KRS 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, cau sed 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.