- Associated Press - Thursday, March 20, 2014

FRANKFORT, Ky. (AP) - Legislation aimed at having fewer children locked up in juvenile detention centers passed the Kentucky Senate by a wide margin Thursday, providing momentum for some of the biggest proposed changes in decades to the justice system for minors.

A major thrust of the measure would steer more young offenders toward community-based treatment as an alternative to detention.

Sen. Whitney Westerfield said his bill would bring needed updates to a system he called ineffective and costly.



“It is the first and best step in decades that Kentucky has taken to improve its juvenile justice system,” the Hopkinsville Republican said.

The measure passed the GOP-led Senate on a 31-7 vote. It now goes to the Democratic-run House for consideration.

House Speaker Greg Stumbo called the measure a good idea and said it would get the attention of his chamber.

“It takes some money to get that thing started,” he said. “We’re trying to get some figures nailed down as to what savings might be … realized.”

Time could become a factor for the far-reaching measure. It cleared the Senate on the 50th day of the General Assembly’s 60-day session.

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The bill aims to keep more kids out of detention centers for skipping school, running away 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 one prior offense.

Westerfield said the changes would save money. He cited statistics indicating that slightly more than half of the state juvenile justice department’s budget is spent on detaining children. He said the proposed changes also would improve the prospects for troubled youth.

The bill focuses on early intervention and treatment that could include behavioral health, mental health and substance abuse services.

Opponents included Sen. John Schickel, who said the measure would weaken the authority of prosecutors and other local officials in juvenile cases.

“They reflect the values of that community, and we should not be taking authority away from them,” the Union Republican said.

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Instead, the bill would expand the authority of court-designated workers in such cases, he said.

Schickel also warned the changes might not end up being what’s best for families trying to do what’s best for troubled children.

“Raising children today is a tough, tough job,” he said. “And we can try to second-guess our parents. But I think what our parents need is for us, and our juvenile system, to stand behind them and to let the people who they elect in their communities make the very, very important decisions.”

Westerfield said he was upbeat about the bill’s chances of clearing the General Assembly and reaching Gov. Steve Beshear’s desk.

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“It is a sea change, so there is some reluctance in some areas to adopt a new way of thinking about these kids,” he said.

Westerfield said the bill calls for input from teams from the locality or region to track the progress of young offenders. Those teams, consisting of juvenile justice officials and other stakeholders, would help determine if a child needs more treatment or should go before a judge.

Terry Brooks, executive director of Kentucky Youth Advocates, said the bill would move the juvenile justice system in the “right direction” and urged the House to pass the measure.

“This bill will enhance public safety by shifting Kentucky spending in juvenile justice on community-based programs that are more effective,” he said.

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“That shift also means better use of taxpayer dollars, because proven community-based programs are less expensive than incarceration and other placements out of home.”

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The legislation is Senate Bill 200.

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