Title 505 | Chapter 001 | Regulation 380


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505 KAR 1:380.Mail, visiting, and telephone use.

Section 1.

Mail.

(1)

Notification that mail is subject to search and inspection shall be given to the juvenile and mailed to the juvenile's parent or caregiver within twenty-four (24) hours of admission.

(2)

If a juvenile bears the mailing cost, there shall not be a limit on the volume of letters a juvenile may send or receive.

(3)

A juvenile shall be allowed to mail five (5) first class letters each week, at no cost to the juvenile. The juvenile shall be allowed unlimited postage to contact juvenile's attorney. The postage allowance shall not be transferable to another juvenile.

(4)

Mail received by the facility for the juvenile shall not be held more than twenty-four (24) hours, and packages shall not be held more than forty-eight (48) hours, excluding weekends and holidays. In an emergency situation in which normal facility procedure, policy, or activity is disrupted due to riot, escape, fire, natural disaster, employee action, or other serious incident, mail shall be delivered according to schedule when normal procedure and activity is restored.

(5)

A first class letter or a package received for a juvenile who has been transferred or released shall be forwarded to the address designated by the juvenile or to the receiving facility. If there is no forwarding address, it shall be returned to the sender.

(6)

A juvenile may send and receive a sealed, first class letter to and from court, counsel, and officials of DJJ or the Justice and Public Safety Cabinet, as well as those individuals on their approved mail list.

(a)

Staff, in the presence of the juvenile, may inspect outgoing mail for contraband before it is sealed; and

(b)

Mail received by the juvenile, from those listed in this subsection, shall be opened only to inspect for contraband and only in the presence of the juvenile, unless waived in writing, marked as not privileged by the sender, or in circumstances that may indicate contamination.

(7)

Mail shall be given to the facility manager for a restriction determination, if the mail:

(a)

Is marked with gang signs, symbols, or writing on the envelope;

(b)

Is from a parent or other individual with a no contact order; or

(c)

Was received from an incarcerated individual at another juvenile facility or correctional institution.

(8)

Cash, checks, or money orders shall be removed from incoming mail and deposited in the juvenile's personal account with a receipt given to the juvenile.

(9)

The treatment team shall assess the appropriateness of publications received by a juvenile on a case-by-case basis. Restrictions to access shall be directly related to the maintenance of facility order, treatment, or security.

(10)

The facility manager or designee shall notify the juvenile in writing if a mail restriction has occurred or a mail item has been returned.

(11)

A facility shall inform a juvenile at orientation of the hours and procedures for mail and procedures regarding the approved senders list.

Section 2.

Telephone Use.

(1)

Telephone services available for a juvenile shall be reasonably priced with rates and charges commensurate with those charged to the general public for like services.

(2)

A juvenile with a hearing or speech disability shall be given access to a Telecommunications Device for the Deaf or comparable equipment.

(3)

A facility shall notify a juvenile at orientation of the hours and procedures for telephone access and procedures regarding the approved callers list.

(4)

A juvenile shall require approval to make a telephone call.

(5)

Procedures for access to the telephone may relate to the progress of the juvenile, as demonstrated by advancement through the level system, except calls to and from the juvenile's legal representative, juvenile service worker, or parent or guardian.

(6)

A juvenile shall be permitted phone contact with a parent or caregiver not less than once per week, unless the facility manager determines there is a threat to facility order, treatment, or security.

(7)

A juvenile shall be permitted phone contact with their attorney as needed, but the timing of the contact may be impacted by operational issues.

(8)

Calls may be monitored, except calls to and from the juvenile's legal representative.

(9)

Any telephone messages shall be transmitted to a juvenile as soon as practicable, but within twenty-four (24) hours.

Section 3.

In Person Visitation.

(1)

Visitation information shall be communicated to the juvenile and parent or caregiver within seventy-two (72) hours of admission.

(2)

A juvenile shall have an approved visitors list.

(3)

A secure program may retain the visitor's ID as the visitor signs in.

(4)

A visitor of a juvenile shall be subject to search.

(5)

Dress. A visitor shall be appropriately dressed. Lewd, revealing, transparent, gang affiliated, drug or alcohol affiliated, or offensive clothing, or any apparel that conveys a message contrary to treatment goals shall not be worn.

(6)

Visitation suspension. Visitation suspension shall be approved by the facility manager or designee. Temporary suspension of visitation may occur for a juvenile or visitor due to a facility disruption or to support treatment goals as follows:

(a)

For a visitor:

1.

The visitor shall be notified of the suspension, in writing, within five (5) business days of the suspension determination; and

2.

This notification shall include the conditions under which the suspension of visitation may be lifted.

(b)

For a juvenile:

1.

The juvenile shall be notified of the suspension;

2.

This notice shall include the conditions under which the suspension of visitation may be lifted; and

3.

Notification of the suspension shall be sent to the juvenile and parent or caregiver.

(c)

To support treatment goals:

1.

The temporary suspension shall require recommendation by the treatment team; and

2.

Notification of the suspension shall be sent to the parent or caregiver.

(7)

A visitor may be excluded from contact with a juvenile and the facility for the following reasons:

(a)

Involvement in the juvenile's offense;

(b)

Posing a threat to the safety of the juvenile or the security of the facility;

(c)

Refusal to follow facility rules or procedures, including search;

(d)

Appearing intoxicated or under the influence of drugs; or

(e)

Facility documentation of a substantiated disruption during a previous visitation.

(8)

Denial of visitation privileges shall be documented in writing. A copy of the denial and justification shall be sent to the excluded individual within five (5) business days of the denial determination.

(9)

If available, teleconferencing or video conferencing may be coordinated by the juvenile's counselor with the juvenile service worker as a means for the parent or caregiver to contact the juvenile.

Section 4.

Approved List.

(1)

A person that a juvenile may correspond with, telephone, or see for a visit shall be on the list approved by the facility manager or designee in consultation with the treatment team. The list shall include:

(a)

Immediate family members;

(b)

Guardian;

(c)

Caregiver;

(d)

Attorney; and

(e)

Religious counselor.

(2)

Factors to be considered in approving a person for the list shall include:

(a)

Treatment progress or disruption; and

(b)

Safety or security of the juvenile, others, or the facility.

(3)

An attorney shall not be disapproved except for introduction of contraband or other safety or security issue.

(4)

Once approved, the superintendent and treatment team may exclude a person on the list based on a treatment or safety and security issue.

(5)

An approved visitor shall provide the visitor's own transportation for visits.

Section 5.

Group Visits.

(1)

Any juvenile shall be permitted visitation from individuals representing organizations in the community.

(2)

 

(a)

Group visits shall be limited to those groups who have a legitimate, beneficial purpose for the juvenile or facility; and

(b)

Each individual within a group shall be subject to the same requirements established for individual visitation.

(3)

A group wishing to schedule a visit to a facility or a specific juvenile shall require advance approval from the facility manager.

(a)

A group shall provide a written request for a visit, at least fourteen (14) days in advance, to the facility manager or designee for review. The request shall include:

1.

The name of each person who intends to visit;

2.

The purpose of the visit;

3.

The primary contact for the group with phone number and email address; and

4.

The juveniles whom the group intends to visit by description or name, if the group does not intend the visit to include all juveniles in the facility.

(b)

The facility manager or designee may request additional information from the group prior to a decision concerning the visit.

(c)

The facility manager or designee shall send a notice of the decision concerning the visit to the group primary contact at least five (5) days prior to the requested visit.

(4)

A juvenile may refuse to visit with the group.

(5)

A group that has been previously approved to visit may request a visit with seven (7) days' notice.

HISTORY: (50 Ky.R. 268, 1105; eff. 3-5-2024.)

VICKI REED, Commissioner
APPROVED BY AGENCY: October 12, 2023
FILED WITH LRC: October 12, 2023 at 3:15 p.m.
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 establishes requirements and procedures for mail, visitation, and telephone use for juveniles in juvenile detention centers, youth development centers, and group homes.
(b) The necessity of this administrative regulation:
This administrative regulation meets statutory authorization or requirements in KRS 15A.065(1), 15A.0652, 15A.160, 605.150, 635.095, and 640.120 for administrative regulations.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 15A.065(1), 15A.0652, 15A.160, 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:
The regulation provides direction and information to department staff and juveniles concerning procedures that govern operations of facilities with juveniles in the custody of the department.
(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:
This is a new administrative regulation.
(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 632 DJJ employees, 348 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 staff and juveniles will have to be aware of and comply with the rules concerning visits, mail, and telephone use.
(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 of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The administrative regulation will assist in the effective and orderly management of the department and its facilities.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
(b) On a continuing basis:
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
(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 not anticipated.
(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?
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, 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 of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
(d) How much will it cost to administer this program for subsequent years?
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
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 of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
(d) How much will it cost the regulated entities for subsequent years?
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
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 is not anticipated.

7-Year Expiration: 3/5/2031

Last Updated: 3/13/2024


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