Kentucky Statutes 610.265 – Detention of children in specified facilities — Time frame for holding detention hearing — Release of child required if hearing not held as specified
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(1) Any child who is alleged to be a status offender or who is accused of being in contempt of court on an underlying finding that the child is a status offender may be detained in a nonsecure facility or a secure juvenile detention facility for a period of time not to exceed twenty-four (24) hours, exclusive of weekends and holidays, pending a detention hearing. Any child who is accused of committing a public offense or of being in contempt of court on an underlying public offense may be detained in a secure juvenile detention facility or a nonsecure setting approved by the Department of Juvenile Justice for a period of time not to exceed forty-eight (48) hours, exclusive of weekends and holidays, pending a detention hearing.
(2) Beginning July 1, 2024, any child accused of committing a public offense that would be considered a violent felony offense as defined in KRS § 532.200 shall be detained in a secure juvenile detention facility for a period of time not to exceed forty-eight (48) hours, exclusive of weekends and holidays, pending a detention hearing, unless the detention hearing can be held within the time allotted to peace officers to retain custody of the child pursuant to KRS § 610.200 or 610.220. This subsection shall not apply to any child ten (10) years of age or younger.
For details, see § 532.060
(3) (a) Any child detained pursuant to subsection (2) of this section shall be assessed by a mental health professional, whose communications with the child shall be confidential in conformity with the Kentucky Rules of Evidence, to determine if the child exhibits behavior that indicates the child could benefit from cognitive behavioral therapy, other evidence-based behavioral health programs, substance use disorder treatment, or treatment in a psychiatric facility for serious mental illness.
(b) Any treatment recommended under this subsection shall be provided by the Department of Juvenile Justice and may be provided pursuant to a contract between the Justice and Public Safety Cabinet and a behavioral health services organization.
(c) If the child is released upon a detention hearing, a court may order the child to complete any recommended treatment. The Department of Juvenile Justice shall refer the child to an existing contractor or to other resources for the treatment.
(4) Any child detained pursuant to subsection (2) of this section shall be permitted visitation from individuals representing organizations including nonprofit organizations, faith-based organizations, or community organizations, to connect them with, expose them to, or minister to them through programs including but not limited to trades, arts, sports, mentoring, counseling, support programs, or community-based programs. These organizations may offer transition services to any child who is released from detention.
(5) Within the period of detention described in subsections (1) and (2) of this section, exclusive of weekends and holidays, a detention hearing shall be held by the judge or trial commissioner of the court for the purpose of determining whether the child shall be further detained. At the hearing held pursuant to this subsection, the court shall consider the nature of the offense, the child’s background and history, and
other information relevant to the child’s conduct or condition.
(6) If the court orders a child detained further, that detention shall be served as follows: (a) If the child is charged with a capital offense, Class A felony, or Class B
felony, detention shall occur in a secure juvenile detention facility pending the
child’s next court appearance subject to the court’s review of the detention order prior to that court appearance;
(b) Except as provided in KRS § 630.080(2), if it is alleged that the child is a status offender, the child may be detained in a secure juvenile detention facility for a period not to exceed twenty-four (24) hours after which detention shall occur in a nonsecure setting approved by the Department of Juvenile Justice pending the child’s next court appearance subject to the court’s review of the detention order prior to the next court appearance;
(c) If a status offender or a child alleged to be a status offender is charged with violating a valid court order, the child may be detained in a secure juvenile detention facility, or in a nonsecure setting approved by the Department of Juvenile Justice, for a period not to exceed forty-eight (48) hours, exclusive of weekends and holidays, pending the child’s next court appearance;
(d) Prior to ordering a status offender or alleged status offender who is subject to a valid court order securely detained because the child violated the valid court order, the court shall:
1. Affirm that the requirements for a valid court order were met at the time the original order was issued;
2. Make a determination during the adjudicatory hearing that the child violated the valid court order; and
3. Within forty-eight (48) hours after the adjudicatory hearing on the violation of a valid court order by the child, exclusive of weekends and holidays, receive and review a written report prepared by an appropriate public agency that reviews the behavior of the child and the circumstances under which the child was brought before the court, determines the reasons for the child’s behavior, and determines whether all dispositions other than secure detention have been exhausted or are inappropriate. If a prior written report is included in the child’s file, that report shall not be used to satisfy this requirement. The child may be securely detained for a period not to exceed forty-eight (48) hours, exclusive of weekends and holidays, pending receipt and review of the report by the court. The hearing shall be conducted in accordance with KRS § 610.060. The findings required by this subsection shall be included in any order issued by the court which results in the secure or nonsecure detention of a status offender; and
(e) If the child is charged with a public offense, or contempt on a public offense, and the county in which the case is before the court is served by a state operated secure detention facility under the statewide detention plan, the child shall be referred to the Department of Juvenile Justice for a security assessment and placement in an approved detention facility or program pending the child’s next court appearance.
(7) If, at the hearing conducted under subsection (5) of this section, the court conducts an adjudicatory hearing on the merits of a violation of a valid court order, that hearing shall conform to the requirements of KRS § 630.080.
(8) If the detention hearing is not held as provided in subsection (1) of this section, the child shall be released as provided in KRS § 610.290.
(9) If the child is not released, the court-designated worker shall notify the parent, person exercising custodial control or supervision, a relative, guardian, or other responsible adult, and the Department of Juvenile Justice or the cabinet, as appropriate.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 105, sec. 4, effective June 29, 2023. — Amended
2014 Ky. Acts ch. 132, sec. 43, effective July 1, 2015. — Amended 2008 Ky. Acts ch. 87, sec. 5, effective July 15, 2008. — Amended 2004 Ky. Acts ch. 160, sec. 3, effective April 21, 2004. — Amended 2000 Ky. Acts ch. 193, sec. 5, effective July
14, 2000. — Amended 1998 Ky. Acts ch. 606, sec. 4, effective July 15, 1998. — Created 1988 Ky. Acts ch. 350, sec. 32, effective April 10, 1988.
Legislative Research Commission Note (7/15/2008). 2008 Ky. Acts ch. 87, sec. 5 amended KRS § 610.265. This amendment inserted the following phrase at the beginning of subsection (4) of this section: “If, at the hearing conducted under subsection (3) paragraph (c) of this section, …”. It appears that this reference is not correct. Subsection (3)(c) of this section does not mention hearings. It appears that the reference should have been to subsection (2) of KRS § 610.265, which does deal with hearings. The Reviser of Statutes has made this change under the authority of KRS § 7.136(1)(e).
(2) Beginning July 1, 2024, any child accused of committing a public offense that would be considered a violent felony offense as defined in KRS § 532.200 shall be detained in a secure juvenile detention facility for a period of time not to exceed forty-eight (48) hours, exclusive of weekends and holidays, pending a detention hearing, unless the detention hearing can be held within the time allotted to peace officers to retain custody of the child pursuant to KRS § 610.200 or 610.220. This subsection shall not apply to any child ten (10) years of age or younger.
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A felony | between 20 years and life | between $1,000 and $10,000 |
Terms Used In Kentucky Statutes 610.265
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Capital offense: A crime punishable by death.
- Contract: A legal written agreement that becomes binding when signed.
- 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.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010 - Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(3) (a) Any child detained pursuant to subsection (2) of this section shall be assessed by a mental health professional, whose communications with the child shall be confidential in conformity with the Kentucky Rules of Evidence, to determine if the child exhibits behavior that indicates the child could benefit from cognitive behavioral therapy, other evidence-based behavioral health programs, substance use disorder treatment, or treatment in a psychiatric facility for serious mental illness.
(b) Any treatment recommended under this subsection shall be provided by the Department of Juvenile Justice and may be provided pursuant to a contract between the Justice and Public Safety Cabinet and a behavioral health services organization.
(c) If the child is released upon a detention hearing, a court may order the child to complete any recommended treatment. The Department of Juvenile Justice shall refer the child to an existing contractor or to other resources for the treatment.
(4) Any child detained pursuant to subsection (2) of this section shall be permitted visitation from individuals representing organizations including nonprofit organizations, faith-based organizations, or community organizations, to connect them with, expose them to, or minister to them through programs including but not limited to trades, arts, sports, mentoring, counseling, support programs, or community-based programs. These organizations may offer transition services to any child who is released from detention.
(5) Within the period of detention described in subsections (1) and (2) of this section, exclusive of weekends and holidays, a detention hearing shall be held by the judge or trial commissioner of the court for the purpose of determining whether the child shall be further detained. At the hearing held pursuant to this subsection, the court shall consider the nature of the offense, the child’s background and history, and
other information relevant to the child’s conduct or condition.
(6) If the court orders a child detained further, that detention shall be served as follows: (a) If the child is charged with a capital offense, Class A felony, or Class B
felony, detention shall occur in a secure juvenile detention facility pending the
child’s next court appearance subject to the court’s review of the detention order prior to that court appearance;
(b) Except as provided in KRS § 630.080(2), if it is alleged that the child is a status offender, the child may be detained in a secure juvenile detention facility for a period not to exceed twenty-four (24) hours after which detention shall occur in a nonsecure setting approved by the Department of Juvenile Justice pending the child’s next court appearance subject to the court’s review of the detention order prior to the next court appearance;
(c) If a status offender or a child alleged to be a status offender is charged with violating a valid court order, the child may be detained in a secure juvenile detention facility, or in a nonsecure setting approved by the Department of Juvenile Justice, for a period not to exceed forty-eight (48) hours, exclusive of weekends and holidays, pending the child’s next court appearance;
(d) Prior to ordering a status offender or alleged status offender who is subject to a valid court order securely detained because the child violated the valid court order, the court shall:
1. Affirm that the requirements for a valid court order were met at the time the original order was issued;
2. Make a determination during the adjudicatory hearing that the child violated the valid court order; and
3. Within forty-eight (48) hours after the adjudicatory hearing on the violation of a valid court order by the child, exclusive of weekends and holidays, receive and review a written report prepared by an appropriate public agency that reviews the behavior of the child and the circumstances under which the child was brought before the court, determines the reasons for the child’s behavior, and determines whether all dispositions other than secure detention have been exhausted or are inappropriate. If a prior written report is included in the child’s file, that report shall not be used to satisfy this requirement. The child may be securely detained for a period not to exceed forty-eight (48) hours, exclusive of weekends and holidays, pending receipt and review of the report by the court. The hearing shall be conducted in accordance with KRS § 610.060. The findings required by this subsection shall be included in any order issued by the court which results in the secure or nonsecure detention of a status offender; and
(e) If the child is charged with a public offense, or contempt on a public offense, and the county in which the case is before the court is served by a state operated secure detention facility under the statewide detention plan, the child shall be referred to the Department of Juvenile Justice for a security assessment and placement in an approved detention facility or program pending the child’s next court appearance.
(7) If, at the hearing conducted under subsection (5) of this section, the court conducts an adjudicatory hearing on the merits of a violation of a valid court order, that hearing shall conform to the requirements of KRS § 630.080.
(8) If the detention hearing is not held as provided in subsection (1) of this section, the child shall be released as provided in KRS § 610.290.
(9) If the child is not released, the court-designated worker shall notify the parent, person exercising custodial control or supervision, a relative, guardian, or other responsible adult, and the Department of Juvenile Justice or the cabinet, as appropriate.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 105, sec. 4, effective June 29, 2023. — Amended
2014 Ky. Acts ch. 132, sec. 43, effective July 1, 2015. — Amended 2008 Ky. Acts ch. 87, sec. 5, effective July 15, 2008. — Amended 2004 Ky. Acts ch. 160, sec. 3, effective April 21, 2004. — Amended 2000 Ky. Acts ch. 193, sec. 5, effective July
14, 2000. — Amended 1998 Ky. Acts ch. 606, sec. 4, effective July 15, 1998. — Created 1988 Ky. Acts ch. 350, sec. 32, effective April 10, 1988.
Legislative Research Commission Note (7/15/2008). 2008 Ky. Acts ch. 87, sec. 5 amended KRS § 610.265. This amendment inserted the following phrase at the beginning of subsection (4) of this section: “If, at the hearing conducted under subsection (3) paragraph (c) of this section, …”. It appears that this reference is not correct. Subsection (3)(c) of this section does not mention hearings. It appears that the reference should have been to subsection (2) of KRS § 610.265, which does deal with hearings. The Reviser of Statutes has made this change under the authority of KRS § 7.136(1)(e).