Kentucky Statutes 635.090 – Options when child’s case not to be handled under KRS Chapter 640 — Commitment to Department of Juvenile Justice
Current as of: 2024 | Check for updates
|
Other versions
(1) 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
For details, see § 532.060
(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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(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
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A felony | between 20 years and life | between $1,000 and $10,000 |
| Class B felony | between 10 and 20 years | between $1,000 and $10,000 |
Terms Used In Kentucky Statutes 635.090
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Capital offense: A crime punishable by death.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010 - treatment program: means a continuum of services provided in community and institutional settings designed to provide early intervention and treatment services for juvenile sexual offenders. See Kentucky Statutes 635.505
(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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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.