KRS 635.090: Options when child's case not to be handled under KRS Chapter 640 --

Commitment to Department of Juvenile Justice.

(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 f elony, 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 placemen t 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 no t

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.