Delinquency Services Summary
Centralized State: The state executive branch provides most delinquency services in Kentucky. The Department of Juvenile Services, within the Administrative Office of the Courts, Kentucky Court of Justice, is responsible for delinquency intake screening. The Department of Juvenile Justice is responsible for most detention services, predisposition investigations, probation supervision, the juvenile corrections continuum, commitment and release, and aftercare/re-entry.

Court(s) with Delinquency Jurisdiction
District Courts exercise jurisdiction over delinquency proceedings. District Courts are limited jurisdiction trial courts. For more information, visit the District Court page on the Administrative Office of the Courts web site.

Highlights

New Law Addresses Access to Juvenile Court Records
House Bill 3, passed into law in March 2006, allows law enforcement agencies to access juvenile court records during the course of criminal investigations. In addition, the bill expands public access to information about juveniles who commit certain felony offenses (burglaries as well as most violent and sexual crimes); the obtainable information includes juveniles’ names, charges, and results of court proceedings.

Department of Juvenile Justice’s Mental Health Branch
The Mental Health Branch was established in 2000 within the Department of Juvenile Justice (DJJ) to provide sex offender assessment and treatment services as well as substance abuse treatment, mental health counseling, and consultation to youth involved in DJJ’s programs. For example, each Youth Development Center has a qualified mental health professional, usually a psychologist, who oversees the treatment program and conducts the initial assessment and periodic reviews of youth whose stay may exceed six months. Each facility has a contract psychiatrist who spends at least 4 hours/week on average at the program. In group homes, detention centers, and day treatment centers, community mental health centers may provide needed mental health services.

Detention
The Department of Juvenile Justice (DJJ) administers all detention facilities in Kentucky with the exception of Louisville Metro Youth Detention Center in Jefferson County.

Detention options for juveniles include secure detention, holding facilities, intermittent holding facilities (including some county jails), staff secure shelters, home detention, home incarceration, electronic monitoring, intensive community supervision, or foster homes. Kentucky uses a detention custody continuum, with the least restrictive being home detention and the most restrictive being secure detention. Juveniles can go up or down the continuum depending on compliance with programs.

The Alternatives to Detention (ATD) system employs 11 Detention Alternatives Coordinators who work in regional detention centers and serve as the gatekeepers for court referrals of juveniles to the ATD programs. A risk assessment evaluation tool (Detention Risk Assessment) determines detention placement. Risk factors assessed include whether the juvenile is a danger to himself or others; whether he or she is likely to appear at subsequent hearings; severity of offense; risk of re-offending; and factors such as substance abuse, school achievement/behavior, history of court involvement, and family and peer relationships.

By statute, juveniles can be held in detention if they are a danger to themselves or others or to ensure their appearance at subsequent hearings. Detention is used to hold youth preadjudication and predisposition and may be used as a disposition. Youth older than 14 but younger than 16 can serve detention dispositions of up to 45 days, and youth older than 16 can be detained for up to 90 days. Detention can be used as a sanction, at any age, when a youth commits contempt of court. Finally, juveniles can be placed in detention for up to 35 days awaiting placement in a treatment program. If held preadjudication, a detention hearing must be held within 24 hours if a juvenile is in an intermittent holding facility, and within 48 hours if held in a secure detention facility.

Delinquency Intake Screening
Law enforcement personnel, parents, school officials, and community members may file complaints against juveniles. Court Designated Workers (CDW) from the Kentucky Court of Justice, Administrative Office of the Courts, Department of Juvenile Services receives all referrals concerning delinquent youth. Each of Kentucky's 120 counties has a CDW that is available to law enforcement 24 hours a day, 7 days a week. Once a complaint is received, it is subject to a probable cause review by the county attorney, who can then dismiss the complaint or allow the CDW to proceed with the intake process.

Kentucky statute mandates that Court Designated Workers notify juveniles about the charges and complete a preliminary inquiry. Law enforcement officers usually determine charges against the juvenile, but this may vary depending on who files the complaint. Using uniform, offense-based criteria developed by the American Bar Association, the CDW determines if the juvenile is eligible for diversion or should be referred to the juvenile court. The county attorney's office is required to pre-approve any cases designated for diversion. If the juvenile is a repeat offender or is charged with serious offenses, the CDW will refer the case to the clerk of the juvenile court, who will then carry the petition to the court, instead of diverting the case.

Diversion
If the juvenile meets the criteria for diversion (minor offenses or up to three prior diversions for misdemeanors), the Court Designated Worker (CDW) will refer the case to the county attorney for review; this is called notice of right to special review. After the county attorney reviews the case and approves it for diversion, a formal conference between the CDW and the juvenile and his or her parents is held. The juvenile may enter into a voluntary diversion contract designed to resolve the complaint.

Diversion options vary depending on the jurisdiction, but generally include restitution, community service, education workshops, letters of apology, counseling programs, and substance abuse assessments. Other diversion programs include a tree planting/reclamation project in eastern Kentucky; a theater-based program with an acting troupe from a local university; and a program in which participants collect clothing and toiletries for people who are homeless or are living in war-ravaged areas of the world. For more information, see the Department of Juvenile Services’ Law Related Education web site. Court Designated Workers or community-based agencies usually run diversion programs. The diversion program cannot be longer than six months in duration.

Predisposition Investigation
Juvenile services workers from the Department of Juvenile Justice (DJJ) perform predisposition investigations. A standardized risk/needs assessment tool is not required for making disposition recommendations. DJJ policy provides guidelines for information that must be included in the Pre-Dispositional Investigation (PDI) report, including the juvenile’s prior criminal, dependency, and status offense history, family characteristics, school and employment history, and mental and physical health history. A community risk assessment and a needs assessment (both individual and family needs) may be completed for the PDI.

Victim Rights and Services
The statutory rights of crime victims in Kentucky reside in the Kentucky Revised Statutes, 421.500 to 421.576. While victims of juvenile offenders have the same rights as those of adult offenders, Kentucky’s Crime Victims’ Bill of Rights enumerates special provisions for them. Victims must be notified of all proceedings and the offender's release or escape under certain circumstances, allowed to attend all proceedings, and to access all juvenile court records (pursuant to KRS Chapters 600 to 645). Victims also have the right to submit victim impact statements to the probation officer preparing the predisposition report, and they have 24-hour access to the VINE system (Victim Information and Notification Everyday) for information on the status, location, and release of violent juvenile offenders convicted in the adult courts as youthful offenders.

The Office of the Attorney General, Victims Advocacy Division provides advocacy, notification, and information services for crime victims in Kentucky. It also administers the Victim Defense Fund, which provides grants to fund community-based victim advocates. In addition, the Division holds an annual Victim Assistance Conference for prosecutor and community-based victim advocates. The Crime Victims Compensation Board, within the Department of Public Protection, compensates victims for the emotional, physical, and financial losses that resulted from the crime.

Probation Supervision
Juvenile services workers from the Department of Juvenile Justice (DJJ) provide most community supervision services to delinquent youth throughout the state. However, a few local areas provide some services through grants, state contracts, or local funds. Community (probation) supervision services are organized into five service regions throughout the state (North, East, West, Central, and Southeast). Within each service region, juvenile services workers work out of district and satellite offices that encompass from 1 to 12 counties. Juvenile services workers have only juveniles on their caseloads. The average caseload is 20 juveniles.

DJJ incorporates the balanced approach into its mission to improve public safety by providing balanced, comprehensive services that hold youth accountable and to provide the opportunity for youth to develop into productive, responsible citizens.

Juvenile Intensive Supervision Team (JIST) is a community-based program that targets juveniles on probation who are at high risk for out-of-home placement and committed juveniles leaving residential placements on aftercare who need more intensive supervision than regular community supervision. Teams are made up of one juvenile services worker and one law enforcement officer who make regular contact with youth at their homes, schools, and workplaces.

A risk/needs assessment determines the levels of probation supervision. In addition to court-ordered conditions of probation, juvenile service workers develop a supervision plan (Individual Treatment Plan) with input from the youth and family. Youth placed on community supervision receive support services, such as counseling, treatment, job placement, and vocational training.

Eastern Kentucky University's Department of Correctional and Juvenile Justice Studies has conducted research on the supervision of juvenile offenders, including the effectiveness of supervision through the Juvenile Intensive Supervision Team program. State general funds pay for these studies.

DJJ promulgates and oversees policy standards that govern probation practice. Compliance with the standards is not connected to funding. Kentucky does not have a standard that sets optimal caseload size.

Juvenile Probation Officer Qualifications, Certification, and Training
Juvenile services workers must have bachelor's degrees. Kentucky does not certify its juvenile services workers. However, new juvenile services workers must attend a 40-hour new employee orientation and complete an on-the-job checklist of training needs (a total of 119.5 hours of training) within 6 months of their date of hire. This checklist includes topics such as the juvenile court process, reporting to court, treatment planning, and visiting residential centers. After their first year of employment, juvenile services workers must complete 40-hours of on-going training every year. The Department of Juvenile Justice, Staff Development Division coordinates and funds all training for juvenile services workers in Kentucky.

Juvenile Corrections Continuum
The Department of Juvenile Justice (DJJ) operates 12 Youth Development Centers in Kentucky. Placement security levels include non-secure, staff secure, hardware (locked doors/fencing), and maximum security (security fencing).

Community Corrections
See description of Juvenile Intensive Supervision Team above.

Commitment to State
Commitments to the Department of Juvenile Justice (DJJ) are indeterminate. A team of professionals, including the juvenile services worker and the Classification Branch Manager, makes decisions regarding placement of DJJ-committed youth. Juveniles are placed in a continuum of placements that range from least to most restrictive. DJJ either provides or contracts for programs and services for committed juvenile offenders.

In order to determine placement, a juvenile services specialist completes the classification process, which involves assessing the juvenile's history of violence and most serious prior offense; severity of current offense; history of escape/runaway; substance use; prior placements; and program needs. A score is derived from the assessment and is used to determine a classification/custody level (Level I to V). Possible placements include the youth's own or a relative's home, foster care, group homes, residential treatment centers, youth development centers, and psychiatric facilities. This classification process is being revised.

Blended Sentencing
Youth convicted as 'youthful offenders' (offenders of a certain age convicted of certain violent crimes; see Kentucky Revised Statutes section 635.020) can be sentenced to a juvenile facility; as they age out of the juvenile justice system, they may serve the remainder of their sentence in the criminal justice system. For more information, click here.

Direct Placement
The juvenile court can directly place juveniles in private residential facilities; however, this is not done due to a lack of funds available to support such placements.

Release
The Department of Juvenile Justice (DJJ) generally decides the juvenile's release date from secure custody, unless the court directs otherwise. However, a juvenile can also petition the court for release. Youth convicted of a violent crime are required to serve at least 85% of their sentence in a facility. Youth can either age out of the system or step down to less restrictive placements after completing phases of commitment in the facility, group home, and community. DJJ uses a step down method for moving committed youth toward release. This phase system entails commitment to a residential facility or youth development center followed by placement in a group home, and ends with community supervision, independent living, or outright release. Juveniles committed as 'youthful offenders' go back to the court for the judge's decision on whether they are to serve the remainder of their sentence or be probated.

Aftercare/Re-entry
The Department of Juvenile Justice administers aftercare services, referred to as "parole" in Kentucky. All juveniles transitioning back into the community receive aftercare services unless they age out of the juvenile justice system while in placement. A combination of state and federal funds provide aftercare and intensive aftercare services.

Kentucky is participating in the Office of Justice Program's Serious and Violent Offender Reentry Initiative. For information about Kentucky's involvement, click here. By visiting the State Activities & Resources page, users can read about how other states are using their grants. Descriptions of programs for juveniles follow the descriptions of programs for adults, where applicable.

The Intensive Aftercare Program (IAP) targets youth who pose the highest risk of re-offending upon release to their communities. Juveniles in IAP are placed in the residential treatment programs where an intensive aftercare worker, an aftercare liaison, and the residential facility staff work together to prepare and execute an aftercare plan for the successful transition of juveniles from residential placement to their communities. The program also includes step-down programs after release from the residential treatment program (foster care, group homes, day treatment) and a community phase system (intensive contacts, services and supervision) upon the juvenile’s return to the community.

State Laws

Legal Resources
Kentucky's Juvenile Code is found in sections 600.010 to 640.120 of Title LI - Unified Juvenile Code

Kentucky Bar Association

Purpose Clause
To read Kentucky's purpose clause for delinquency proceedings, click here.

Delinquency Jurisdiction (as of the end of the 2005 legislative session)
Lower Age: None specified
Upper Age: 17
Extended Age of Delinquency Jurisdiction: 18

Juvenile Transfer Laws
For information on Kentucky's juvenile transfer laws, click here.

Juvenile Justice Leadership

Juvenile Justice Advisory Committee
The Juvenile Justice Advisory Committee is the State Advisory Group required by the JJDP Act of 1974. The Governor appoints JJAC's 33 members. JJAC provides policy and legislation recommendations to the Kentucky Department of Juvenile Justice and allocates federal funds for delinquency and truancy prevention, alternatives to detention programs, and programs that promote juvenile accountability.

Kentucky Youth Advocates
Kentucky Youth Advocates lobbies on issues such as child health, juvenile justice, child abuse and neglect, and childcare.

Resources/Contacts
Administrative Office of the Courts, Department of Juvenile Services
Department of Juvenile Justice
Eastern Kentucky University's Department of Correctional and Juvenile Justice Studies
Juvenile Justice Advisory Committee
Kentucky Bar Association
Kentucky Criminal Justice Council (Statistical Analysis Center)
Kentucky Youth Advocates

Mavis E. Williamson
Juvenile Justice Specialist
Department of Juvenile Justice
1025 Capital Center Drive, Third Floor
Frankfort, KY 40601-8205
Phone: (502) 573-2738
Fax: (502) 573-0307

The National Center for Juvenile Justice strives to make each State Profile as accurate as possible. Please bring any errors, updates, or additions to the attention of the State Profiles project manager. Persons listed as state contacts are not responsible for information contained in these profiles.

© 2000 (original copyright); © 2006 (most recent copyright) National Center for Juvenile Justice

Citation: National Center for Juvenile Justice. 2006. "Kentucky." State Juvenile Justice Profiles. Pittsburgh, PA: NCJJ. Online. Available: http://www.ncjj.org/stateprofiles/.