***UPDATE*** SENATE DEPARTMENT OF JUVENILE JUSTICE MEASURES MOVE TO THE STATE HOUSE FOR CONSIDERATION
FRANKFORT, KY (March 7, 2023) – Tuesday, the Senate approved two bills addressing Kentucky's Department of Juvenile Justice (DJJ) crisis. Senate Bill 158, sponsored by Senate President Pro Tem David Givens, R-Greensburg, and Senate Bill 162, sponsored by Senator Danny Carroll, R- Benton, would push to solidify needed action by the Kentucky Justice and Public Safety Cabinet and DJJ to ensure the safety of the state's detained youth and those working within the facilities.
“We are happy these measures have taken the next step in the legislative process,” Givens said. “This puts us one step closer toward mitigating the damage caused by a leadership failure within DJJ,”
Senate Bill 158 would officially direct the Kentucky auditor of public accounts office to enter into a contract with a third party to conduct a thorough performance review of DJJ. The measure defines the authority of the third-party entity and the scope of the review and would provide the necessary funding, $500,000, in the current fiscal year, for the audit.
Senate Bill 162 is the start of a long-term reformation of DJJ and a commitment to finally address the needs of juveniles with serious mental illness. The bill carries an emergency designation, noted in section 14, meaning it would take effect immediately upon filing with the Kentucky Secretary of State's Office.
“Provisions of Senate Bill 162 are pointed and will be valuable in repairing the broken culture within our DJJ facilities where, until now, there’s been a reluctance to accept accountability,” Carroll, co-chair of the DJJ work group, said. “As the legislature leads in statutory reforms, we must remember the buck has to stop somewhere. Unfortunately, even stories as recent as today are showing a lack of transparency and lackluster communication that has sadly become the norm within DJJ.”
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:
o 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.
o 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).
o 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 employment classifications with the department's approval.
The substantial appropriations in the legislation demonstrate the seriousness of the crisis and the Senate's commitment to finding short and long-term solutions.
Senate Bills 158 and 162 directly result from the work group efforts. With approval from the Senate, the bills now qualify for action in the state House of Representatives where they will first be assigned to a committee.
BACKGROUND:
Before the General Assembly's constitutionally required session break in week one of the 2023 Legislative Session, Givens carried Senate Concurrent Resolution 31 to Senate passage, which initiated the efforts of a work group. Carroll, a retired law enforcement officer and former vice-chair of the Senate Judiciary Committee, served as the work group's co-chair. Carroll, alongside his House counterpart Representative Kevin Bratcher, led several meetings throughout the session break. The meetings engaged a bipartisan group of lawmakers and received information from various stakeholders within the DJJ system.
Givens, Carroll and other lawmakers held a press conference on February 2, updating the public on the work group's findings and articulating clear recommendations Governor Andy Beshear's administration should take action on.
Only after what has been described as a gang rape of a minor in the Adair County Detention Center did the Beshear administration take necessary action to get control of the DJJ system. First, it implemented two recommendations made by lawmakers during the 2022 interim, separating juveniles based on gender and severity of the alleged crime. Additionally, Beshear was prompted to heed the work group's recommendation to use Kentucky State Police to provide around-the-clock support at the Adair, Fayette and Warren detention centers.
Unmet Needs:
Many initial recommendations remain unmet and Senate Bill 162 seeks to address them through legislative reforms aiming to repair the existing toxic culture in DJJ. However, some require executive action from the Governor. Notably, Beshear has refused to hold those who have failed in leadership positions within DJJ accountable. Members of the DJJ work group had called for the DJJ commissioner's replacement and the appointment of an independent individual with a vision to repair the culture within DJJ. The Governor has taken neither action.
Givens' and Carroll's measures are two significant steps in remedying the DJJ crisis. Visit legislature.ky.gov for more information on Sens. David Givens and Danny Carroll and CLICK HERE to find Senate Bills 158 and 162.
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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 and the Legislative Oversight and Investigations Committee.
For a high-resolution .jpeg of Carroll, please visit: https://legislature.ky.gov/Legislators%20Full%20Res%20Images/senate102.jpg.
Senator David Givens, R-Greensburg, represents the 9th Senate District, including Barren, Edmondson, Green, and Hart Counties as well as northwestern Warren County. He serves as Senate president pro tempore and is Commission on Race and Access to Opportunity co-chair. Givens is a Senate Agriculture, Appropriations and Revenue, and Education committee member.
For a high-resolution .jpeg of Givens, please visit: https://legislature.ky.gov/Legislators%20Full%20Res%20Images/senate109.jpg.
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