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JCRPP 15. Disposition hearing--public offense case

Baldwin's Kentucky Revised Statutes AnnotatedJuvenile Court Rules of Procedure and Practice

Baldwin's Kentucky Revised Statutes Annotated
Juvenile Court Rules of Procedure and Practice
IV. Process in Public Offense Cases
Kentucky Juvenile Rules of Practice and Procedure JCRPP Rule 15
JCRPP 15. Disposition hearing--public offense case
A. The court shall consider all relevant information pertaining to the child, including the results of the risk and needs assessment, in order to determine the appropriate dispositional alternatives.
B. The court shall provide the child, child's attorney, and parent or custodian a written order utilizing the AOC-JV-31.1, Disposition Order Public Offense setting forth:
1. The conditions of the order,
2. The consequences of violating the order, and
3. The duration of the order, including the date the order will expire, which shall not exceed the statutory limits.
C. Dispositional Alternatives.
1. Restitution or Reparation.
a. Any restitution or reparation shall be fixed at a reasonable amount and no child shall be held in contempt if he or she does not have the funds to pay.
b. The county attorney may request payment of restitution or reparation from the child's parent or legal guardian and shall give notice of the hearing and the amount of restitution sought.
c. Unless the parent or legal guardian agrees, before ordering restitution or reparation the court shall make the following findings:
1) The child has admitted or has been adjudicated responsible for causing the damage requiring restitution or reparation; and
2) The failure of the child's parent or guardian to exercise reasonable control or supervision over the child is a substantial factor in the child's conduct.
2. Supervision by Parent.
a. A court may order a child to be supervised by his or her parent upon conditions that the court shall determine, when:
1) Services are not needed;
2) Services are already being provided with the parent/custodian with the child's full cooperation; or
3) Services have already been completed and the child is at a low risk to reoffend.
b. Parent supervision shall not exceed six (6) months for a violation or misdemeanor, nor more than 12 months for a felony, or until the child reaches age 18, whichever first occurs.
c. If the child violates written conditions for supervision by parent, on motion of the county attorney with notice to all the parties, graduated sanctions may be imposed.
d. Graduated sanctions are required prior to imposing detention or commitment, and shall be in writing.
Commentary
Changing probation or supervision from parent-monitored to DJJ-monitored, for example, may be an appropriate graduated sanction. When a court explains the consequences of violating the terms of probation the court may state those consequences generally, such as “community service,” but once a violation occurs the sanction imposed should be described with particularity so that the child understands the expected conduct. Graduated sanctions are so termed because the statute requires first using less restrictive sanctions and graduating to more punitive sanctions should violations increase. Ideally, sanctions should be tailored to suit the nature of the violation.
3. Probation and Parent Supervision.
a. A court may set the terms of probation to be monitored by the court and according to terms set by the court, and shall include periodic review to ensure compliance.
b. The child, parent or guardian and the child's attorney shall be given notice of any review date and shall be advised in writing of any documentation required to be provided to the court as proof of compliance with court-ordered conditions.
c. Duration of Court-Monitored Probation.
1) Court monitored probation for a violation shall not exceed 30 days unless as a condition of probation the child enters into a treatment program that extends beyond 30 days, in which case court-monitored probation shall not exceed three (3) months.
2) Court-monitored probation for a misdemeanor, other than an offense for which the child has been declared a juvenile sexual offender under KRS 635.510 or an offense involving a deadly weapon, shall not exceed six (6) months unless as a condition of probation the child enters into a treatment program that extends beyond six (6) months. In this event probation shall not exceed 12 months.
3) Court monitored probation for a Class D felony other than a juvenile sexual offense, or an offense which involves use of a deadly weapon, shall not exceed 12 months.
4) Court monitored probation for all other felonies and for misdemeanors involving a deadly weapon, but not for juvenile sexual offenses, shall not extend beyond the child's 18th birthday, except that if a person is placed on probation after the person reaches the age of seventeen (17) years and six (6) months, the probation shall be for a period not to exceed one (1) year.
4. Detention.
a. The court may impose detention or probate all or part of an order of detention.
b. Detention shall be:
1) No longer than 45 days for a child who is 14 but less than 16 years of age, and
2) No longer than 90 days for a child who is 16 years of age or over.
c. Detention shall not be used as a disposition for a child under 14 years of age.
5. Commitment.
a. A child may be committed to the Department of Juvenile Justice when:
1) The child is adjudicated to have committed what would be a misdemeanor or Class D felony if committed by an adult and:
a) The child has at least three (3) prior adjudications consisting of what would be misdemeanors or felonies (not violations) which do not arise from the same course of conduct; or
b) The child has at least four (4) prior adjudications of what would be violations which do not arise from the same course of conduct; or
2) The child is adjudicated to have committed an offense involving a deadly weapon or an offense which would be a class A, B, or C felony if committed by an adult.
b. A child who is adjudicated as a declared juvenile sexual offender under KRS 635.510 shall be committed to the Department of Juvenile Justice as set forth in KRS 635.515.
c. In addition to any other applicable statutory determinations, when the child is committed to the Department of Juvenile Justice and is ordered to be detained pending placement, the court shall determine in the initial court order of commitment whether:
1) Reasonable efforts have been made to prevent the child's removal from the home, or that reasonable efforts were not required by state and federal law, and
2) Continuation of the child's residence in the home is contrary to the welfare of the child, or
3) Placement of the child would be in the child's best interest.
d. If the child is committed but the child is returned to his or her home pending placement or action by the Department of Juvenile Justice, the court shall state in the order of commitment that community placement is authorized until placement is arranged.
e. Term of Commitment. Commitment shall not exceed the time limits set forth in KRS 635.060 unless an extension is allowed by statute, as follows:
1) For what would be a misdemeanor if committed by an adult, when the child is not declared to be a juvenile sexual offender or in possession of a deadly weapon, commitment shall not exceed 12 months; KRS 635.060(4)(b)(1).
2) For what would be a class D felony if committed by an adult when the child is not declared to be a juvenile sexual offender or in possession of a deadly weapon, commitment shall not exceed 18 months; KRS 635.060(4)(b)(2).
3) For what would be a class A, B or C felony if committed by an adult, or any offense in which there is use of a deadly weapon, commitment shall not exceed the child reaching age 18; KRS 635.060(4)(b)(3).
4) Juvenile sexual offenders shall be committed as provided in KRS 635.515.
f. A probation violation shall not result in a commitment to the Department of Juvenile Justice unless the child was previously committed to the Department of Juvenile Justice and the commitment was probated.
6. Probation.
a. A child may be placed on probation or supervision:
1) Under parental supervision in the child's home or other suitable home, on terms set by the court.
2) The court shall explain in terms the child will understand the duration of probation, and the conditions and possible sanctions which may be imposed if the conditions are violated and shall include the duration, conditions and possible sanctions in the written order of probation which shall be given to the child and filed in the record.
b. A child on probation shall be supervised by a probation officer or the Department of Juvenile Justice.
c. The probation officer or Department of Juvenile Justice shall impose graduated sanctions prior to asking the court to impose detention.
d. After graduated sanctions are exhausted, the court may impose a sanction of up to 30 days detention for violation of the conditions of supervision or probation.
e. Term of probation.
1) For an offense that would be a violation if committed by an adult, not more than 30 days unless court ordered treatment includes a program lasting longer than 30 days to complete;
2) For an offense that would be a misdemeanor if committed by an adult, not more than six (6) months unless a court-ordered substance abuse or treatment program requires more than six (6) months to complete;
3) For an offense that would be a class D felony if committed by an adult, not more than 12 months; or
4) For an offense that would be any other felony if committed by an adult, up to age 18.
f. Probation Supervision.
1) The Department of Juvenile Justice or probation officer shall:
a) Conduct an evaluation of the child;
b) Develop a case plan to include individualized treatment goals to address the child's risks and needs; and
c) Provide the case plan to the court and all parties.
2) The probation plan shall include all conditions imposed by the court and shall not extend beyond the statutory maximum timeframes mandated by KRS 635.060.
3) Prior to a motion for sanctions being filed, the Department of Juvenile Justice or probation officer shall provide to the county attorney:
a) The complete terms and conditions of the juvenile's probation;
b) The specific violation(s) and any supporting documentation; and
c) The graduated sanctions applied prior to seeking court action.
g. Probation violation.
1) The county attorney may file a motion seeking review for violations of probation and shall notice the child (if the child's whereabouts are known), the parent or the custodian, and the child's attorney of the hearing date;
a) The child's attorney may present evidence on behalf of the child; and
b) The court shall make a written finding whether the child has violated the court's orders, and if the court imposes detention, shall also:
i) Make a finding by clear and convincing evidence that graduated sanctions have been applied and failed; or
ii) That there are no appropriate graduated sanctions short of detention to address the violation; and
iii) That the child is an immediate threat to himself or herself or others.
c) As aforementioned in Subsection 5(f), a probation violation shall not result in a commitment to the Department of Juvenile Justice unless the child was previously committed to the Department of Juvenile Justice and the commitment was probated.
Commentary
KRS 635.060 is a substantial change from the previous Juvenile Code and contains several new processes. This section establishes the options the court has at the dispositional hearing. The juvenile court must first find that the child falls under this chapter and then may impose any combination of the dispositional options so long as the detention time allowed for various dispositions is not exceeded. For example, a child could be placed in detention for 10 days, and then placed on probation for a period not to exceed one (1) year. If a child is placed in detention for the statutory maximum, 45 days for ages 14 to 16 or 90 days for over age 16, then the dispositional options are complete as far as detention time is concerned unless there is a contempt proceeding.
There are multiple options at disposition, including ordering restitution or reparation in conjunction with another disposition which is too varied to set forth in a rule. The court and practitioners must carefully read KRS 635.060 to determine how these dispositional options may be applied.
One specific option includes giving credit for time a child spends in out of home placement for violating the conditions of a probated or suspended commitment against the maximum time of commitment not to exceed 12 months if the offense would be a misdemeanor if committed by an adult; not to exceed 18 months if the offense would be a class D felony if committed by an adult; or not to exceed up to age 18 if the offense would be any other felony if committed by an adult. This provision does not apply to a child who has been declared a juvenile sexual offender or who committed an offense involving a deadly weapon. These categories of offenses are addressed by other statutes. Successful completion of probation or a commitment shall terminate proceedings on the instant charge(s).
7. Fines. Pursuant to KRS 635.085, a fine may be imposed in lieu of commitment to the Department of Juvenile Justice in the best interest of the child and to aid in his or her rehabilitation, if the child is financially able to pay a fine as follows:
a. Fine amounts
1) For a felony offense, not to exceed $500;
2) For a misdemeanor offense, not to exceed $250;
3) For a violation, not to exceed $100.
b. The court shall allow a reasonable time for payment; otherwise fine payment is due immediately.
D. Juvenile Sexual Offenders.
1. Upon adjudication, the court shall order a juvenile sexual offender assessment be conducted by the Department of Juvenile Justice or other qualified professional.
2. A copy of the assessment and recommendations shall be provided to the court, the child's attorney and the county attorney not less than three (3) days prior to the disposition; these copies are confidential and shall be returned to the court at the disposition hearing.
3. A child may be classified as a juvenile sexual offender based on the assessment and the recommendations and other relevant factors and if it is in the best interest of the child to be so classified.
4. If the court finds that the child is a juvenile sexual offender and is not actively psychotic or intellectually disabled as defined by KRS 635.505, the child shall be committed to the Department of Juvenile Justice.
E. Finality. A public offense case shall be considered final 30 days after the case is no longer pending. On post-disposition matters a case is “pending” based on the terms set forth in the disposition order, not to exceed the statutory limits. The case shall be considered final no later than 30 days after completion of the terms. Once the case is final the case may not be reopened for any purpose including contempt proceedings.
F. Duties of the clerk. The clerk shall enter in the court record information regarding the disposition of the case, including but not limited to the terms and conditions ordered by the court and the duration of the order.

Credits

HISTORY: Adopted by Order 2019-15, eff. 2-1-20
KY Juvenile Court Rules JCRPP Rule 15, KY ST JUV CT JCRPP Rule 15
Current with amendments received through May 1, 2020.
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