 | Control of Hazardous Materials in Central Office (Amended 03/30/18) |
| 430 | Pets and Domestic Animals (Amended 03/30/18) |
(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Juvenile Justice, Office of the Commissioner, 1025 Capital Center Drive, Third Floor, Frankfort, Kentucky 40601, or at any department field office, Monday through Friday, 8 a.m. to 4:30 p.m. This material may be obtained from the Department of Juvenile Justice Web site at https://djj.ky.gov/About%20DJJ/Pages/lrcfilings.aspx.VICKI REED, Commissioner
APPROVED BY AGENCY: January 12, 2023
FILED WITH LRC: January 13, 2023 at 11:50 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on February 22, 2023, at 9:00 a.m. at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through February 28, 2023. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Amy V. Barker, Assistant General Counsel, Justice & Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601, Justice.RegsContact@ky.gov, telephone number (502) 564-3279, facsimile number (502) 564-6686.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
Department of Juvenile Justice
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 15A.065(1), 15A.067, 15A.160, 200.115, 605.150, 635.095, 635.100(7), 640.120, 645.250
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
The amendment to this regulation will not create any revenue.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
The amendment to this regulation will not create any revenue.
(c) How much will it cost to administer this program for the first year?
An exact cost is unknown, but devices including tasers and pepper spray, shields, riot control suits and helmets, camera equipped vehicle partitions, and other items will be acquired to assist with control at some DJJ facilities at an approximate cost of $1,478,969.82. Training costs will also be incurred for each staff member who is authorized to use tasers or pepper spray. These costs are for the amendment of both administrative regulations being filed.
(d) How much will it cost to administer this program for subsequent years?
An exact cost is unknown, but devices like pepper spray will be reacquired as they are used or expire. Training costs will continue to be incurred for new staff authorized to use pepper spray or tasers. The tasers, cars with camera equipped security partitions, and other equipment will need to be replaced on an intermittent basis.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
Cost savings are not anticipated.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
Cost savings are not anticipated.
(c) How much will it cost the regulated entities for the first year?
An exact cost is unknown, but devices including tasers and pepper spray, shields, riot control suits and helmets, camera equipped vehicle partitions, and other items will be acquired to assist with control at some DJJ facilities at an approximate cost of $1,478,969.82. Training costs will also be incurred for each staff member who is authorized to use tasers or pepper spray. These costs are for the amendment of both administrative regulations being filed.
(d) How much will it cost the regulated entities for subsequent years?
An exact cost is unknown, but devices like pepper spray will be reacquired as they are used or expire. Training costs will continue to be incurred for new staff authorized to use pepper spray or tasers. The tasers, cars with camera equipped security partitions, and other equipment will need to be replaced on an intermittent basis.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] A major economic impact is anticipated.
STATEMENT OF EMERGENCY
505 KAR 1:120E
An emergency regulation, pursuant to KRS 13A.190(1)(a)(1), is necessary to meet an imminent threat to public health, safety, and welfare posed by increasingly violent youth housed in Department of Juvenile Justice (DJJ) detention centers and post-adjudication facilities. Recent violent events by youth at DJJ facilities necessitate immediate action to change options available to the department for control of the facilities and the youths contained within them. An ordinary administrative regulation is not sufficient because of recent violent events by youth at DJJ facilities that put other youths in custody as well as DJJ staff at risk of harm. This administrative regulation will be replaced by an ordinary administrative regulation that is being filed with the emergency administrative regulation. The ordinary administrative regulation is identical to this emergency administrative regulation. No emergency administrative regulation governing the same subject matter has been filed within the previous nine months.
VICKI REED, Commissioner
JUSTICE AND PUBLIC SAFETY CABINET
Department of Juvenile Justice
(Emergency Amendment)
505 KAR 1:120E.Department of Juvenile Justice Policies and Procedures Manual: Health and Safety Services.
Section 1.
Incorporation by Reference.(1)
The "Department of Juvenile Justice Policy and Procedures Manual: Health and Safety Services", January 13, 2023, is incorporated by reference and includes the following:| 400 | Health Services Definitions (Amended 01/13/23) |
| 400.1 | Health Services (Amended 04/15/20) |
| 401 | Health Services Administration and Personnel (Amended 03/30/18) |
| 402 | Access to Treatment and Continuity of Care (Amended 04/15/20) |
| 402.1 | Continuity of Care and Medical Discharge (Amended 04/15/20) |
| 403 | Medical Records (Amended 04/15/20) |
| 404.1 | Admission Screening for Physical and Behavioral Health Challenges (Amended 07/13/20) |
| 404.2 | Ectoparasite Control (Amended 03/30/18) |
| 404.3 | Health Assessment and Physical Examination (Amended 03/30/18) |
| 404.4 | Sick Call (Amended 03/30/18) |
| 404.5 | Access to Diagnostic Services (Amended 03/30/18) |
| 404.6 | Emergency Medical Services (Amended 03/30/18) |
| 404.7 | First Aid, AED, and First Aid Kits (Amended 03/30/18) |
| 404.8 | Hospital Care (Amended 03/30/18) |
| 404.10 | Special Needs Treatment Plans (Amended 03/30/18) |
| 404.11 | Perinatal Care (Amended 03/30/18) |
| 404.12 | Oral Screening and Oral Care (Amended 03/30/18) |
| 404.13 | Preventative Health Care (Amended 03/30/18) |
| 404.14 | Family Planning Services (Amended 03/30/18) |
| 405 | Behavioral Health Services Administration and Personnel (Amended 07/13/20) |
| 405.1 | Behavioral Health Screening and Evaluation (Amended 04/15/20) |
| 405.2 | Forced Psychotropic Medications (Amended 07/10/18) |
| 405.3 | Referral for Behavioral Health Services (Amended 07/13/20) |
| 405.4 | Suicide Prevention and Intervention (Amended 07/13/20) |
| 405.5 | Behavioral Health Emergencies (Amended 04/15/20) |
| 405.6 | Psychiatric Hospitalization (Amended 07/13/20) |
| 406 | Therapeutic Restraints (Amended 01/13/23) |
| 407 | Pharmaceuticals (Amended 03/30/18) |
| 408.1 | Forensic Information (Amended 03/30/18) |
| 409 | Substance Abuse and Chemical Dependency (Amended 03/30/18) |
| 410 | Orthoses, Prostheses, and Other Aids to Reduce the Effects of Impairment (Amended 08/14/18) |
| 411 | Notification in Emergencies (Amended 03/30/18) |
| 414 | Environmental Health and Safety (Amended 03/30/18) |
| 415 | Occupational Exposure to Bloodborne Pathogens (Amended 03/30/18) |
| 416 | HIV/AIDS/STI (Amended 03/30/18) |
| 416.1 | Infectious Communicable Disease (Amended 03/30/18) |
| 424 | Emergency Plans (Amended 03/30/18) |
| 424.1 | Emergency Plans for Central Office (Amended 03/30/18) |
| 426 | Dietary Services (Amended 03/30/18) |
| 427 | Maintenance (Amended 03/30/18) |
| 427.1 | Control and Use of Tools and Sharps (Amended 03/30/18) |
| 428 | Control and Accountability of Flammable, Toxic, Caustic and Other Hazardous Materials (Amended 03/30/18) |
| 428.1 | Control of Hazardous Materials in Central Office (Amended 03/30/18) |
| 430 | Pets and Domestic Animals (Amended 03/30/18) |
(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Juvenile Justice, Office of the Commissioner, 1025 Capital Center Drive, Third Floor, Frankfort, Kentucky 40601, or at any department field office, Monday through Friday, 8 a.m. to 4:30 p.m. This material may be obtained from the Department of Juvenile Justice Web site at https://djj.ky.gov/About%20DJJ/Pages/lrcfilings.aspx.VICKI REED, Commissioner
APPROVED BY AGENCY: January 12, 2023
FILED WITH LRC: January 13, 2023 at 11:50 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on February 22, 2023, at 9:00 a.m. at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through February 28, 2023. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Amy V. Barker, Assistant General Counsel, Justice & Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601, Justice.RegsContact@ky.gov, telephone number (502) 564-3279, facsimile number (502) 564-6686.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
Department of Juvenile Justice
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 15A.065(1), 15A.067, 15A.160, 200.115, 605.150, 635.095, 635.100(7), 640.120, 645.250
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
The amendment to this regulation will not create any revenue.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
The amendment to this regulation will not create any revenue.
(c) How much will it cost to administer this program for the first year?
An exact cost is unknown, but devices including tasers and pepper spray, shields, riot control suits and helmets, camera equipped vehicle partitions, and other items will be acquired to assist with control at some DJJ facilities at an approximate cost of $1,478,969.82. Training costs will also be incurred for each staff member who is authorized to use tasers or pepper spray. These costs are for the amendment of both administrative regulations being filed.
(d) How much will it cost to administer this program for subsequent years?
An exact cost is unknown, but devices like pepper spray will be reacquired as they are used or expire. Training costs will continue to be incurred for new staff authorized to use pepper spray or tasers. The tasers, cars with camera equipped security partitions, and other equipment will need to be replaced on an intermittent basis.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
Cost savings are not anticipated.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
Cost savings are not anticipated.
(c) How much will it cost the regulated entities for the first year?
An exact cost is unknown, but devices including tasers and pepper spray, shields, riot control suits and helmets, camera equipped vehicle partitions, and other items will be acquired to assist with control at some DJJ facilities at an approximate cost of $1,478,969.82. Training costs will also be incurred for each staff member who is authorized to use tasers or pepper spray. These costs are for the amendment of both administrative regulations being filed.
(d) How much will it cost the regulated entities for subsequent years?
An exact cost is unknown, but devices like pepper spray will be reacquired as they are used or expire. Training costs will continue to be incurred for new staff authorized to use pepper spray or tasers. The tasers, cars with camera equipped security partitions, and other equipment will need to be replaced on an intermittent basis.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] A major economic impact is anticipated.