RELATES TO:

KRS 15A.065, 15A.0652, 15A.160, 15A.305, 200.080-200.120, Chapters 600-645

STATUTORY AUTHORITY:

KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 15A.305, 605.150, 635.095, 640.120, 645.250

NECESSITY, FUNCTION, AND CONFORMITY:

KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 15A.305, 605.150, 635.095, and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs. KRS 15A.305(8)(b) requires the department to conduct monthly documented trainings related to emergency response. KRS 15A.305(8)(d) requires the department to establish emergency response teams at juvenile detention centers and youth development centers and further requires the emergency response teams to conduct monthly drills. KRS 15A.305(8)(e) requires memoranda of understanding with local law enforcement for emergency response and the inclusion of local law enforcement in emergency response training. This administrative regulation authorizes the creation of cell entry teams and requires emergency response teams and training.

1. Section 1. Definitions.

   1. (1) "Cell entry team" means a team of staff that are deployed to remove a juvenile from a cell or other confined area.

   2. (2) "Emergency Response Team" or "ERT" means a team of staff designated to respond to emergencies within facilities operated by the department, including:

      1. (a) Natural disaster;
      2. (b) Riot, fire, or any other occurrence that creates a risk to the safety or security of the facility, juveniles, staff, or volunteers;
      3. (c) The escape of a juvenile; and
      4. (d) Other similarly emergent events.

2. Section 2. Cell Entry Team.

   1. (1) The department may establish and train cell entry teams.
   2. (2) The department shall use reasonable force necessary to gain the compliance of a juvenile during a cell entry or other action by a cell entry team.
   3. (3) A juvenile shall comply with the orders of a cell entry team.
   4. (4) The training shall include how to interact with juveniles with mental or physical disabilities.

3. Section 3. Emergency Response Team.

   1. (1) The department shall establish and train emergency response teams for detention centers and youth development centers. The training shall include how to interact with juveniles with mental or physical disabilities.
   2. (2) If a use of force is necessary during any emergency to which the ERT responds, the ERT shall use only reasonable force to resolve the emergency.

   3. (3) The ERT shall conduct monthly drills for emergency response. The monthly drills may include:

      1. (a) Riot;
      2. (b) Fire;
      3. (c) Tornado;
      4. (d) Mass evacuation;
      5. (e) Facility infrastructure failure;
      6. (f) Search; or
      7. (g) Other topics related to proper response to unexpected or emergent circumstances.

4. Section 4. Emergency Response Training and Coordination.

   1. (1) DJJ shall contact local law enforcement to:

      1. (a) Obtain memoranda of understanding with local law enforcement for emergency response; and
      2. (b) Include them in emergency response training involving DJJ facilities.

   2. (2) A juvenile detention center or a youth development center shall conduct monthly training for staff concerning emergency response. The monthly training may include:

      1. (a) Riot;
      2. (b) Fire;
      3. (c) Tornado;
      4. (d) Mass evacuation;
      5. (e) Facility infrastructure failure;
      6. (f) Search; or
      7. (g) Other topics related to proper response to unexpected or emergent circumstances.

History

(49 Ky.R. 2432, 50 Ky.R. 660; eff. 12-5-2023.)

FILED WITH LRC: August 8, 2023

CONTACT PERSON: Amy Barker, Assistant General Counsel, Justice & Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601, phone (502) 564-3279, fax (502) 564-6686, email Justice.RegsContact@ky.gov.