RELATES TO: KRS 15A.210-15A.240
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
15A.210 requires the Department of Juvenile
Justice to promulgate administrative regulations governing the operation of
juvenile detention centers and juvenile holding facilities. This administrative
regulation establishes a waiver process for compliance with rated capacity
limits at juvenile detention centers and juvenile holding facilities.
Section 1.
(1) The Department of Juvenile Justice may
grant a waiver of the rated capacity for an existing facility if it determines:
(a) That strict compliance may cause
unreasonable difficulties in securing housing for juvenile offenders;
and
(b) That a waiver does not
seriously affect the security, supervision of juveniles, programs, or the safe,
healthful, or efficient operation of the facility.
(2) If a waiver from this standard is
desired, the responsible local authority shall submit a written request to the
Department of Juvenile Justice. The written request shall include:
(a) Identification and description of the
specific problems involved in meeting the capacity requirement.
(b) A description of the needed capacity
change, including identification of the proposed usage of sleeping and program
areas.
(c) A description of the
classification to be used, additional staffing alternatives and
programming.
(d) Sufficient
documentation demonstrating that the waiver, if granted, does not jeopardize
the security, supervision of juveniles, programs, or the safe, healthful, or
efficient operation of the facility.
(3) A waiver, if granted by the Department of
Juvenile Justice, shall apply only to the petitioner for the period of time
specified and may include conditions imposed by the department. A waiver shall
not be granted for longer than twelve (12) months. A waiver granted for a
twelve (12) month period shall be reviewed at the end of the period for
reapproval.
