Last Action | 03/27/23: signed by Governor (Acts Ch. 105) |
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Title | AN ACT relating to juvenile justice and making an appropriation therefor. |
Bill Documents |
Acts Chapter 105
Current/Final Introduced |
Fiscal Impact Statements |
Corrections Impact
Local Mandate Additional Fiscal Impact Statements Exist |
Bill Request Number | 186 |
Sponsors | K. Bratcher, J. Bauman, S. Bratcher, E. Callaway, B. Chester-Burton, D. Elliott, P. Flannery, K. Fleming, C. Freeland, J. Hodgson, DJ Johnson, M. Lockett, C. Massaroni, K. Moser, J. Nemes, D. Osborne, S. Rawlings, B. Reed, S. Rudy, N. Tate, K. Timoney, B. Wesley, W. Williams, S. Witten |
Summary of Original Version | Amend KRS 610.030 to require a report to the court of truancy cases when there is no action implemented by the response team within 90 days; require a court-designated worker to make a finding if diversion is failed due to lack of parental cooperation; allow a court to refer cases back to the court-designated worker and order parental cooperation; amend KRS 610.990 to establish penalty; amend KRS 610.265 to require children charged with serious felony offenses to be detained pending a detention hearing and to be evaluated for treatment; amend KRS 610.340 to provide that confidentiality does not apply to cases in which a child has admitted to or been adjudicated for a violent felony offense for five years; direct renovations to the Jefferson County Youth Detention Center; APPROPRIATION. |
Index Headings of Original Version |
Fiscal Note - Jefferson County Youth Detention Center, renovation Corrections Impact - Diversion for minors, Jefferson County Youth Detention Center, renovation Local Mandate - Diversion for minors, Jefferson County Youth Detention Center, renovation Courts, District - Diversion for minors, order requiring parental cooperation Courts, District - Referral for truancy cases, court-designated worker Crimes and Punishments - Violent felony offenses by minors, detention, no confidentiality requirement Courts, Family - Diversion for minors, order requiring parental cooperation Courts, Family - Referral for truancy cases, court-designated worker Appropriations - Jefferson County Youth Detention Center, renovation Children and Minors - Court referral for truancy cases, court-designated worker Children and Minors - Probation violations, probationary period, requirements Children and Minors - Violent felony offenses, detention, no confidentiality requirement |
Jump to Proposed Amendments |
House Committee Substitute 1 with Fiscal Impact Statements House Committee Substitute 2 with Fiscal Impact Statements House Floor Amendment 1 House Floor Amendment 2 House Floor Amendment 3 House Floor Amendment 4 House Floor Amendment 5 House Floor Amendment 6 House Floor Amendment 7 House Floor Amendment 8 House Floor Amendment 9 House Floor Amendment 10 House Floor Amendment 11 House Floor Amendment 12 Senate Committee Substitute 1 with Fiscal Impact Statements Senate Floor Amendment 1 |
Votes | Vote History |
02/07/23 |
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02/09/23 |
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02/15/23 |
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02/16/23 |
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02/21/23 |
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02/24/23 |
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02/28/23 |
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03/01/23 |
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03/03/23 |
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03/07/23 |
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03/08/23 |
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03/13/23 |
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03/14/23 |
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03/15/23 |
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03/16/23 |
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03/27/23 |
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Amendment | House Committee Substitute 1 |
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Fiscal Impact Statements |
Corrections Impact to House Committee Substitute 1
Fiscal Note to House Committee Substitute 1 Local Mandate to House Committee Substitute 1 |
Summary | Retain original provisions, except require court review of FAIR team inaction to be on the record; mandate that an intentional violation of a court order for parental cooperation is a violation of KRS 530.070(1)(c); require children mandatorily detained to be examined for cognitive behavioral issues and substance use disorder and require the Justice and Public Safety Cabinet to contract with a qualified mental health professional to provide any recommended treatment; remove limit on funding source; change appropriation amount from $8,900,000 to $8,950,700; APPROPRIATION. |
Index Headings |
Courts, District - Diversion for minors, order requiring parental cooperation Courts, District - Referral for truancy cases, court-designated worker Crimes and Punishments - Violent felony offenses by minors, detention, no confidentiality requirement Courts, Family - Diversion for minors, order requiring parental cooperation Courts, Family - Referral for truancy cases, court-designated worker Appropriations - Jefferson County Youth Detention Center, renovation Children and Minors - Court referral for truancy cases, court-designated worker Children and Minors - Probation violations, probationary period, requirements Children and Minors - Violent felony offenses, detention, no confidentiality requirement Corrections Impact - Violent felony offenses by minors, detention, no confidentiality requirement Local Mandate - Violent felony offenses by minors, detention, no confidentiality requirement Fiscal Note - Jefferson County Youth Detention Center, renovation |
Amendment | House Committee Substitute 2 |
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Fiscal Impact Statements |
Corrections Impact to House Committee Substitute 2
Local Mandate to House Committee Substitute 2 |
Summary | Retain original provisions, except require court review of FAIR team inaction to be on the record; mandate that an intentional violation of a court order for parental cooperation is a violation of KRS 530.070(1)(c); require children mandatorily detained to be examined to determine if the child could benefit from cognitive behavioral therapy, other evidence-based behavioral health programs, or substance use disorder treatment; require the Justice and Public Safety Cabinet to contract with a qualified mental health professional and a behavioral health services organization to provide any recommended treatment; provide that restorative practices may be utilized for children who have been found guilty of a crime; provide that communications between the child and provider are privileged; provide that the mandatory detention provision shall not apply to children ten and younger; require records to be made public for three years for children who have admitted to or been adjudicated for a crime under KRS 532.200 and allow automatic sealing of records if there are no additional public offenses within that period; define "admission"; remove limit on funding source; change appropriation amount from $8,900,000 to $17,100,000, if deeded to Commonwealth prior to July 1 , 2023; provide that renovated center shall be owned by the Commonwealth; mandate that the Cabinet for Health and Family Services shall provide youth in detention with Medicaid benefits; add appropriation for increased transportation costs to the Department of Juvenile Justice; add appropriation for additional staffing needs at juvenile detention centers; add appropriation for renovation of Jefferson Regional Youth Detention Center at Lyndon; APPROPRIATION. |
Index Headings |
Children and Minors - Violent felony offenses, detention, no confidentiality requirement Corrections Impact - Violent felony offenses by minors, detention, no confidentiality requirement Courts, District - Diversion for minors, order requiring parental cooperation Courts, District - Referral for truancy cases, court-designated worker Crimes and Punishments - Violent felony offenses by minors, detention, no confidentiality requirement Local Mandate - Violent felony offenses, detention, no confidentiality requirement Courts, Family - Diversion for minors, order requiring parental cooperation Courts, Family - Referral for truancy cases, court-designated worker Appropriations - Jefferson County Youth Detention Center, renovation Children and Minors - Court referral for truancy cases, court-designated worker Children and Minors - Probation violations, probationary period, requirements |
Amendment | House Floor Amendment 1 |
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Sponsor | K. Moser |
Summary | Require the Justice and Public Safety Cabinet to contract with at least one behavioral health services organization that is accredited and qualified to provide behavioral health treatment, including restorative practices to provide treatment to detained children; to establish that communication between a detained child and qualified mental health professional or a behavioral health service provider shall be privileged under the Kentucky Rules of Evidence. |
Index Headings |
Courts, District - Diversion for minors, order requiring parental cooperation Courts, District - Referral for truancy cases, court-designated worker Crimes and Punishments - Violent felony offenses by minors, detention, no confidentiality requirement Courts, Family - Diversion for minors, order requiring parental cooperation Courts, Family - Referral for truancy cases, court-designated worker Children and Minors - Court referral for truancy cases, court-designated worker Children and Minors - Probation violations, probationary period, requirements Children and Minors - Violent felony offenses, detention, confidentiality requirement |
Amendment | House Floor Amendment 2 |
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Sponsor | K. Moser |
Summary | Direct the Cabinet for Health and Family Services to provide Medicaid benefits to youth in juvenile detention to the extent permitted by the federal Centers for Medicare and Medicaid Services. |
Index Headings |
Public Medical Assistance - Medicaid benefits for youth in juvenile detention Medicaid - Medicaid benefits for youth in juvenile detention Children and Minors - Medicaid benefits for youth in juvenile detention |
Amendment | House Floor Amendment 3 |
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Sponsor | N. Kulkarni |
Summary | Retain original provisions; remove provision that provided that confidentiality does not apply to cases in which a child has admitted to or been adjudicated for a violent felony offense for five years and replace it with provision that provides confidentiality does not apply to records of public offense actions defined in KRS 600.020 resulting in adjudication or to law enforcement agencies for background checks. |
Index Headings |
Crimes and Punishments - Violent felony offenses by minors, no confidentiality requirement Firearms and Weapons - Background checks for purchase of firearms, no confidentiality requirement Peace Officers and Law Enforcement - Background checks for purchase of firearms, no confidentiality requirement |
Amendment | House Floor Amendment 4 |
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Sponsor | N. Kulkarni |
Summary | Retain original provisions; provide that children accused of committing a public offense that would be a violent felony offense if they were an adult may be detained, instead of shall. |
Index Headings |
Children and Minors - Violent felony offense by minors, detention optional Crimes and Punishments - Violent felony offenses by minors, detention optional |
Amendment | House Floor Amendment 5 |
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Sponsor | N. Kulkarni |
Summary | Retain original provisions; any other evidence-based mental health treatment as the required treatment to be provided to juveniles in detention. |
Index Headings |
Children and Minors - Treatment for minors, detention Crimes and Punishments - Treatment for minors, detention |
Amendment | House Floor Amendment 6 |
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Sponsor | N. Kulkarni |
Summary | Retain original provisions; provide that a report by the FAIR team and finding by a court designated worker for lack of parental cooperation must be for willful noncompliance. |
Index Headings |
Courts, District - Referral for truancy cases, court designated worker Courts, Family - Referral for truancy cases, court designated worker |
Amendment | House Floor Amendment 7 |
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Sponsor | A. Tackett Laferty |
Summary | Retain original provisions; mandate that the Department of Juvenile Justice develop and submit a plan to the Kentucky General Assembly for the construction of a regional juvenile detention center in Pike or Floyd County, Kentucky. |
Index Headings | State Agencies - Department of Juvenile Justice, construction plan |
Amendment | House Floor Amendment 8 |
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Sponsor | L. Burke |
Summary | Retain original provisions; provide that a report by the FAIR team and finding by a court designated worker for lack of parental cooperation must be for willful noncompliance. |
Index Headings |
Courts, District - Referral for truancy cases, court designated worker Courts, Family - Referral for truancy cases, court designated worker |
Amendment | House Floor Amendment 9 |
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Sponsor | A. Gentry |
Summary | Retain original provisions; remove provision that provided that confidentiality does not apply to cases in which a child has admitted to or been adjudicated for a violent felony offense for five years. |
Index Headings | Crimes and Punishments - Offenses by minors, confidentiality |
Amendment | House Floor Amendment 10 |
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Sponsor | N. Kulkarni |
Summary | Retain original provisions; provide that children accused of committing a public offense that would be a violent felony offense if they were an adult may be detained, instead of shall. |
Index Headings |
Crimes and Punishments - Violent felony offenses by minors, detention optional Children and Minors - Violent felony offense by minors, detention optional |
Amendment | House Floor Amendment 11 |
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Sponsor | K. Herron |
Summary | Retain original provisions; remove provision that provided that confidentiality does not apply to cases in which a child has admitted to or been adjudicated for a violent felony offense for five years and replace it with provision that provides confidentiality does not apply to records of public offense actions defined in KRS 600.020 resulting in adjudication or to law enforcement agencies for background checks. |
Index Headings |
Crimes and Punishments - Violent felony offenses by minors, no confidentiality requirement Firearms and Weapons - Background checks for purchase of firearms, no confidentiality requirement Peace Officers and Law Enforcement - Background checks for purchase of firearms, no confidentiality requirement |
Amendment | House Floor Amendment 12 |
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Sponsor | A. Tackett Laferty |
Summary | Retain original provisions; mandate that the Department of Juvenile Justice develop and submit a plan to the Kentucky General Assembly for the construction of a regional juvenile detention center in Pike or Floyd County, Kentucky. |
Index Headings | State Agencies - Department of Juvenile Justice, construction plan |
Amendment | Senate Committee Substitute 1 |
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Fiscal Impact Statement | Fiscal Note to Senate Committee Substitute 1 |
Summary | Retain original provisions; require a court-designated worker or court-designated specialist to contact the school district of any child entering into a diversion agreement, to obtain specified information; require court-designated specialists to make all details of diversion agreements available electronically to members of the FAIR team, on a platform to be provided by AOC; allow the FAIR team to refer cases to the cabinet, for dependency, neglect, or abuse investigations; delay mandatory detention provision to July 1, 2024; allow children in detention visitation from nonprofit or community organizations to connect them with resources; require children detained or committed post-adjudication to be assessed and provided any recommended treatment; establish that treatment provided by DJJ may be through a contract; amend appropriation amounts; remove appropriation for transporation needs; remove appropriation for staffing needs; APPROPRIATION. |
Index Headings |
Courts - Electronic platform, provided by AOC, requirement Courts, District - Diversion for minors, order requiring parental cooperation Courts, District - Referral for truancy cases, court-designated worker Crimes and Punishments - Violent felony offenses by minors, detention, no confidentiality requirement Education, Elementary and Secondary - School districts, information provided, requirement Courts, Family - Diversion for minors, order requiring parental cooperation Courts, Family - Referral for truancy cases, court-designated worker Appropriations - Jefferson County Youth Detention Center, renovation Children and Minors - Cabinet for Health and Family Services referrals, FAIR teams Children and Minors - Court referral for truancy cases, court-designated worker Children and Minors - Probation violations, probationary period, requirements Children and Minors - Violent felony offenses, detention, no confidentiality requirement Fiscal Note - Diversion for minors |
Amendment | Senate Floor Amendment 1 |
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Sponsor | G. Neal |
Summary | Retain original provisions; require officers to notify the court designated worker and District Judge when they take a child into custody pursuant to the Act; require court designated worker to refer complaints to the county attorney; require the District Judge to decide whether to further detain the child or release the child to the court designated worker. |
Index Headings |
Courts, District - Detained children, Distict Judge, notification Peace Officers and Law Enforcement - Detained children, court designated worker, notification |
Last updated: 11/9/2023 3:03 PM (EST)