Report: New Laws Will Put More Ky Kids In Troubled Detention Facilities

Two Kentucky laws recently went into effect are expected to increase the number of incarcerated children in the state, according to a new report from the Kentucky Center for Economic Policy.

House Bill 3 requires any child charged with a violent felony offense be detained for up to 48 hours, not including weekends or holidays, pending a detention hearing in front of a judge. It could affect a significant number of juveniles because Kentucky law is much broader than most states in what it categorizes as a violent offense.

Kaylee Raymer, analyst at the Kentucky Center for Economic Policy, said hundreds of additional children are likely to be detained.

“Not only because detention is harmful for young people regardless of how long they’re there, but because Kentucky’s juvenile facilities are struggling with staffing,” Raymer explained. “There’s a Department of Justice investigation going on.”

Raymer pointed out the law comes amid widespread staffing shortages in Kentucky’s juvenile detention facilities, and a class-action lawsuit against the state’s Department of Juvenile Justice. Louisville’s detention facility, which House Bill 3 appropriated more than $17 million to renovate, remains incomplete, meaning children in Jefferson County will be detained hours away from their families.

Another piece of legislation, Senate Bill 20 would require kids be tried as adults in some instances where there is an allegation a gun was involved in a crime but not necessarily used.

Raymer emphasized the law reverses three-year-old reforms ending automatic transfer of children to adult court and placed discretion back in the hands of the judge.

“This means it takes a lot of discretion away from the judge,” Raymer contended. “We’re going to see a lot more cases going to adult course.”

Research shows trying kids as adults does severe damage to mental health and does not deter committing future offenses.

One study found the prevalence of psychiatric disorders among youth transferred and detained in the adult court system is nearly double that of adults. According to data from the Annie E. Casey Foundation, in 2022 slightly more than 13 out of every 1,000 Kentucky children aged 10-19 were booked into a secure juvenile detention facility.