Commonwealth of Kentucky
Senate Majority Caucus
Senate Bill 242 maintains Carroll’s and fellow lawmakers’ commitment to addressing the crisis within Kentucky’s Department of Juvenile Justice
FRANKFORT, KY (March 12, 2024) — Sen. Danny Carroll, R-Benton, presented Senate Bill 242 (SB 242) to the Senate Families and Children Committee this morning. The proposal is the latest effort by Carroll and the Kentucky General Assembly to address the many troubling reports within Kentucky’s Department of Juvenile Justice (DJJ).
“The legislature remains committed to ensuring the issues within DJJ are resolved,” Carroll said. “I want to thank everyone who has contributed to this legislative product.”
SB 242 is a collaborative effort between the Justice and Public Safety Cabinet, the Cabinet for Health and Family Services (CHFS), the Kentucky Hospital Association, and the Administrative Office of the Courts. It focuses on the placement and care of high-acuity youth by establishing a standardized assessment and placement process to ensure that these youth receive proper mental health treatment. Options would include an inpatient psychiatric hospital, a pediatric teaching hospital or the proposed inpatient acute mental health DJJ facility, which is a result of a partnership between the Justice Cabinet and CHFS. The bill also addresses pending detention centers and other DJJ facility issues.
Carroll’s bill follows through on his 2023 SB 162’s requirement for DJJ to reinstate the regional model of juvenile detention facilities. It would also provide for constructing and operating at least two female-only detention facilities, one in central Kentucky and one in western Kentucky, with the ability for DJJ to open another facility in northern Kentucky or eastern Kentucky if capacity demands it. Each of these centers would ensure the safe segregation of violent offenders from non-violent ones. DJJ would be granted authority to reassign the housing of a particular child based on safety or security concerns, staffing needs, and classification.
The total cost of facilities across the biennium, including retrofitting existing facilities and additional funding for the Louisville facility, is approximately $165 million.
YOUTH MENTAL HEALTH – PROCEDURE AND COMMUNICATION
SB 242 notably outlines procedures for assessing and treating youth facing public offense charges and who are determined by a clinical professional to need an environment and specialized treatment capable of addressing aggression, violence, or property destruction.
“Effective mental health treatment for youth committed to DJJ, especially high-acuity (violent) youth, has been lacking for many years, Carroll said. “This bill will go a long way to address the high-acuity youth issues, but we must continue to improve treatment and care within all DJJ facilities by supporting a holistic health approach, intending to put these youth on a better path.”
Section two of the bill sets procedures and requirements when dealing with a child facing a public offense or requiring inpatient psychiatric treatment. Under the bill, children in the custody of DJJ or CHFS who are facing a public offense or are under a court order for inpatient psychiatric treatment would undergo a behavioral assessment by a clinical professional to determine whether the child qualifies as a high-acuity youth.
If the clinical professional identifies the child as a high-acuity youth, they must communicate with designated representatives from relevant departments and submit an affidavit summarizing clinical evidence and treatment recommendations to DJJ and the courts. If representatives agree with the recommendations, a conference affidavit detailing the initial treatment plan must be submitted to the court within 24 hours. Should there be disagreement, parties can submit affidavits of dissent outlining objections and proposing alternative plans or facilities.
The bill authorizes the court to issue an order or schedule a hearing to determine the treatment plan for the high-acuity youth. It would prohibit a court order for inpatient treatment without the hospital’s agreement, unless clear and convincing evidence demonstrates the hospital’s capability to treat without danger to the high-acuity youth or the hospital’s patients and staff.
BACKGROUND
SB 162, sponsored by Carroll, was enacted during the 2023 Legislative Session and was the start of a long-term reformation of DJJ and a legislative commitment to addressing the needs of juveniles with serious mental illness.
Major provisions of 2023’s Senate Bill 162 included:
- Investment of over $55 million in the next two years to support comprehensive reforms within the system. (Sections 7-12)
- Transitioning DJJ back to a regional model while continuing to segregate males and females, and violent and non-violent offenders. (Section 5)
- Section 1 reorganizes DJJ, including:
- Creating a Division of Compliance and an Office of Detention and requiring the eight DJJ centers to be under one person’s supervision who reports directly to the DJJ commissioner. This office will house the Division of Transportation.
- Moving the Division of Professional Development under the Office of Support Services.
- Requiring the Justice and Public Safety Cabinet to maintain a comprehensive, centralized data tracking system for DJJ. (Section 2)
- Reforms membership and responsibilities of the Juvenile Justice Advisory Council. (Section 3)
- Setting requirements for DJJ facilities and requiring DJJ to enter into sufficient contracts to ensure the availability of institutional treatment for children with severe emotional disturbance or mental illness as soon as practical. (Section 4)
- Requires the Kentucky Department of Medicaid to take steps to provide benefits to eligible detained children. (Section 6)
- Establishing staff retention measures and addressing workforce needs by implementing a Youth Worker-R program to bring retired workers back into facilities (section 5) and providing employee professional development opportunities.
- Implementing a limited duration program to allow previously resigned staff to return to previous employment classifications with the department’s approval.
The substantial appropriations in the legislation demonstrated the seriousness of the crisis and the Senate’s commitment to finding short and long-term solutions.
Senate Bill 158, sponsored by Senate President Pro Tem David Givens, R-Greensburg, was wrapped into the final provisions of SB 162. The provision directed the Kentucky Auditor of Public Accounts Office to enter into a contract with a third party to conduct a thorough performance review of DJJ. It provided $500,000 for the review.
Carroll and other legislative leaders reacted to the performance review released in January showing continued DJJ issues being unaddressed, including failure to correct course following a 2017 audit, a lack of strategic direction, inconsistently defined policies and procedures for operations, continued inconsistent use of force and more.
Carroll’s statement on DJJ audit
“The report from CGL confirms the fears and concerns my colleagues and I expressed during last year’s DJJ workgroup efforts. The information from this report will be helpful as we continue to navigate the challenges facing Kentucky’s most troubled youth. Our focus is unchanged, and our desire to help children in need and protect the public, staff and youth continues to be our top priority. I remain optimistic about the conversations and collaborative efforts I am having with those within DJJ, the Kentucky Justice Cabinet and the Cabinet for Health and Family Services.”
Performance Review Findings
A release from Auditor Allison Ball’s office reports CGL’s review found:
- Most of the findings from the 2017 audit by the Center for Children’s Law and Policy (CCLP) have not been operationalized.
- DJJ’s policies and procedures for isolation are inconsistently defined, applied and in conflict with nationally recognized best practices.
- DJJ’s use of force practices is inconsistent with national best practices and poorly deployed and defined, particularly related to the introduction of chemical agents, tasers, and other security control devices without a policy in place.
- DJJ’s facilities are understaffed, which fuels high levels of overtime and can negatively impact recruitment and retention.
- DJJ’s Detention Division lacks a unified strategic direction, permeating the facilities where inconsistent practices are implemented.