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YOUTHFUL OFFENDERS

KRS tit. LI, ch. 640
in effect

KRS 640.010 Preliminary hearing -- Proof required to try child as youthful offender in Circuit Court

640.010. Preliminary hearing -- Proof required to try child as youthful offender in Circuit Court (1) For children who are alleged to be youthful offenders by falling in the purview of KRS 635.020(2) to (8), the court shall at arraignment ensure that the child's rights as specified in KRS 610.060 have been explained and followed. (2) (a) In the case of a child alleged to be a youthful offender by falling within the purview of KRS 635.020(2) to (8), the District Court shall, upon motion by the county attorney to proceed under this chapter, and after the county attorney has consulted with the Commonwealth's attorney, conduct a preliminary hearing to determine if the child should be transferred to Circuit Court as a youthful offender. The preliminary hearing shall be conducted in accordance with the Rules of Criminal Procedure. (b) At the preliminary hearing, the court shall determine if there is probable cause to believe that an offense was committed, that the child committed the offense, and that the child is of sufficient age and has the requisite number of prior adjudications, if any, necessary to fall within the purview of KRS 635.020. (c) If the District Court determines probable cause exists, the court shall consider the following factors before determining whether the child's case shall be transferred to the Circuit Court: 1. The seriousness of the alleged offense; 2. Whether the offense was against persons or property, with greater weight being given to offenses against persons; 3. The maturity of the child as determined by his environment; 4. The child's prior record; 5. The best interest of the child and community; 6. The prospects of adequate protection of the public; 7. The likelihood of reasonable rehabilitation of the child by the use of procedures, services, and facilities currently available to the juvenile justice system; 8. Evidence of a child's participation in a gang; 9. Whether the child is a defendant with a serious intellectual disability in accordance with KRS 532.130; and 10. Whether the child used a firearm in the commission of the offense. (d) If, following the completion of the preliminary hearing, the District Court finds, after considering the factors enumerated in paragraph (c) of this subsection, that two (2) or more of the factors specified in paragraph (c) of this subsection are determined to favor transfer, the child may be transferred to Circuit Court, and if the child is transferred the District Court shall issue an order transferring the child as a youthful offender and shall state on the record the reasons for the transfer. The child shall then be proceeded against in the Circuit Court as an adult, except as otherwise provided in this chapter. (e) If, following completion of the preliminary hearing, the District Court is of the opinion, after considering the factors enumerated in paragraph (c) of this subsection, that the child shall not be transferred to the Circuit Court, the case shall be dealt with as provided in KRS Chapter 635. (3) If the child is transferred to Circuit Court under this section and the grand jury does not find that there is probable cause to indict the child as a youthful offender, as defined in KRS 635.020(2) to (8), but does find that there is probable cause to indict the child for another criminal offense, the child shall not be tried as a youthful offender in Circuit Court but shall be returned to District Court to be dealt with as provided in KRS Chapter 635. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 132, sec. 3, effective June 29, 2021. -- Amended 2000 Ky. Acts ch. 534, sec. 16, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 606, sec. 116, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 358, sec. 55, effective July 15, 1997. -- Amended 1994 Ky. Acts ch. 396, sec. 13, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 412, sec. 1, effective July 14, 1992. -- Amended 1988 Ky. Acts ch. 350, sec. 104, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 134, effective July 1, 1987. Legislative Research Commission Note (6/29/2021). In 2021 Ky. Acts ch. 132, sec. 3, the numbering of the paragraphs of subsection (2) of this statute was altered, and in that process paragraph (b) became paragraph (c). However, references to paragraph (b) in new paragraphs (d) and (e) were not changed to reference its new designation as paragraph (c) to conform. In codification, the Reviser of Statutes has corrected those manifest clerical or typographical errors in accordance with KRS 7.136(1)(h). Legislative Research Commission Note. Acts 1986, ch. 423, and 199 read: "KRS 446.250 to 446.320 to the contrary notwithstanding, Acts 1986, ch. 423 shall prevail in the event of a conflict between Acts 1986, ch. 423 and other Acts passed by the 1986 regular session of the General Assembly."

KRS 640.020 Detention of youthful offender if unable to meet conditions of release or bail

640.020. Detention of youthful offender if unable to meet conditions of release or bail (1) Any person proceeded against as a youthful offender under the provisions of this chapter who is under eighteen (18) years of age shall be detained in a secure juvenile detention facility if he is unable to meet the conditions of release or bail established pursuant to KRS Chapter 431 and the Kentucky Rules of Criminal Procedure. (2) Any person proceeded against as a youthful offender under the provisions of this chapter who is eighteen (18) years of age or older shall be lodged as an adult if he is unable to meet the conditions of release or bail established pursuant to KRS Chapter 431 and the Kentucky Rules of Criminal Procedure. Effective: July 1, 2015 History: Amended 2014 Ky. Acts ch. 132, sec. 51, effective July 1, 2015. -- Amended 1988 Ky. Acts ch. 350, sec. 105, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 135, effective July 1, 1987.

KRS 640.030 Sentencing after conviction or plea of guilty

640.030. Sentencing after conviction or plea of guilty A youthful offender, who is convicted of, or pleads guilty to, a felony offense in Circuit Court, shall be subject to the same type of sentencing procedures and duration of sentence, including probation and conditional discharge, as an adult convicted of a felony offense, except that: (1) The presentence investigation required by KRS 532.050 shall be prepared by the Department of Juvenile Justice or by its designated representative; (2) Except as provided in KRS 640.070, any sentence imposed upon the youthful offender shall be served in a facility or program operated or contracted by the Department of Juvenile Justice until the expiration of the sentence, the youthful offender is paroled, the youthful offender is probated, or the youthful offender reaches the age of eighteen (18), whichever first occurs. The Department of Juvenile Justice shall take custody of a youthful offender, remanded into its custody, within sixty (60) days following sentencing. If an individual sentenced as a youthful offender attains the age of eighteen (18) prior to the expiration of his sentence, and has not been probated or released on parole, that individual shall be returned to the sentencing court. At that time, the sentencing court shall make one (1) of the following determinations: (a) Whether the youthful offender shall be placed on probation or conditional discharge; (b) Whether the youthful offender shall be returned to the Department of Juvenile Justice to complete a treatment program, which treatment program shall not exceed the youthful offender's attainment of the age of eighteen (18) years and five (5) months. At the conclusion of the treatment program, the individual shall be returned to the sentencing court for a determination under paragraph (a) or (c) of this subsection; or (c) Whether the youthful offender shall be incarcerated in an institution operated by the Department of Corrections; (3) If a youthful offender has attained the age of eighteen (18) years but less than eighteen (18) years and five (5) months prior to sentencing, that individual shall be returned to the sentencing court upon attaining the age of eighteen (18) years and five (5) months if that individual has been sentenced to a period of placement or treatment with the Department of Juvenile Justice. The court shall have the same dispositional options as currently provided in subsection (2)(a) and (c) of this section; (4) The Department of Juvenile Justice shall inform the sentencing court of any youthful offender in their custody pursuant to this section who has attained the age of eighteen (18) years and five (5) months, and the court shall enter a court order directing the sheriff or jailer to transport the youthful offender to the county jail to await sentencing pursuant to subsection (2)(a) or (c) of this section; and (5) KRS 197.420 to the contrary notwithstanding, a youthful offender who has committed a sex crime, as defined in KRS 17.500, or any similar offense in another jurisdiction shall be provided a sexual offender treatment program by the Department of Juvenile Justice pursuant to KRS 635.500 and as mandated by KRS 439.340(11) unless the youthful offender has been transferred to the Department of Corrections. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 182, sec. 56, effective July 12, 2006. -- Amended 2004 Ky. Acts ch. 160, sec. 8, effective April 21, 2004. -- Amended 2002 Ky. Acts ch. 263, sec. 12, effective July 15, 2002. -- Amended 1996 Ky. Acts ch. 358, sec. 56, effective July 1, 1997. -- Amended 1994 Ky. Acts ch. 94, sec. 15, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 211, sec. 140, effective July 14, 1992. -- Amended 1988 Ky. Acts ch. 350, sec. 106, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 136, effective July 1, 1987. Legislative Research Commission Note (7/15/96). Under 1996 Ky. Acts ch. 358, sec. 67(3), the amendment of this statute by Section 56 of that Act becomes effective July 1, 1997, in that it deals with functions of the Department of Juvenile Justice.

KRS 640.040 Capital punishment and other prohibited dispositions

640.040. Capital punishment and other prohibited dispositions (1) No youthful offender who has been convicted of a capital offense who was under the age of sixteen (16) years at the time of the commission of the offense shall be sentenced to capital punishment. A youthful offender may be sentenced to capital punishment if he was sixteen (16) years of age or older at the time of the commission of the offense. A youthful offender convicted of a capital offense regardless of age may be sentenced to a term of imprisonment appropriate for one who has committed a Class A felony and may be sentenced to life imprisonment without benefit of parole for twenty-five (25) years. (2) No youthful offender shall be subject to persistent felony offender sentencing under the provisions of KRS 532.080 for offenses committed before the age of eighteen (18) years. (3) No youthful offender shall be subject to limitations on probation, parole or conditional discharge as provided for in KRS 533.060. (4) Any youthful offender convicted of a misdemeanor or any felony offense which would exempt him from KRS 635.020(2), (3), (4), (5), (6), (7), or (8) shall be disposed of by the Circuit Court in accordance with the provisions of KRS 635.060. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 606, sec. 187, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 396, sec. 14, effective July 15, 1994. -- Created 1986 Ky. Acts ch. 423, sec. 137, effective July 1, 1987.

KRS 640.050 Supervision during probation or conditional discharge

640.050. Supervision during probation or conditional discharge (1) Any period of probation or conditional discharge required by the sentencing court to be served shall be supervised by: (a) The Department of Juvenile Justice, if the youthful offender is under the age of eighteen (18); (b) The Department of Corrections, upon the youthful offender attaining the age of eighteen (18); or (c) The designated representative of either of the above. (2) The Department of Juvenile Justice may make recommendations to the Circuit Court concerning the disposition of the youthful offender. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 534, sec. 17, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 426, sec. 624, effective July 15, 1998; and ch. 443, sec. 24, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 358, sec. 57, effective July 1, 1997. -- Amended 1992 Ky. Acts ch. 211, sec. 141, effective July 14, 1992. -- Created 1986 Ky. Acts ch. 423, sec. 138, effective July 1, 1987. Legislative Research Commission Note (7/15/98). This statute has been amended by 1998 Ky. Acts ch. 443 (making a substantive nonrevisory change) and ch. 426 (which made a name change due to reorganization and is revisory in nature). The nonrevisory change prevails. KRS 7.136(3).

KRS 640.060 Duty of Commonwealth's attorney

640.060. Duty of Commonwealth's attorney It shall be the duty of the Commonwealth's attorney after the imposition of youthful offender sentence, unless the defendant is granted probation, to cause to be forthwith transmitted to the facility or program with the commitment papers, a concise statement of the facts adduced at the trial or at the hearing of a plea of guilty. Effective: July 1, 1987 History: Created 1986 Ky. Acts ch. 423, sec. 139, effective July 1, 1987.

KRS 640.070 Committing youthful offender to Department of Corrections

640.070. Committing youthful offender to Department of Corrections (1) Upon motion of the Department of Juvenile Justice, the sentencing Circuit Court may, after notice and hearing, order a youthful offender committed to an adult facility operated by the Department of Corrections if it is established by a preponderance of the evidence that the youthful offender has: (a) By his 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 he is being held; (c) By his 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 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 actions has established a pattern of disruptive behavior not conducive to the established policies and procedures of the program. (2) The hearing 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. (3) Upon admission to a facility or program operated by the Department of Juvenile Justice, the department shall advise the youthful offender of the provisions of this section. (4) Upon motion of the Department of Juvenile Justice, the sentencing Circuit Court may, after notice and hearing, order a youthful offender committed to the Department of Corrections if it is established by a preponderance of the evidence that the youthful offender is mentally ill and is dangerous to himself or others, and cannot be adequately treated in the youthful offender program. It shall be presumed that a youthful offender is mentally ill if he 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. (5) 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. 18, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 538, sec. 19, effective April 13, 1998. -- Amended 1996 Ky. Acts ch. 358, sec. 58, effective July 1, 1997. -- Amended 1992 Ky. Acts ch. 211, sec. 142, effective July 14, 1992. -- Created 1986 Ky. Acts ch. 423, sec. 140, effective July 1, 1987.

KRS 640.075 Youthful offender transferred to Department of Corrections may remain in custody of Department of Juvenile Justice -- Transfer -- Petition for reconsideration of probation and for early parole

640.075. Youthful offender transferred to Department of Corrections may remain in custody of Department of Juvenile Justice -- Transfer -- Petition for reconsideration of probation and for early parole (1) Any other provision of KRS Chapter 640 to the contrary notwithstanding, any youthful offender ordered transferred to the Department of Corrections under KRS 640.030(2)(c) may, at the discretion of the Department of Juvenile Justice, after consultation with the Department of Corrections, remain in the custody of the Department of Juvenile Justice and in a Department of Juvenile Justice facility or program, until expiration of sentence or until the youthful offender is released on parole, but in no event past the age of twenty-one (21). (2) Any youthful offender whose custody has been retained by the Department of Juvenile Justice under subsection (1) of this section may be immediately transferred to the Department of Corrections, at such location within this state as the Department of Corrections directs, if the youthful offender causes any disruption to the program or attempts to escape. (3) Any youthful offender who attains the age of twenty-one (21) while in the custody of the Department of Juvenile Justice shall be immediately transferred to the Department of Corrections at such location within this state as the Department of Corrections directs. (4) Any youthful offender whose custody has been retained under subsection (1) of this section and who has not been released under other provision of law or delivered to the Department of Corrections under subsection (2) of this section, may, on one (1) occasion and after the completion of a minimum twelve (12) months additional service of sentence, petition the sentencing Circuit Court for reconsideration of probation and, except as provided in KRS 439.3401, may be considered for early parole eligibility. Effective: July 15, 2002 History: Created 2002 Ky. Acts ch. 263, sec. 11, effective July 15, 2002.

KRS 640.080 Jurisdiction of Parole Board -- Incarceration of youthful parole violators

640.080. Jurisdiction of Parole Board -- Incarceration of youthful parole violators (1) Youthful offenders shall be subject to the jurisdiction of the Kentucky Parole Board and may be placed on parole to the Department of Corrections. The Parole Board may, with regard to a youthful offender, exercise any of the powers which it possesses pursuant to KRS Chapter 439, except as provided in KRS Chapters 600 to 645. (2) A youthful offender parole violator shall, except as provided in KRS Chapters 635 and 640, be incarcerated in a secure juvenile detention facility until eighteen (18) years of age, unless released prior to that age. Upon reaching eighteen (18) years of age, an incarcerated violator shall be transferred to the Department of Corrections. Effective: April 13, 1998 History: Amended 1998 Ky. Acts ch. 538, sec. 20, effective April 13, 1998. -- Amended 1992 Ky. Acts ch. 211, sec. 143, effective July 14, 1992. -- Amended 1988 Ky. Acts ch. 350, sec. 107, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 141, effective July 1, 1987.

KRS 640.090 Right of Parole Board and Department of Corrections to records

640.090. Right of Parole Board and Department of Corrections to records Upon the determination that a person is a youthful offender, the Cabinet for Health and Family Services, the Department of Juvenile Justice, and all other public agencies possessing records relating to the youthful offender shall, upon request, provide copies of the records to the Kentucky Parole Board and to the Department of Corrections. No record relating to the child, except records maintained by the youthful offender's defense attorney or the Department of Public Advocacy, if he was defended by that department, shall be deemed privileged from disclosure to the Parole Board. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 673, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 625, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 358, sec. 59, effective July 1, 1997. -- Amended 1992 Ky. Acts ch. 211, sec. 144, effective July 14, 1992. -- Created 1986 Ky. Acts ch. 423, sec. 142, effective July 1, 1987. Legislative Research Commission Note (7/15/96). Under 1996 Ky. Acts ch. 358, sec. 67(3), the amendment of this statute by Section 59 of that Act becomes effective July 1, 1997, in that it deals with functions of the Department of Juvenile Justice.

KRS 640.100 Access of Parole Board to youthful offender and reports

640.100. Access of Parole Board to youthful offender and reports All officials of the Department of Juvenile Justice and the Department of Corrections shall furnish members of the Parole Board or its properly accredited representatives: (1) Access at all reasonable times to any youthful offender over whom the board has jurisdiction under this chapter; (2) Facilities for communicating with and observing the youthful offender; (3) The reports the board requires concerning the conduct and character of any youthful offender in its custody; and (4) Any other facts deemed pertinent by the board in determining whether the youthful offender shall be paroled. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 426, sec. 626, effective July 15, 1998; and ch. 443, sec. 25, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 211, sec. 145, effective July 14, 1992. -- Amended 1988 Ky. Acts ch. 350, sec. 108, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 143, effective July 1, 1987. Legislative Research Commission Note (7/15/98). This statute has been amended by 1998 Ky. Acts ch. 443 (making a substantive nonrevisory change) and ch. 426 (which made a name change due to reorganization and is revisory in nature). The nonrevisory change prevails. KRS 7.136(3).

KRS 640.110 Duty of Department of Juvenile Justice to transfer records to Department of Corrections

640.110. Duty of Department of Juvenile Justice to transfer records to Department of Corrections When a youthful offender is transferred to the Department of Corrections in accordance with this chapter, the Department of Juvenile Justice shall transfer a copy of all records relating to the youthful offender to the Department of Corrections. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 426, sec. 627, effective July 15, 1998; and ch. 443, sec. 26, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 211, sec. 146, effective July 14, 1992. -- Created 1986 Ky. Acts ch. 423, sec. 144, effective July 1, 1987. Legislative Research Commission Note (7/15/98). This statute has been amended by 1998 Ky. Acts ch. 443 (making a substantive nonrevisory change) and ch. 426 (which made a name change due to reorganization and is revisory in nature). The nonrevisory change prevails. KRS 7.136(3).

KRS 640.120 Administrative regulations

640.120. Administrative regulations (1) The Department of Juvenile Justice may promulgate administrative regulations to implement the provisions of this chapter. (2) The Department of Corrections may promulgate administrative regulations to implement the provisions of this chapter. (3) The Kentucky Parole Board may promulgate administrative regulations to implement the provisions of this chapter. (4) The agencies permitted to make administrative regulations under this section shall make administrative regulations which do not conflict. Effective: July 1, 1997 History: Amended 1996 Ky. Acts ch. 358, sec. 60, effective July 1, 1997. -- Amended 1992 Ky. Acts ch. 211, sec. 147, effective July 14, 1992. -- Created 1986 Ky. Acts ch. 423, sec. 145, effective July 1, 1987. Legislative Research Commission Note (7/15/96). Under 1996 Ky. Acts ch. 358, sec. 67(3), the amendment of this statute by Section 60 of that Act becomes effective July 1, 1997, in that it deals with functions of the Department of Juvenile Justice.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39433Fetched: 10/20/2026

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