KY HB 930

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Description

Create a new section of KRS Chapter 635, relating to public offenders, to provide that a court that commits a child to the Department of Juvenile Justice shall require the child's caregiver to reimburse the department for the costs of the child's commitment; amend KRS 403.727 and KRS 456.035, relating to protection orders involving minors, to permit a victim advocate to attend an evidentiary hearing to offer advocacy services to an alleged victim; amend KRS 530.064 to provide that a person 18 years of age or older, or a minor who has been transferred to Circuit Court to be proceeded against as a youthful offender, is guilty of unlawful transaction in the first degree for the commission of a felony offense where any person uses or possess a gun in furtherance of a crime; amend KRS 530.065 and 530.070 to provide that unlawful transaction with a minor in the second and third degree may be applied to adult defendants and child defendants transferred to Circuit Court to be proceeded against as a youthful offender; amend KRS 610.030, relating to preliminary intake inquiry procedures and diversions, to provide that upon completing the preliminary intake inquiry for a status offense complaint, the court-designated worker shall refer the complaint to the county attorney for the county attorney to decide how the complaint shall proceed; require the court-designated worker to consult with the county attorney in the development of a diversion agreement; specify the persons the court-designated worker shall make the details of the diversion agreement available to; provide that if a child fails diversion for a status offense complaint, the court-designated worker shall refer the matter to the county attorney; amend KRS 610.070, relating to juvenile case hearings, to provide that if a child has been convicted of, pled guilty to, or has been adjudicated to have committed an offense which would classify the child as a violent offender, the court may order a dispositional or sentencing hearing open to the public; amend KRS 610.110 relating to disposition of juvenile cases, to require the department to notify relevant law enforcement agencies of the disposition of each case for any child committed by the court who is placed in a residential treatment facility by the department or the Cabinet for Health and Family Services; amend KRS 610.340, relating to confidentiality of juvenile records, to require Administrative Office of the Courts to permit a peace officer access to juvenile and family court records necessary for the peace officer to carry out lawful duties; amend KRS 610.345, relating to disclosure of records, to provide that the clerk of the court shall notify certain school personnel when the court issues a protective order where a child is a petitioner or respondent; amend KRS 635.010, relating to public offense complaints, to allow a county attorney to file a petition for a first time misdemeanor; amend KRS 635.020, relating to criteria for determining how a child is to be tried, to provide that a youth 14 years of age or older may be tried as an adult if the court finds probable cause that the child committed an offense which would classify the child as a violent offender, or a capital offense, Class A felony, or Class B felony; provide that a child may be tried as an adult if the court finds probable cause that the youth has previously been adjudicated as a youthful offender and is back in front of a court for allegedly committing a new felony; amend KRS 635.040, relating to effect of adjudication by the juvenile court, to provide that a past adjudication may be considered for any enhanced disposition or sentence for a subsequent offense; amend KRS 635.060, relating to options of the court at the dispositional hearing, to increase the maximum period of sanctions for a violation of supervision from 30 days to 180 days; increase the maximum period of probation for a misdemeanor from 6 months to 12 months; increase the maximum period of probation for a Class D felony from 12 months to up until the age of 18; increase the period a child may be confined in a secure detention facility or detention program from 45 days to 90 days for children 14 and 15 years old, and from 90 days to 180 days for children 16 years of age and older; provide for a minimum commitment period of at least 12 months for a child committed to the department for a felony; repeal KRS 605.035, relating to the creation of the family accountability, intervention, and response teams; and amend various KRS sections to conform.