FRANKFORT, Ky. (AP) - Fewer Kentucky children would be locked up in juvenile detention centers under a bill proposing far-reaching changes to Kentucky’s justice system for minors that won approval from the Senate Judiciary Committee on Thursday.
The measure aims to keep kids out of detention centers for skipping school or smoking. Its reach would go further, allowing youths accused of misdemeanors or lesser felonies to avoid detention time, unless they committed sex or weapons crimes or had three or more prior offenses.
Instead, the bill would steer more young offenders toward community-based treatment as an alternative to detention centers. Treatment could include behavioral health, mental health and substance abuse services.
Senate Judiciary Committee Chairman Whitney Westerfield, the bill’s sponsor, said that approach is much more likely to turn around the lives of troubled youngsters at a much lower cost than locking them up.
“I think we’ll see it work,” he said. “I think we’re going to see (detention center) populations go down and caseloads go down.”
Westerfield, a Hopkinsville Republican, said his bill represents the most sweeping changes to juvenile justice in a couple of decades in Kentucky. He projected the changes could reap up to $24 million in savings over five years, he said.
It’s aimed at speeding up intervention, assessments and access to services to help those at-risk youths, he said.
“It represents a whole new approach to how we handle juveniles,” Democratic Sen. Jerry Rhoads of Madisonville said in support. “What we have done has not worked, has been expensive, has not been in the best interests of anyone.”
The bill cleared the Judiciary Committee after a lengthy review. It now goes to the GOP-led Senate.
It would still require approval by the Democratic-run House as well. Westerfield said he has been working with his counterpart, House Judiciary Committee Chairman John Tilley, in shaping the legislation.
Kentucky Youth Advocates Director Terry Brooks said the bill represents progress.
“As long as Kentucky continues to lock up kids when they make a mistake, we have work to continue to do,” he said.
The bill was opposed by Sen. John Schickel, R-Union. He said there are occasions when juveniles need to be locked up for status offenses that stem from truancy, alcohol or tobacco use or running away from home.
“Status offenders have to be protected from themselves,” Schickel said. “And sometimes this requires putting them in secure detention. I’ve seen lives saved by status offenders being put in secure detention.”
An example is when a young girl runs away from home to unite with an adult man she met on the Internet, he said.
Sen. Ray Jones II, D-Pikeville, spoke out against the provision allowing misdemeanor or lesser felony offenders to avoid time in detention centers, unless they committed gun or sex offenses or had at least three prior offenses.
“I think that is a very, very dangerous proposal,” he said.
The bill also would limit the length of out-of-home placements and the length of supervision, based on the offense.
It also would step up efforts to assess the results of juvenile programs. It would set up an oversight council to oversee the bill’s implementation.
Another provision would require the state to evaluate its juvenile detention centers once the number of residents drops. Westerfield said there would continue to be a need for detention centers to house more serious offenders.
The bill would not take effect until mid-2015 to give the juvenile justice system time to prepare for the changes, Westerfield said.
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The legislation is Senate Bill 200.
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