2016 Kentucky Revised Statutes CHAPTER 635 - PUBLIC OFFENDERS .090 Options when child's case not to be handled under KRS Chapter 640 -- Commitment to Department of Juvenile Justice.
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635.090 Options when child's case not to be handled under KRS Chapter 640 -Commitment to Department of Juvenile Justice.
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If the court chooses to treat the child as other than a youthful offender, if the
Commonwealth fails to prove the criteria bringing a case under KRS Chapter 640,
or if the county attorney elects not to proceed under KRS Chapter 640, the court
may:
(a) If a child is fourteen (14) years of age or older and is adjudicated a public
offender in the commission of a capital offense, Class A felony, or Class B
felony, the court in its discretion may commit the child to the Department of
Juvenile Justice for purposes of treatment or placement in a facility or
program for an indeterminate period of time not less than six (6) months. The
Department of Juvenile Justice may petition the court to continue the
commitment for the purpose of completing a treatment program but the
commitment shall not extend past the child's nineteenth birthday; or
(b) If a child is sixteen (16) years of age or older and is adjudicated a public
offender in the commission of a felony offense and has previously been
adjudicated delinquent of one (1) or more felony offenses not arising out of
the same course of conduct in separate adjudications, or has previously been
adjudicated a public offender for one (1) or more felony offenses not arising
out of the same course of conduct in separate adjudications, the court in its
discretion may commit the child to the Department of Juvenile Justice for
purposes of treatment or placement in a facility or program for an
indeterminate period of time not less than six (6) months. The Department of
Juvenile Justice may petition the court to continue the commitment for the
purpose of completing a treatment program, but the commitment shall not
extend past the child's nineteenth birthday.
The Department of Juvenile Justice shall maintain jurisdiction over the child during
the period of the commitment. The committing court may, upon motion of the
Department of Juvenile Justice, order the child released from the facility or program
operated by the Department of Juvenile Justice.
The Department of Juvenile Justice shall notify the committing court if it transfers
the child to a different facility or program and note the reasons for the transfer.
The Department of Juvenile Justice shall notify the committing court prior to the
termination of treatment or placement as to the future intentions of the Department
of Juvenile Justice as they relate to continued treatment of the child.
The committing court may, upon motion of the child, grant shock probation to any
child committed under this section after the child has been committed for a
minimum of thirty (30) days.
After a child has been committed to the Department of Juvenile Justice as provided
in this section, he may not then be transferred to the Circuit Court as provided for in
KRS 640.020.
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 443, sec. 22, effective July 15, 1998. -- Amended
1996 Ky. Acts ch. 358, sec. 46, effective in part July 1, 1997, and in part July 15,
1997. -- Amended 1988 Ky. Acts ch. 350, sec. 102, effective April 10, 1988. -Created 1986 Ky. Acts ch. 423, sec. 132, effective July 1, 1987.
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