2014 Kentucky Revised Statutes CHAPTER 610 - PROCEDURAL MATTERS 610.265 Detention of children in specified facilities -- Time frame for holding detention hearing -- Release of child required if hearing not held as specified. (Effective until July 1, 2015)
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610.265 Detention of children in specified facilities -- Time frame for holding
detention hearing -- Release of child required if hearing not held as
specified. (Effective until July 1, 2015)
(1)
(2)
(3)
Any child who is alleged to be a status offender or who is accused of being in
contempt of court on an underlying finding that the child is a status offender
may be detained in a nonsecure facility, a secure juvenile detention facility, or a
juvenile holding facility for a period of time not to exceed twenty-four (24)
hours, exclusive of weekends and holidays, pending a detention hearing. Any
child who is accused of committing a public offense or of being in contempt of
court on an underlying public offense may be detained in a secure juvenile
detention facility or juvenile holding facility for a period of time not to exceed
forty-eight (48) hours, exclusive of weekends and holidays or, if neither is
reasonably available, an intermittent holding facility, for a period of time not to
exceed twenty-four (24) hours, exclusive of weekends and holidays, pending a
detention hearing.
Within the period of detention described in subsection (1) of this section,
exclusive of weekends and holidays, a detention hearing shall be held by the
judge or trial commissioner of the court for the purpose of determining whether
the child shall be further detained. At the hearing held pursuant to this
subsection, the court shall consider the nature of the offense, the child's
background and history, and other information relevant to the child's conduct or
condition.
If the court orders a child detained, that detention shall be served as follows:
(a) If the child is charged with a capital offense, Class A felony, or Class B
felony, detention shall occur in either a secure juvenile detention facility or
a juvenile holding facility pending the child's next court appearance
subject to the court's review of the detention order prior to that court
appearance.
(b) Except as provided in KRS 630.080(2), if it is alleged that the child is a
status offender, the child may be detained in a secure juvenile detention
facility for a period not to exceed twenty-four (24) hours after which
detention shall occur in a nonsecure setting approved by the Department
of Juvenile Justice pending the child's next court appearance subject to
the court's review of the detention order prior to the next court
appearance.
(c) If a status offender or a child alleged to be a status offender is charged
with violating a valid court order, the child may be detained in a secure
juvenile detention facility, a juvenile holding facility, or in a nonsecure
setting approved by the Department of Juvenile Justice, for a period not to
exceed forty-eight (48) hours, exclusive of weekends and holidays,
pending the child's next court appearance.
(d) Prior to ordering a status offender or alleged status offender who is
subject to a valid court order securely detained because the child violated
the valid court order, the court shall:
1.
Affirm that the requirements for a valid court order were met at the
time the original order was issued;
2.
(4)
(5)
(6)
Make a determination during the adjudicatory hearing that the child
violated the valid court order; and
3.
Within forty-eight (48) hours after the adjudicatory hearing on the
violation of a valid court order by the child, exclusive of weekends
and holidays, receive and review a written report prepared by an
appropriate public agency that reviews the behavior of the child and
the circumstances under which the child was brought before the
court, determines the reasons for the child's behavior, and
determines whether all dispositions other than secure detention
have been exhausted or are inappropriate. If a prior written report is
included in the child's file, that report shall not be used to satisfy this
requirement. The child may be securely detained for a period not to
exceed forty-eight (48) hours, exclusive of weekends and holidays,
pending receipt and review of the report by the court. The hearing
shall be conducted in accordance with the provisions of KRS
610.060. The findings required by this subsection shall be included
in any order issued by the court which results in the secure or
nonsecure detention of a status offender.
(e) If the child is charged with a public offense, or contempt of court on an
underlying public offense, and the county in which the case is before the
court is not served by a state operated secure detention facility under the
statewide detention plan, detention may occur in a secure juvenile
detention facility, juvenile holding facility, or a nonsecure setting approved
by the Department of Juvenile Justice pending the child's next court
appearance, subject to the court's review of the detention order prior to
that court appearance.
(f) If the child is charged with a public offense, or contempt on a public
offense, and the county in which the case is before the court is served by
a state operated secure detention facility under the statewide detention
plan, the child shall be referred to the Department of Juvenile Justice for a
security assessment and placement in an approved detention facility or
program pending the child's next court appearance.
If, at the hearing conducted under subsection (2) of this section, the court
conducts an adjudicatory hearing on the merits of a violation of a valid court
order, that hearing shall conform to the requirements of KRS 630.080.
If the detention hearing is not held as provided in subsection (1) of this section,
the child shall be released as provided in KRS 610.290.
If the child is not released, the court-designated worker shall notify the parent,
person exercising custodial control or supervision, a relative, guardian, or other
responsible adult, and the Department of Juvenile Justice or the cabinet, as
appropriate.
Effective:July 15, 2008
History: Amended 2008 Ky. Acts ch. 87, sec. 5, effective July 15, 2008. -Amended 2004 Ky. Acts ch. 160, sec. 3, effective April 21, 2004. -- Amended
2000 Ky. Acts ch. 193, sec. 5, effective July 14, 2000. -- Amended 1998 Ky.
Acts ch. 606, sec. 4, effective July 15, 1998. -- Created 1988 Ky. Acts ch. 350,
sec. 32, effective April 10, 1988.
Legislative Research Commission Note (7/15/2008). 2008 Ky. Acts ch. 87, sec. 5
amended KRS 610.265. This amendment inserted the following phrase at the
beginning of subsection (4) of this section: "If, at the hearing conducted under
subsection (3) paragraph (c) of this section, ...". It appears that this reference is
not correct. Subsection (3)(c) of this section does not mention hearings. It
appears that the reference should have been to subsection (2) of KRS 610.265,
which does deal with hearings. The Reviser of Statutes has made this change
under the authority of KRS 7.136(1)(e).
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