.305   Statewide detention program -- Alternatives to secure detention -- Per diem charge to lodge juveniles in state-owned or contracted preadjudication facilities -- Fiscal court approval before state takeover, purchase, or control.

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15A.305 Statewide detention program -- Alternatives to secure detention -- Per
diem charge to lodge juveniles in state-owned or contracted preadjudication
facilities -- Fiscal court approval before state takeover, purchase, or control.
(1)
The Department of Juvenile Justice shall, with available funds, develop and
administer a statewide detention program and, as each regional facility is
constructed and ready for occupancy, shall, within appropriation limitations,
provide for:
(a)  The operation of preadjudication detention facilities for children charged with
public offenses; and
(b)  The operation of postadjudication detention facilities for children adjudicated
delinquent or found guilty of public offenses.
(2)
In each region in which the Department of Juvenile Justice operates or contracts for
the operation of a detention facility, the department shall, within appropriation
limitations, develop and administer a program for alternatives to secure detention
that shall provide for:
(a)  The operation of or contracting for the operation of preadjudication
alternatives to secure detention and follow-up programs for juveniles who are
before the court and who enter pretrial diversion or informal adjustment
programs; and
(b)  The operation of or contracting for the operation of postadjudication
alternatives to secure detention and follow-up programs, including but not
limited to community-based programs, mentoring, counseling, and other
programs designed to limit the unnecessary use of secure detention and ensure
public safety.
(3)
The department may, except as provided in KRS 635.060, charge counties,
consolidated local governments, and urban-county governments a per diem not to
exceed ninety-four dollars ($94) for lodging juveniles in state-owned or contracted
facilities.
(4)
Detention rates charged by contracting detention facilities shall not exceed the rate
in effect on July 1, 1997, subject to increases approved by the department.
(5)
No juvenile detention facility, as defined in KRS 15A.200, shall be taken over,
purchased, or leased by the Commonwealth without prior approval of the fiscal
court upon consultation with the jailer in the county where the facility is located.
The county, upon consultation with the jailer, may enter into contracts with the
Commonwealth for the holding, detention, and transportation of juveniles.
Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 257, sec. 7, effective July 15, 2002; and ch. 346,
sec. 6, effective July 15, 2002. -- Created 1998 Ky. Acts ch. 606, sec. 2, effective
July 15, 1998.
Legislative Research Commission Note (7/15/2002). This section was amended by
2002 Ky. Acts chs. 257 and 346, which do not appear to be in conflict and have been
codified together.
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