AN ACT relating to interrogation of children.

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AN ACT relating to interrogation of children. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 610.200 is amended to read as follows: 3
(1) As used in this section, "custodial interrogation" means any interview conducted 4
by a peace officer that would lead a reasonable child to believe that he or she is in 5
custody associated w ith an arrest and during which the peace officer takes 6
actions or ask questions that are reasonably likely to elicit a response from the 7
child that could incriminate him or her. 8
(2) When a peace officer has taken or received a child into custody on a charg e of 9
committing an offense, prior to a custodial interrogation or interview and before 10
the waiver of the child's [the officer shall immediately inform the child of his] 11
constitutional rights[ and afford him the protections required thereunder] , the peace 12
officer or a court -designated worker shall immediately arrange for the child to 13
consult with legal counsel in person or via telephone or video conference. The 14
consultation with legal counsel shall: 15
(a) Not be waived; and 16
(b) Be conducted in a location that allows for a private conversation. 17
(3) The peace officer shall notify the parent, or if the child is committed, the 18
Department of Juvenile Justice or the cabinet, as appropriate, and if the parent is not 19
available, then a re lative, guardian, or person exercising custodial control or 20
supervision of the child, that the child has been taken into custody, give an account 21
of specific charges against the child, including the specific statute alleged to have 22
been violated, and the reasons for taking the child into custody. 23
(4)[(2)] (a) When a peace officer has taken or received a child into protective 24
custody on suspicion of being a runaway, the officer shall immediately notify: 25
1. The child's parent, guardian, or person exercising c ustodial control or 26
supervision of the child, if determined; 27
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2. The cabinet or Department of Juvenile Justice, if appropriate; and 1
3. The court-designated worker. 2
(b) If the parent, guardian, or other person exercising custodial control or 3
supervision is i dentified and notified, the peace officer may retain custody of 4
the child for a reasonable period to allow the person notified the opportunity 5
to arrive at the officer's location and collect the child. 6
(c) If the parent, guardian, or other person exercisin g custodial control or 7
supervision cannot be identified or located, the peace officer may retain 8
custody of the child for a period of time not to exceed two (2) hours to 9
continue his or her investigation. 10
(d) If, at the conclusion of the peace officer's in vestigation, the parent, guardian, 11
or person exercising custodial control or supervision of the child is identified 12
and notified, the peace officer shall return the child to the custody of that 13
person and shall file a status offense case with the court-designated worker. 14
(e) If, at the conclusion of the peace officer's investigation, the parent, guardian, 15
or person exercising custodial control or supervision of the child cannot be 16
identified or located, or that person refuses to collect the child, the peace 17
officer shall file a complaint pursuant to KRS 610.012. 18
(5)[(3)] Unless the child is subject to trial as an adult or [unless ] the nature of the 19
offense or other circumstances [are such as to ] indicate the necessity of retaining 20
the child in custody, the officer shall release the child to the custody of: 21
(a) His or her parent;[ or] 22
(b) If the child is committed, the Department of Juvenile Justice or the cabinet, as 23
appropriate; or 24
(c) 1. If the parent is not available or the child is not committed , then a 25
relative, guardian, or person exercising custodial control or supervision 26
or other responsible person or agency approved by the court upon the 27
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written promise, signed by such person or agency, to bring the child to 1
the court at a stated time or at a[such] time as the court may order. 2
2. The written promise, accompanied by a written report by the officer, 3
shall be submitted immediately[forthwith] to the court or court -4
designated worker and shall detail the reasons for having taken custody 5
of the child, the r elease of the child, the person to whom the child was 6
released, and the reasons for the release. 7
(6)[(4)] (a) If the person fails to produce the child as agreed or upon notice from the 8
court as provided in subsection (5)[(3)] of this section, a summons, wa rrant, 9
or custody order may be issued for the apprehension of the person or of the 10
child, or both. 11
(b) If the person notified to collect a suspected runaway pursuant to subsection 12
(4)(a)[(2)(a)] of this section fails or refuses to collect the child, the pe ace 13
officer shall notify the county attorney, who may file a charge of endangering 14
the welfare of a minor, and the cabinet. 15
(7)[(5)] The release of a child pursuant to this section shall not preclude a peace 16
officer from proceeding with a complaint against a child or any other person. 17
(8)[(6)] Unless the child is subject to trial as an adult, if the child is not released, the 18
peace officer shall contact the court-designated worker who may: 19
(a) Release the child to his or her parents; 20
(b) Release the child to [such ]other persons or organizations as are authorized by 21
law; 22
(c) Release the child to either of the above subject to stated conditions; or 23
(d) Except as provided in subsection (9)[(7)] of this section, authorize the peace 24
officer to retain custody of the child for an additional period not to exceed 25
twelve (12) hours during which the peace officer may transport the child to a 26
secure juvenile detention facility or a nonsecure facility. If the child is 27
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retained in custody, the court -designated worker shal l give notice to the 1
child's parents or person exercising custodial control or supervision of the fact 2
that the child is being retained in custody. 3
(9)[(7)] (a) Except as provided in paragraph (b) of this subsection, no child ten (10) 4
years of age or under shall be taken to or placed in a juvenile detention 5
facility. 6
(b) Any child ten (10) years of age or under who has been charged with the 7
commission of a capital offense or with an offense designated as a Class A or 8
Class B felony may be taken to or placed in a secure juvenile detention 9
facility or youth alternative center when there is no available less restrictive 10
alternative. 11
Section 2. KRS 610.220 is amended to read as follows: 12
(1) Except as otherwise provided by statute, if an officer takes or receives a child into 13
custody on an allegation of committing a public offense or into protective custody 14
on being a suspected runaway, the ch ild may be held at a police station, secure 15
juvenile detention facility, youth alternative center, a nonsecure facility, or, as 16
necessary, in a hospital or clinic for the following purposes: 17
(a) Identification and booking; 18
(b) Attempting to notify the pare nts or person exercising custodial control or 19
supervision of the child, a relative, guardian, other responsible person, or the 20
cabinet; 21
(c) Photographing; 22
(d) Fingerprinting; 23
(e) Physical examinations, including examinations for evidence; 24
(f) Evidence collection, including scientific tests; 25
(g) Records checks; 26
(h) Determining whether the child is subject to trial as an adult; and 27
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(i) Other inquiries of a preliminary nature. 1
(2) A child may be held in custody pursuant to this section for a period of time not to 2
exceed two (2) hours, unless an extension of time is granted. Permission for an 3
extension of time may be granted by the court, trial commissioner, or court -4
designated worker pursuant to KRS 610.200 (8)(d)[(6)(d)] and the child may be 5
retained in custody for up to an additional ten (10) hours at a facility of the type 6
listed in subsection (1) of this section except for an intermittent holding facility for 7
the period of retention. 8
(3) Any child held in custody pursuant to this section shall be sight and sound separated 9
from any adult prisoners held in secure custody at the same location, and shall not 10
be handcuffed to or otherwise securely attached to any stationary object. 11
Section 3. KRS 630.040 is amended to read as follows: 12
Any person taking a child into custody, with all reasonable speed, shall in this sequence: 13
(1) Deliver the child suffering from a physical condition or illness which requires 14
prompt medical treatment to a medical facility or physician. Children suspe cted of 15
having a mental or emotional illness shall be evaluated in accordance with the 16
provisions of KRS Chapter 645; 17
(2) Contact a court designated worker who shall have the responsibility for determining 18
appropriate placement pursuant to KRS 610.200(8)[(5)]; 19
(3) If the court designated worker determines that the placements designated in KRS 20
610.200(8)[(5)] and subsection (1) of this section have been exhausted or are not 21
appropriate, a child may be delivered to a secure juvenile detention facility, a 22
juvenile holding facility, or a nonsecure setting approved by the Department of 23
Juvenile Justice pending the detention hearing; 24
(4) When the child has not been released to his or her parents or person exercising 25
custodial control or supervision, the person taking the child into custody shall make 26
a reasonable effort promptly to give oral notice to the parent or person exercising 27
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custodial control or supervision of the child; 1
(5) In all instances the peace officer taking a child into custody shall provide a writ ten 2
statement to the court designated worker of the reasons for taking the child into 3
custody; 4
(6) If the child is placed in an emergency shelter or medical facility, during the 5
adjudication and disposition of his case, the court may order his or her parents to be 6
responsible for the expense of his care; and 7
(7) The peace officer taking the child into custody shall within three (3) hours of taking 8
a child into custody file a complaint with the court, stating the basis for taking the 9
child into custody and t he reason why the child was not released to the parent or 10
other adult exercising custodial control or supervision of the child, relative or other 11
responsible adult, a court designated agency, an emergency shelter or medical 12
facility. Pending further dispos ition of the case, the court or the court designated 13
worker may release the child to the custody of any responsible adult who can 14
provide adequate care and supervision. 15