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635.025 Transfer of a youth to an adult facility by sentencing Circuit Court -Hearing.
(1)
(2)
(3)
(4)
(5)
Upon motion of the Department of Juvenile Justice, the sentencing Circuit Court
may, after notice and hearing, order a youth, transferred under KRS 635.020(4),
committed to an adult facility operated by the Department of Corrections if it is
established by a preponderance of the evidence that the juvenile:
(a) By his or her violent behavior, injured or endangered the life or health of
another youthful offender or staff members in the facility or program;
(b) Escaped from the facility or program from which the juvenile is being held;
(c) By his or her actions, caused disruption in the facility or program by
encouraging other residents to engage in violent behavior which has injured or
endangered the life or health of other residents or staff of the facility or
program;
(d) By his or her actions, caused disruption in the facility or program, smuggled
contraband into the facility or program, caused contraband to be smuggled
into the facility or program, or engaged in other types of behavior which have
endangered the life or health of other residents or staff of the facility or
program; or
(e) By his or her actions has established a pattern of disruptive behavior not
conducive to the established policies and procedures of the program.
The hearing described in subsection (1) of this section shall be held in the
sentencing Circuit Court within ten (10) days of the filing of the motion provided
for in subsection (1) of this section.
Upon a youth's admission to a facility or program operated by the Department of
Juvenile Justice, the department shall advise that youth of the provisions of this
section.
Upon motion of the Department of Juvenile Justice, the sentencing Circuit Court
may, after notice and hearing, order a youth committed to the Department of
Corrections, if the Department of Juvenile Justice establishes by a preponderance of
the evidence that the youth is mentally ill, dangerous to himself or others, and
cannot be adequately treated in the program. The court shall presume that a youth is
mentally ill if the youth has pled guilty to, or has been convicted of, a felony and
has been found by the court or jury to be guilty but mentally ill.
Any youth remanded to the Department of Corrections under any provision of this
chapter shall not later be placed in a facility operated by the Department of Juvenile
Justice.
Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 534, sec. 12, effective July 14, 2000. -- Created
1998 Ky. Acts ch. 538, sec. 18, effective April 13, 1998.
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