There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
CHAPTER 635 PUBLIC OFFENDERS
635.060 Options of court at dispositional hearing.
Download pdfchapter, the court, at the dispositional hearing, may:
(1) Order the child or his parents, guardian, or person exercising custodial control to make restitution or reparation to any injured person to the extent, in the sum and
upon the conditions as the court determines. However, no parent, guardian, or
person exercising custodial control shall be ordered to make restitution or reparation
unless the court has provided notice of the hearing, provided opportunity to be
heard, and made a finding that the person's failure to exercise reasonable control or
supervision was a substantial factor in the child's delinquency; or (2) Place the child under parental supervision in the child's own home or in a suitable home or boarding home, upon the conditions that the court shall determine, or place
the child on probation under conditions that the court shall determine. At the time
the child is placed on probation, the court shall explain to the child the sanctions
which may be imposed if the court's conditions are violated, and shall include notice
of those sanctions as part of its written order of probation. A child placed on
probation shall be subject to the visitation and supervision of a probation officer or
an employee of the Department of Juvenile Justice. Except as provided in KRS
635.083, a child placed on probation or parental supervision shall remain subject to
the jurisdiction of the court until the child becomes eighteen (18) years of age,
unless the child is discharged prior thereto by the court, except that if a person is
placed on probation after the person reaches the age of seventeen (17) years and six
(6) months, the probation shall be for a period not to exceed one (1) year; or (3) Commit or recommit the child to the custody of the Department of Juvenile Justice, or grant guardianship to a child-caring facility, a child-placing agency authorized to
care for the child, or place the child under the custody and supervision of a suitable
person. If the child is detained in an approved secure juvenile detention facility or
juvenile holding facility in accordance with KRS 15A.200 to 15A.240 at the time
the child is committed or recommitted to the custody of the Department of Juvenile
Justice, the Department of Juvenile Justice shall accept physical custody of the
child, remove the child from the approved secure juvenile detention facility or
juvenile holding facility, and secure appropriate placement as soon as possible but
not to exceed thirty-five (35) days of the time of commitment or recommitment.
The Department of Juvenile Justice shall pay for the cost of detention from the date
of commitment or recommitment, on the current charge, until the child is removed
from the detention facility and placed. All orders of commitment may include
advisory recommendations the court may deem proper in the best interests of the
child and of the public. The commitment or placement shall be until the age of
eighteen (18), subject to KRS 635.070 and to the power of the court to terminate the
order and discharge the child prior thereto, except that if the commitment or
placement is after a person has reached the age of seventeen (17) years and six (6)
months, the commitment or placement shall be for an indeterminate period not to
exceed one (1) year. The court, in its discretion, upon motion by the child and with
the concurrence of the Department of Juvenile Justice, may authorize an extension Page 2 of 2 of commitment up to age twenty-one (21) to permit the Department of Juvenile
Justice to assist the child in establishing independent living arrangements; or (4) If the child is fourteen (14) years of age but less than sixteen (16) years of age, order that the child be confined in an approved secure juvenile detention facility, juvenile
holding facility, or approved detention program as authorized by the Department of
Juvenile Justice in accordance with KRS Chapter 15A for a period of time not to
exceed forty-five (45) days; or (5) If the child is sixteen (16) years of age or older, order that the child be confined in an approved secure juvenile detention facility, juvenile holding facility, or approved
detention program as authorized by the Department of Juvenile Justice in
accordance with KRS Chapter 15A for a period of time not to exceed ninety (90)
days; or (6) Any combination of the dispositions listed above except that, if a court probates or suspends a commitment in conjunction with any other dispositional alternative, that
fact shall be explained to the juvenile and contained in a written order. The Department of Juvenile Justice shall pay for the confinement of children confined
pursuant to subsection (4) or (5) of this section in accordance with the statewide detention
plan and administrative regulations implementing the plan. Effective: July 13, 2004
History: Amended 2004 Ky. Acts ch. 160, sec. 5, effective July 13, 2004. -- Amended 2002 Ky. Acts ch. 257, sec. 16, effective July 15, 2002. -- Amended 1998 Ky. Acts
ch. 606, sec. 6, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 358, sec. 41,
effective in part July 1, 1997, and in part July 15, 1997. -- Amended 1994 Ky. Acts
ch. 226, sec. 3, effective July 15, 1994; and ch. 489, sec. 3, effective July 15, 1994. --
Amended 1988 Ky. Acts ch. 350, sec. 98, effective April 10, 1988. -- Created 1986
Ky. Acts ch. 423, sec. 129, effective July 1, 1987. Legislative Research Commission Note (7/15/96). Under 1996 Ky. Acts ch. 358, sec. 67(3), the amendments to this statute substituting the Department of Juvenile Justice
for cabinet in subsection (2) of this statute, making changes in subsection (4) of this
statute, and creating the text following subsection (6) of this statute by Section 41 of
that Act become effective July 1, 1997. By their express terms, the amendments from
1996 Ky. Acts ch. 358, sec. 41 relating to subsections (4) and (5) of this statute
become effective July 1, 1997, and the renumbering of subsection (6) is a necessary
consequence thereof. Under 1996 Ky. Acts ch. 358, sec. 67(6), the amendment to
subsection (1) of this statute by Section 41 of that Act becomes effective July 15,
1997. Under 1996 Ky. Acts ch. 358, sec. 67(1), the amendment to subsection (2) of
this statute (other than the substitution of the Department of Juvenile Justice for
cabinet) by Section 41 of that Act becomes effective July 15, 1997.
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