{"data":{"id":"us-ky/krs-635.025","jurisdiction":"us-ky","citation":"KRS 635.025","heading":"Transfer of a youth to an adult facility by sentencing Circuit Court --","body":"Hearing.\n(1) Upon motion of the Department of Juvenile Justice, the sentencing Circuit Court\nmay, after notice and hearing, order a youth, transferred under KRS 635.020(4),\ncommitted to an adult facility operated by the Department of Corrections if it is\nestablished by a preponderance of the evidence that the juvenile:\n(a) By his or her violent behavior, injured or endangered the life or health of\nanother youthful offender or staff members in the facility or program;\n(b) Escaped from the facility or program from which the juvenile is being held;\n(c) By his or her actions, caused disruption in the facility or program by\nencouraging other residents to engage in violent behavior which has injured or\nendangered the life or health of other residents or staff of the facility or\nprogram;\n(d) By his or her actions, caused disruption in the facility or program, smuggled\ncontraband into the facility or program, caused contraband to be smuggled\ninto the facility or program, or engaged in other types of behavior which have\nendangered the life or health of other residents or staff of the facility or\nprogram; or\n(e) By his or her actions has established a pattern of disruptive behavior not\nconducive to the established policies and procedures of the program.\n(2) The hearing described in subsection (1) of this section shall be held in the\nsentencing Circuit Court within ten (10) days of the filing of the motion provided\nfor in subsection (1) of this section.\n(3) Upon a youth's admission to a facility or program operated by the Department of\nJuvenile Justice, the department shall advise that youth of the provisions of this\nsection.\n(4) Upon motion of the Department of Juvenile Justice, the sentencing Ci rcuit Court\nmay, after notice and hearing, order a youth committed to the Department of\nCorrections, if the Department of Juvenile Justice establishes by a preponderance of\nthe evidence that the youth is mentally ill, dangerous to himself or others, and\ncannot be adequately treated in the program. The court shall presume that a youth is\nmentally ill if the youth has pled guilty to, or has been convicted of, a felony and\nhas been found by the court or jury to be guilty but mentally ill.\n(5) Any youth remanded to the Department of Corrections under any provision of this\nchapter shall not later be placed in a facility operated by the Department of Juvenile\nJustice.","path":["KRS Chapter 635"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=20283","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:09Z","sha256":"6468307e6cfbc3eafe2e5984964ceb6ac0f7f2e4ccee203a684327b777b4bf5c","source_id":"us-ky","stale":false,"prev":"us-ky/krs-635.020","next":"us-ky/krs-635.030"},"notice":"GroundRules: Original legal text. Not legal advice."}