Kentucky Statutes 610.220 – Permitted purposes for holding child in custody — Time limitation — Extension — Separation from adult prisoners — Prohibition against attaching child to stationary object
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(1) Except as otherwise provided by statute, if an officer takes or receives a child into custody on an allegation of committing a public offense or into protective custody on being a suspected runaway, the child may be held at a police station, secure juvenile detention facility, youth alternative center, a nonsecure facility, or, as necessary, in a hospital or clinic for the following purposes:
(a) Identification and booking;
(b) Attempting to notify the parents or person exercising custodial control or supervision of the child, a relative, guardian, other responsible person, or the cabinet;
(c) Photographing; (d) Fingerprinting;
(e) Physical examinations, including examinations for evidence; (f) Evidence collection, including scientific tests;
(g) Records checks;
(h) Determining whether the child is subject to trial as an adult; and
(i) Other inquiries of a preliminary nature.
(2) A child may be held in custody pursuant to this section for a period of time not to exceed two (2) hours, unless an extension of time is granted. Permission for an extension of time may be granted by the court, trial commissioner, or court- designated worker pursuant to KRS § 610.200(6)(d) and the child may be retained in custody for up to an additional ten (10) hours at a facility of the type listed in subsection (1) of this section except for an intermittent holding facility for the period of retention.
(3) Any child held in custody pursuant to this section shall be sight and sound separated from any adult prisoners held in secure custody at the same location, and shall not be handcuffed to or otherwise securely attached to any stationary object.
Effective: July 1, 2015
History: Amended 2014 Ky. Acts ch. 132, sec. 42, effective July 1, 2015. — Amended
2004 Ky. Acts ch. 160, sec. 2, effective April 21, 2004. — Amended 2000 Ky. Acts ch. 193, sec. 4, effective July 14, 2000; and ch. 534, sec. 9, effective July 14, 2000. — Amended 1996 Ky. Acts ch. 358, sec. 31, effective July 15, 1997. — Amended 1988
Ky. Acts ch. 350, sec. 29, effective April 10, 1988. — Created 1986 Ky. Acts ch. 423, sec. 41, effective July 1, 1987.
(a) Identification and booking;
Terms Used In Kentucky Statutes 610.220
- Allegation: something that someone says happened.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Statute: A law passed by a legislature.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) Attempting to notify the parents or person exercising custodial control or supervision of the child, a relative, guardian, other responsible person, or the cabinet;
(c) Photographing; (d) Fingerprinting;
(e) Physical examinations, including examinations for evidence; (f) Evidence collection, including scientific tests;
(g) Records checks;
(h) Determining whether the child is subject to trial as an adult; and
(i) Other inquiries of a preliminary nature.
(2) A child may be held in custody pursuant to this section for a period of time not to exceed two (2) hours, unless an extension of time is granted. Permission for an extension of time may be granted by the court, trial commissioner, or court- designated worker pursuant to KRS § 610.200(6)(d) and the child may be retained in custody for up to an additional ten (10) hours at a facility of the type listed in subsection (1) of this section except for an intermittent holding facility for the period of retention.
(3) Any child held in custody pursuant to this section shall be sight and sound separated from any adult prisoners held in secure custody at the same location, and shall not be handcuffed to or otherwise securely attached to any stationary object.
Effective: July 1, 2015
History: Amended 2014 Ky. Acts ch. 132, sec. 42, effective July 1, 2015. — Amended
2004 Ky. Acts ch. 160, sec. 2, effective April 21, 2004. — Amended 2000 Ky. Acts ch. 193, sec. 4, effective July 14, 2000; and ch. 534, sec. 9, effective July 14, 2000. — Amended 1996 Ky. Acts ch. 358, sec. 31, effective July 15, 1997. — Amended 1988
Ky. Acts ch. 350, sec. 29, effective April 10, 1988. — Created 1986 Ky. Acts ch. 423, sec. 41, effective July 1, 1987.