2012 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.
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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.
(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.
Make a determination during the adjudicatory hearing that the child
violated the valid court order; and
3.
(4)
(5)
(6)
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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