Status offense system reform is occurring all over the country in different ways and at different levels. The Legislative Reforms blog series highlights recent reforms written into law at the state level, as explained by experts in the field from the featured states. This series offers readers a chance to learn about different approaches to status offense system reform and the important effects legislative changes can have.
Tara Grieshop-Goodwin, Kentucky Youth Advocates
Kentucky has been among the states with the highest use of secure juvenile detention for status offenses, non-criminal behavior like running away or skipping school. Research shows that secure detention can lead kids down a path of deeper involvement with the juvenile and criminal justice systems and costs Kentucky an estimated $100,000 per kid, per year. With the recent passage of Senate Bill 200 into law, however, Kentucky begins a fundamental shift in how the state responds to status offense cases, as well as non-serious public offense cases.
Senator Whitney Westerfield and Representative John Tilley led a task force last year that dug deep into what was driving the high use of incarceration for status and other minor offenses. The numbers showed Kentucky too often placed kids away from home, even when they posed no risk to public safety. As a recent Frontline documentary demonstrated, children who have mental health issues or face turmoil at home are too often incarcerated for status offenses.
Based on task force recommendations, SB 200 includes core changes to front-load services to children and families to avoid the use of secure detention for status offenses. The bill strengthens the pre-court process with the Court Designated Worker program (which processes all complaints, or charges, against youth and administers a diversion program), requiring the use of evidence-based screenings and assessments to guide interventions. The bill creates Family Accountability, Intervention and Response (FAIR) teams to connect children to services prior to formal court involvement and puts some limitation on how secure detention can be used, such as limiting use of secure detention for contempt to 30 days.
Oversight of implementation and data collection represent another core piece of the bill to ensure Kentucky is getting the desired outcomes from the juvenile justice system. An oversight council will oversee implementation and review performance data collected. The legislation takes effect in July, but some of the components have a delayed implementation to allow courts, schools, and juvenile justice and child welfare agencies time to prepare.
While the legislation did not go as far as ending the use of secure detention for status offenses, deeper reforms on that front were considered during the legislative process. The oversight council is authorized to further consider reforms in that area. With the emphasis on services created under SB 200, the use of secure detention is expected to decline. Progress on that front can make it easier to identify further solutions to address status offenses without relying on secure detention. Stopping the practice of locking up youth for status offenses will help Kentucky achieve what all Kentuckians want to see – better outcomes for youth and families and safer communities.
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ABOUT TARA GRIESHOP-GOODWIN
Tara Grieshop-Goodwin serves as Chief Policy Officer at Kentucky Youth Advocates, where she oversees the organizations work in health, education, economic security, juvenile justice and safety. She also coordinates the work of the Blueprint for Kentucky’s Children, a unified agenda for policy change to improve child well-being in Kentucky, and serves on the State Advisory Group’s Subcommittee for Equity and Justice for All Youth (SEJAY).
The post Kentucky Takes Steps Toward a Fairer Status Offense System appeared first on Vera Status Offense Reform Center.