The Kentucky General Assembly continued its efforts to monitor Kentucky’s juvenile justice system on Wednesday.
Kentucky’s new Department of Juvenile Justice Commissioner Randy White provided an update to the Budget Review Subcommittee on Justice and Judiciary and spoke on the impacts of recent legislation on the department.
White said in his 27 years working in corrections, today’s youth are different.
“They’re committing harsher crimes, which require stronger rehabilitative efforts,” White added.
In order to reduce Kentucky’s juvenile detention center population, White said the state needs to focus on alternatives to detention, education, programming, employment and mental health. Ensuring the safety of incarcerated youth and detention center staff is also a priority.
The legislature has appropriated millions toward the improvement of the Department of Juvenile Justice in the last few years, White said. Due to 2023 legislation, starting salaries at juvenile justice centers went from $30,000 to $50,000. This has resulted in filled positions going from 313 at the beginning of 2023 to 454 as of May 22, 2024, White added.
Ensuring facilities are fully staffed is a major priority. White said the department is expecting more youth to enter the facilities as the result of 2023’s House Bill 3 and 2024’s House Bill 5 and Senate Bill 20.
HB 3 requires the automatic detention of juveniles charged with violent crimes. HB 5, also known as the Safer Kentucky Act, enhances penalties for certain violent crimes, and SB 20 requires youth who use a firearm in the commission of a crime to be tried as an adult.
Committee co-chair Rep. Patrick Flannery, R-Olive Hill, asked if the department has enough funds to complete the Jefferson County Youth Detention Center and the Jefferson Regional Juvenile Detention Facility at Lyndon renovation projects.
Roberta McCann, acting executive director for the department’s Office of Administrative Services, said additional funding provided in this year’s budget is adequate.
To maintain order inside the juvenile facilities, corrections officers may use pepper spray, tasers, and shields for protection, White said. All usage of pepper spray is investigated. Out of 107 investigations, 14 incidences have been determined to be “substantiated misuses.”
“(Pepper) spray continues to be a safer alternative than physical contact between juveniles and staff, reducing injuries and medical attention,” White said. “A comparison of staff assaults before and after the use of pepper spray was authorized shows that staff assaults have decreased by 40%.”
Sen. Robin L. Webb, D-Grayson, said she wanted more information on the use of pepper spray in juvenile facilities, especially if juveniles are informed on what may be used on them if they misbehave.
“I represent guards and juveniles and I would like to think they’re well informed of the potentiality of that,” Webb said. “… and what is the penalty for misusing for employees?”
White said he believes potential disciplinary measures for juveniles in detention is in the handbook they’re given upon entry to the facility. As for employees who misuse, White said they are often suspended and have to undergo additional training and counseling.
Sen. Christian McDaniel, R-Ryland Heights, said he supports the use of pepper spray and other measures in juvenile detention facilities due to how violent some of Kentucky’s youth offenders are.
“I find it unfortunate that those who would rather forget that there is a problem that must be dealt with societally, know that the people on the front lines of providing that solution to that problem have to feel safe in that environment that we charge them to operate,” McDaniel said.
The next Budget Review Subcommittee on Justice and Judiciary is currently scheduled for 9 a.m. on July 17. For more information, visit legislature.ky.gov.
Information from the Kentucky Legislative Research Committee.
