HB 3 — AN ACT relating to juvenile justice and making an appropriation therefor.

UNOFFICIALCHAPTER COPY105 231 RSCHAPTER 105 ( HB 3/EN3 ) AN ACT relating to juvenile justice and making an appropriation therefor.

In any case where the court-designated worker finds that the complaint is incomplete, the court-designatedcourt- designated worker shall return the complaint without delay to the person or agency originating the complaint or having knowledge of the facts, or to the appropriate law enforcement agency having investigative jurisdiction of the offense, and request additional information in order to complete the complaint.

Page 1 of 22 HB000320.100 - 186 - XXXX 3/16/2023 11:32 AM Engrossed UNOFFICIAL COPY 23 RS HB 3/EN (4) Prior to conducting a preliminary intake inquiry, the court-designated worker shall notify the child and the child's parent, guardian, or other person exercising custodial control or supervision of the child in writing:

Information may be shared between treatment providers, the court-court-designated designated worker, and the family accountability, intervention, and response team to enable the court-designated worker to facilitate services and facilitate compliance with the diversion agreement;

(5) The preliminary intake inquiry shall include the administration of an evidence-evidence-based based screening tool and, if appropriate and available, a validated risk and needs assessment, in order to identify whether the child and his or her family are in need of services and the level of intervention needed;

Page 2 of 22 HB000320.100 - 186 - XXXX 3/16/2023 11:32 AM Engrossed UNOFFICIAL COPY 23 RS HB 3/EN (c) Refer a public offense complaint for informal adjustment;

or (d) Based upon the results of the preliminary intake inquiry, other information obtained, and a determination that the interests of the child and the public would be better served, and with the written Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY approval of the county attorney for a public offense complaint, if necessary, conduct a formal conference and enter into a diversion agreement;

(7) Upon receiving written approval of the county attorney, if necessary, to divert a public offense complaint, and prior to conducting a formal conference, the court-court-designated designated worker shall advise in writing the complainant, the victim if any, and the law enforcement agency having investigative jurisdiction of the offense:

a.[1.]Referrala.[1.] Referral of the child, and family if appropriate, to a public or private entity or person for the provision of identified services to address the complaint or assessed needs;

b.[2.]Referralb.[2.] Referral of the child, and family if appropriate, to a community service program within the limitations provided under KRS Page 3 of 22 HB000320.100 - 186 - XXXX 3/16/2023 11:32 AM Engrossed UNOFFICIAL COPY 23 RS HB 3/EN 635.080(2);

c.[3.]Restitution,c.[3.] Restitution, limited to the actual pecuniary loss suffered by the victim, if the child has the means or ability to make restitution;

d.[4.]Notificationd.[4.] Notification that the court-designated worker may apply graduated sanctions for failure to comply with the diversion agreement;

e.[5.]Anye.[5.] Any other program or effort which reasonably benefits the community and the child;

For a public offense complaint, the matter shall be referred to the county attorney for formal court action and, if a petition is filed, the child may Page 4 of 22 HB000320.100 - 186 - XXXX 3/16/2023 11:32 AM Engrossed UNOFFICIAL COPY 23 RS HB 3/EN request that the court dismiss the complaint based upon his or her substantial compliance with the terms of diversion;

The court shall review on the record any diversion agreement and any report, without the attendance or appearance of the child, at regular intervals at the court's discretion to CHAPTER 105 3 verify family accountability, intervention, and response team member attendance, team accountability, and performance.

(d) If a child fails to appear for a preliminary intake inquiry or fails to complete a diversion agreement due to lack of parental cooperation, the court-court-designated designated worker shall make a determination that the child failed to complete the diversion due to lack of parent cooperation;

(10) If a complaint is referred to the court, the complaint and findings of the court-court-designated designated worker's preliminary intake inquiry shall be submitted to the court for the court to determine whether process should issue;

and (12)[(11)] At any stage in the proceedings described in this section, the court or the Page 5 of 22 HB000320.100 - 186 - XXXX 3/16/2023 11:32 AM Engrossed UNOFFICIAL COPY 23 RS HB 3/EN county attorney may review any decision of the court-designated worker.

(3) A court-designated worker from within the judicial circuit or district shall lead the Page 6 of 22 HB000320.100 - 186 - XXXX 3/16/2023 11:32 AM Engrossed UNOFFICIAL COPY 23 RS HB 3/EN team and be responsible for convening and staffing the team.

or Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (c)[(b)] Advise the court-designated worker to refer the case to the county attorney if the team has no further recommendations to offer.

(1) 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 or a secure juvenile detention facility for a period of time not to exceed twenty-four (24) hours, exclusive of weekends and holidays, Page 7 of 22 HB000320.100 - 186 - XXXX 3/16/2023 11:32 AM Engrossed UNOFFICIAL COPY 23 RS HB 3/EN pending a detention hearing.

Page 8 of 22 HB000320.100 - 186 - XXXX 3/16/2023 11:32 AM Engrossed UNOFFICIAL COPY 23 RS HB 3/EN (4) Any child detained pursuant to subsection (2) of this section shall be permitted visitation from individuals representing organizations including nonprofit organizations, faith-based organizations, or community organizations, to connect them with, expose them to, or minister to them through programs including but not limited to trades, arts, sports, mentoring, counseling, support programs, or community-based programs.

(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 Page 9 of 22 HB000320.100 - 186 - XXXX 3/16/2023 11:32 AM Engrossed UNOFFICIAL COPY 23 RS HB 3/EN detention facility, or in a nonsecure setting CHAPTER 105 5 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;

and (e) 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 Page 10 of 22 HB000320.100 - 186 - XXXX 3/16/2023 11:32 AM Engrossed UNOFFICIAL COPY 23 RS HB 3/EN 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.

Page 11 of 22 HB000320.100 - 186 - XXXX 3/16/2023 11:32 AM Engrossed UNOFFICIAL COPY 23 RS HB 3/EN (2) (a) Place the child:

A child placed on probation shall be subject to Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY the visitation and supervision of a probation officer or an employee of the Department of Juvenile Justice.

(c) A child placed on probation or supervision with court monitoring shall remain Page 12 of 22 HB000320.100 - 186 - XXXX 3/16/2023 11:32 AM Engrossed UNOFFICIAL COPY 23 RS HB 3/EN subject to the jurisdiction of the court as follows, except that if a person is placed on probation after the person reaches the age of seventeen (17) years and six (6) months, the probation shall be for a period not to exceed one (1) year:

Page 13 of 22 HB000320.100 - 186 - XXXX 3/16/2023 11:32 AM Engrossed UNOFFICIAL COPY 23 RS HB 3/EN (3) (a) If the child was adjudicated for an offense other than an offense that would be a violation if committed by an adult, order the child confined in an approved secure detention facility or detention program, as authorized by KRS Chapter 15A, as follows:

and CHAPTER 105 7 2.

Page 14 of 22 HB000320.100 - 186 - XXXX 3/16/2023 11:32 AM Engrossed UNOFFICIAL COPY 23 RS HB 3/EN (d) Behavioral health services organizations contracted pursuant to paragraph (c) of this subsection may utilize restorative practices designed to hold the participant accountable to the victim if there is an identified victim and, in the professional opinion of the behavioral health service provider, it is safe to do so.

If the child was adjudicated for an offense that would be a misdemeanor if committed by an adult, other than an offense for which a child has been declared a juvenile sex offender under KRS 635.510 or an offense Page 15 of 22 HB000320.100 - 186 - XXXX 3/16/2023 11:32 AM Engrossed UNOFFICIAL COPY 23 RS HB 3/EN involving a deadly weapon, the child may be committed for a period not to exceed twelve (12) months, including all time spent in the treatment plan established pursuant to KRS 15A.0652;

Accept physical custody of a child who is detained in an approved Page 16 of 22 HB000320.100 - 186 - XXXX 3/16/2023 11:32 AM Engrossed UNOFFICIAL COPY 23 RS HB 3/EN secure juvenile detention facility in accordance with KRS 15A.200 to 15A.240 at the time the child is committed or recommitted to the custody of the Department of Juvenile Justice.

and Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 2.

Page 17 of 22 HB000320.100 - 186 - XXXX 3/16/2023 11:32 AM Engrossed UNOFFICIAL COPY 23 RS HB 3/EN and 2.

If a commitment is probated or suspended after a child reaches the age of seventeen (17) years and six (6) months, the period of the suspension, and commitment if revoked, shall be for a period not to exceed one (1) Page 18 of 22 HB000320.100 - 186 - XXXX 3/16/2023 11:32 AM Engrossed UNOFFICIAL COPY 23 RS HB 3/EN year, but not to exceed age nineteen (19).

Any records resulting from the child's prior abuse and neglect under Title IV-E or Title IV-IV-B B of the Federal Social Security Act shall not be disclosed to victims or other persons authorized to attend a juvenile court hearing pursuant to KRS 610.070.

CHAPTER 105 9 (d) Victim access under this subsection to juvenile court records shall include access to records of adjudications that occurred prior to July 15, 1998.

(3) The provisions of this section shall not apply to any peace officer, as defined in Page 19 of 22 HB000320.100 - 186 - XXXX 3/16/2023 11:32 AM Engrossed UNOFFICIAL COPY 23 RS HB 3/EN KRS 446.010, who is engaged in the investigation or prosecution of cases under KRS Chapters 600 to 645 or other portions of the Kentucky Revised Statutes.

(7)[(6)] No person, including school personnel, shall disclose any confidential record Page 20 of 22 HB000320.100 - 186 - XXXX 3/16/2023 11:32 AM Engrossed UNOFFICIAL COPY 23 RS HB 3/EN or any information contained therein except as permitted by this section or other specific section of KRS Chapters 600 to 645, or except as permitted by specific order of the court.

(8)[(7)] No person, including school personnel, authorized to obtain records pursuant to KRS Chapters 600 to 645 shall obtain or attempt to obtain confidential records to which he or she is not entitled or for purposes for which he or she is not permitted to obtain them pursuant to KRS Chapters 600 to 645.