SENATE LEADERS REACT TO RELEASED PERFORMANCE REVIEW OF KENTUCKY’S DEPARTMENT OF JUVENILE JUSTICE

Report a result of a legislative provision in comprehensive 2023 DJJ reform

FRANKFORT, KY (January 31, 2024) — The following are statements from Senate Majority Caucus members upon release of CGL Management Group, LLC (CGL) performance review of Kentucky’s Department of Juvenile Justice:

Senator Danny Carroll

Senator Danny Carroll. Photo Credit: David Hargis, Photographer, Public Information Office, Legislative Research Commission.

“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 Sevices.” 

Senate President Pro Tem David Givens

Senate President Pro Tem David Givens. Photo Credit: David Hargis, Photographer, Public Information Office, Legislative Research Commission.

“I want to thank the Auditor’s office for taking on the responsibility of ensuring the legislature’s intent of this performance review was met, and I want also to acknowledge CGL’s thorough effort to analyze DJJ for any existing deficiencies. We in the legislature who have read the reports that uncovered tragic situations surrounding Kentucky youth and staff in state facilities and who have heard directly from whistleblowers have long known there has been an absence of leadership in the executive branch in this arena. We remain resolved to help fill that void because, in the absence of leadership, a problem sadly became a crisis. I look forward to analyzing the auditor’s report for a better understanding of the depth of the crisis.”

Senate Majority Caucus Chair Julie Raque Adams

Senate Majority Caucus Chair Julie Raque Adams.

“Kentucky’s most vulnerable children deserve better than what the DJJ and Governor Beshear are providing them. Sadly, this Governor's Administration has allowed this crisis to fester over the course of 18 months, and to put it bluntly, these children and the staff caring for them continue to operate without any real leadership strategic direction to finding a solution. We must do better.”

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.

BACKGROUND 
Senate Bill 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. 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 the necessary funding, $500,000,  for the review. 

Major provisions of Senate Bill 162 include:

  • 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 one 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.

###

Senator Danny Carroll, R-Benton, represents the 2nd Senate District, including Ballard, Carlisle, Livingston, Marshall, and McCracken Counties. He serves as Senate Families and Children Committee chair. He is also a Senate Education, Health Services and Judiciary committee member. Additionally, Carroll is a member of the Public Pension Oversight Board, Juvenile Justice Oversight Council, and the Legislative Oversight and Investigations Committee. 

Senator David Givens, R-Greensburg, represents the 9th Senate District, which includes Barren, Edmondson, Green, and Hart Counties, as well as northwestern Warren County. He serves in Senate Majority leadership as Senate President Pro Tempore. Additionally, he serves as co-chair of the Commission on Race and Access to Opportunity. Givens is also a member of the Senate Standing Committees on Agriculture; Education; and Appropriations and Revenue. 

Senator Julie Raque Adams, R-Louisville, represents Kentucky’s 36th Senate District in eastern Jefferson County. She is the Senate majority caucus chair. Adams serves as the newly formed Senate Families and Children vice chair and is a member of the Senate Banking and Insurance, Health Services, and Licensing and Occupations committees. Additionally, Adams is a member of the Legislative Research Commission, the Tobacco Settlement Agreement Fund Oversight Committee, and the Administrative Regulation Review Subcommittee.