Title 505 | Chapter 001 | Regulation 200E
SUPERSEDED
This document is no longer current.
STATEMENT OF EMERGENCY
505 KAR 1:200E
An emergency regulation, pursuant to KRS 13A.190(1)(a)(1), is necessary to comply with Section 4 of Senate Bill (SB) 162 enacted during the 2023 Regular Session and meet an imminent threat to public health, safety, and welfare posed by increasingly violent juveniles housed in Department of Juvenile Justice (DJJ) detention centers and post-adjudication facilities. Recent violent events by juveniles at DJJ facilities necessitate immediate action to change options available to the department for control of the facilities and the juveniles contained within them. Section 4 of SB 162 amended KRS 15A.305, and the changes became effective on March 27, 2023. An ordinary administrative regulation is not sufficient because the statutory changes became effective immediately due to SB 162’s emergency declaration, and it will take approximately eight months for an ordinary administrative regulation to become effective. Further, an ordinary administrative regulation is not sufficient because of recent violent events by juveniles at DJJ facilities that put other juveniles 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. An emergency administrative regulation governing a portion of the same subject matter has been filed within the previous nine months. This emergency administrative regulation is different from the previously filed administrative regulation because it places the relevant policy or policies directly in regulation rather than incorporating them by reference. It also includes additional provisions required by SB 162’s changes to KRS 15A.305 and applies to additional types of DJJ facilities.
ANDY BESHEAR, Governor
VICKI REED, Commissioner
JUSTICE AND PUBLIC SAFETY CABINET
Department of Juvenile Justice
(New Emergency Administrative Regulation)
505 KAR 1:200E.Cell entry teams, emergency response teams, and emergency response training.
Section 1.
Definitions.(1)
"Cell entry team" means a team of staff that are deployed to remove a juvenile from a cell or other confined area.(2)
"Emergency Response Team" or "ERT" means a team of staff trained and equipped to respond to emergencies within facilities operated by the department, including:(a)
Natural disaster;(b)
Riot, fire, or any other occurrence that create a risk to the safety or security of the facility, juveniles, staff, or volunteers;(c)
The escape of a juvenile from a facility operated by the department; or(d)
Other similarly emergent events.Section 2.
Cell Entry Team.(1)
The department may establish and train cell entry teams.(2)
The department shall use reasonable force necessary to gain the compliance of a juvenile during a cell entry or other action by a cell entry team.(3)
A juvenile shall comply with the orders of a cell entry team.Section 3.
Emergency Response Team.(1)
The department shall establish and train emergency response teams for detention centers and youth development centers.(2)
If a use of force is necessary during any emergency to which the ERT responds, the ERT shall use only reasonable force to resolve the emergency.(3)
The ERT shall conduct monthly drills for emergency response. The monthly drills may include:(a)
Riot;(b)
Fire;(c)
Tornado;(d)
Mass evacuation;(e)
Facility infrastructure failure;(f)
Search; or(g)
Other topics related to proper response to unexpected or emergent circumstances.Section 4.
Emergency Response Training and Coordination.(1)
DJJ shall contact local law enforcement to:(a)
Obtain memoranda of understanding with local law enforcement for emergency response; and(b)
Include them in emergency response training involving DJJ facilities.(2)
A juvenile detention center or a youth development center shall conduct monthly training for staff concerning emergency response. The monthly training may include:(a)
Riot;(b)
Fire;(c)
Tornado;(d)
Mass evacuation;(e)
Facility infrastructure failure;(f)
Search; or(g)
Other topics related to proper response to unexpected or emergent circumstances.VICKI REED, Commissioner
APPROVED BY AGENCY: May 15, 2023
FILED WITH LRC: May 15, 2023 at noon
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on June 21, 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 June 30, 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 Barker, Assistant General Counsel, Justice & Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601, phone (502) 564-3279, fax (502) 564-6686, email Justice.RegsContact@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Amy Barker
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation authorizes the creation of cell entry teams and requires emergency response teams.
(b) The necessity of this administrative regulation:
is: This administrative regulation is needed to comply with requirements in KRS 15A.305(8).
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 15A.305, 605.150, 635.095, 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.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation complies with the requirement in KRS 15A.305(8)(d) for emergency response teams in juvenile detention centers and youth development centers.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
Not applicable
(b) The necessity of the amendment to this administrative regulation:
Not applicable
(c) How the amendment conforms to the content of the authorizing statutes:
Not applicable
(d) How the amendment will assist in the effective administration of the statutes:
Not applicable
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This affects approximately 518 DJJ employees, 300 juveniles, and their families.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
DJJ must establish the teams, train the teams, and establish monthly drills for the emergency response team. Staff will have to follow the requirements in the administrative regulation. Juveniles and their families will be made aware of the establishment of the cell entry teams and ERTs and their activities.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
An exact cost is unknown, but devices including conductive energy devices and chemical agents, 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 numerous administrative regulations being filed.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The operational changes will assist in the effective and orderly management of the department. (5) Provide an estimate of how much it will cost to implement this administrative regulation:
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
An exact cost is unknown, but devices including conductive energy devices and chemical agents, 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 conductive energy devices and chemical agents. These costs are for the numerous administrative regulations being filed.
(b) On a continuing basis:
An exact cost is unknown, but devices including chemical agents will be reacquired as they are used or expire. Training costs will continue to be incurred for new staff authorized to use conductive energy devices and chemical agents. The conductive energy devices, cars with camera equipped security partitions, and other equipment will need to be replaced on an intermittent basis.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
DJJ budgeted funds for the biennium.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
An increase in funding is anticipated as estimated above.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does establish any fee.
(9) TIERING: Is tiering applied?
No. Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it.
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, 15A.0652, 15A.160, 15A.305, 200.080-200.120, 605.150, 635.095, 640.120, 645.250, Chapters 600-645
(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?
This administrative 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?
This administrative 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 conductive energy devices and chemical agents, 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 conductive energy devices and chemical agents. These costs are for the numerous 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 chemical agents will be reacquired as they are used or expire. Training costs will continue to be incurred for new staff authorized to use conductive energy devices and chemical agents. The conductive energy devices, 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?
This administrative regulation is not anticipated to generate any cost savings.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
This administrative regulation is not anticipated to generate any cost savings.
(c) How much will it cost the regulated entities for the first year?
An exact cost is unknown, but devices including conductive energy devices and chemical agents, 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 conductive energy devices and chemical agents. These costs are for the numerous administrative regulations being filed.
(d) How much will it cost the regulated entities for subsequent years?
An exact cost is unknown, but devices like chemical agents will be reacquired as they are used or expire. Training costs will continue to be incurred for new staff authorized to use conductive energy devices and chemical agents. The conductive energy devices, 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 to the agency for the purchase of equipment and provision of training is anticipated.
STATEMENT OF EMERGENCY
505 KAR 1:200E
An emergency regulation, pursuant to KRS 13A.190(1)(a)(1), is necessary to comply with Section 4 of Senate Bill (SB) 162 enacted during the 2023 Regular Session and meet an imminent threat to public health, safety, and welfare posed by increasingly violent juveniles housed in Department of Juvenile Justice (DJJ) detention centers and post-adjudication facilities. Recent violent events by juveniles at DJJ facilities necessitate immediate action to change options available to the department for control of the facilities and the juveniles contained within them. Section 4 of SB 162 amended KRS 15A.305, and the changes became effective on March 27, 2023. An ordinary administrative regulation is not sufficient because the statutory changes became effective immediately due to SB 162’s emergency declaration, and it will take approximately eight months for an ordinary administrative regulation to become effective. Further, an ordinary administrative regulation is not sufficient because of recent violent events by juveniles at DJJ facilities that put other juveniles 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. An emergency administrative regulation governing a portion of the same subject matter has been filed within the previous nine months. This emergency administrative regulation is different from the previously filed administrative regulation because it places the relevant policy or policies directly in regulation rather than incorporating them by reference. It also includes additional provisions required by SB 162’s changes to KRS 15A.305 and applies to additional types of DJJ facilities.
ANDY BESHEAR, Governor
VICKI REED, Commissioner
JUSTICE AND PUBLIC SAFETY CABINET
Department of Juvenile Justice
(New Emergency Administrative Regulation)
505 KAR 1:200E.Cell entry teams, emergency response teams, and emergency response training.
Section 1.
Definitions.(1)
"Cell entry team" means a team of staff that are deployed to remove a juvenile from a cell or other confined area.(2)
"Emergency Response Team" or "ERT" means a team of staff trained and equipped to respond to emergencies within facilities operated by the department, including:(a)
Natural disaster;(b)
Riot, fire, or any other occurrence that create a risk to the safety or security of the facility, juveniles, staff, or volunteers;(c)
The escape of a juvenile from a facility operated by the department; or(d)
Other similarly emergent events.Section 2.
Cell Entry Team.(1)
The department may establish and train cell entry teams.(2)
The department shall use reasonable force necessary to gain the compliance of a juvenile during a cell entry or other action by a cell entry team.(3)
A juvenile shall comply with the orders of a cell entry team.Section 3.
Emergency Response Team.(1)
The department shall establish and train emergency response teams for detention centers and youth development centers.(2)
If a use of force is necessary during any emergency to which the ERT responds, the ERT shall use only reasonable force to resolve the emergency.(3)
The ERT shall conduct monthly drills for emergency response. The monthly drills may include:(a)
Riot;(b)
Fire;(c)
Tornado;(d)
Mass evacuation;(e)
Facility infrastructure failure;(f)
Search; or(g)
Other topics related to proper response to unexpected or emergent circumstances.Section 4.
Emergency Response Training and Coordination.(1)
DJJ shall contact local law enforcement to:(a)
Obtain memoranda of understanding with local law enforcement for emergency response; and(b)
Include them in emergency response training involving DJJ facilities.(2)
A juvenile detention center or a youth development center shall conduct monthly training for staff concerning emergency response. The monthly training may include:(a)
Riot;(b)
Fire;(c)
Tornado;(d)
Mass evacuation;(e)
Facility infrastructure failure;(f)
Search; or(g)
Other topics related to proper response to unexpected or emergent circumstances.VICKI REED, Commissioner
APPROVED BY AGENCY: May 15, 2023
FILED WITH LRC: May 15, 2023 at noon
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on June 21, 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 June 30, 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 Barker, Assistant General Counsel, Justice & Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601, phone (502) 564-3279, fax (502) 564-6686, email Justice.RegsContact@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Amy Barker
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation authorizes the creation of cell entry teams and requires emergency response teams.
(b) The necessity of this administrative regulation:
is: This administrative regulation is needed to comply with requirements in KRS 15A.305(8).
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 15A.305, 605.150, 635.095, 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.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation complies with the requirement in KRS 15A.305(8)(d) for emergency response teams in juvenile detention centers and youth development centers.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
Not applicable
(b) The necessity of the amendment to this administrative regulation:
Not applicable
(c) How the amendment conforms to the content of the authorizing statutes:
Not applicable
(d) How the amendment will assist in the effective administration of the statutes:
Not applicable
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This affects approximately 518 DJJ employees, 300 juveniles, and their families.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
DJJ must establish the teams, train the teams, and establish monthly drills for the emergency response team. Staff will have to follow the requirements in the administrative regulation. Juveniles and their families will be made aware of the establishment of the cell entry teams and ERTs and their activities.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
An exact cost is unknown, but devices including conductive energy devices and chemical agents, 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 numerous administrative regulations being filed.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The operational changes will assist in the effective and orderly management of the department. (5) Provide an estimate of how much it will cost to implement this administrative regulation:
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
An exact cost is unknown, but devices including conductive energy devices and chemical agents, 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 conductive energy devices and chemical agents. These costs are for the numerous administrative regulations being filed.
(b) On a continuing basis:
An exact cost is unknown, but devices including chemical agents will be reacquired as they are used or expire. Training costs will continue to be incurred for new staff authorized to use conductive energy devices and chemical agents. The conductive energy devices, cars with camera equipped security partitions, and other equipment will need to be replaced on an intermittent basis.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
DJJ budgeted funds for the biennium.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
An increase in funding is anticipated as estimated above.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does establish any fee.
(9) TIERING: Is tiering applied?
No. Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it.
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, 15A.0652, 15A.160, 15A.305, 200.080-200.120, 605.150, 635.095, 640.120, 645.250, Chapters 600-645
(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?
This administrative 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?
This administrative 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 conductive energy devices and chemical agents, 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 conductive energy devices and chemical agents. These costs are for the numerous 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 chemical agents will be reacquired as they are used or expire. Training costs will continue to be incurred for new staff authorized to use conductive energy devices and chemical agents. The conductive energy devices, 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?
This administrative regulation is not anticipated to generate any cost savings.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
This administrative regulation is not anticipated to generate any cost savings.
(c) How much will it cost the regulated entities for the first year?
An exact cost is unknown, but devices including conductive energy devices and chemical agents, 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 conductive energy devices and chemical agents. These costs are for the numerous administrative regulations being filed.
(d) How much will it cost the regulated entities for subsequent years?
An exact cost is unknown, but devices like chemical agents will be reacquired as they are used or expire. Training costs will continue to be incurred for new staff authorized to use conductive energy devices and chemical agents. The conductive energy devices, 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 to the agency for the purchase of equipment and provision of training is anticipated.