{"data":{"id":"us-ky/krs-635.090","jurisdiction":"us-ky","citation":"KRS 635.090","heading":"Options when child's case not to be handled under KRS Chapter 640 --","body":"Commitment to Department of Juvenile Justice.\n(1) If the court chooses to treat the child as other than a youthful offender, if the\nCommonwealth fails to prove the criteria bringing a case under KRS Chapter 640,\nor if the county attorney elects not to proceed under KRS Chapter 640, the court\nmay:\n(a) If a child is fourteen (14) years of age or older and is adjudicated a public\noffender in the commission of a capital offense, Class A f elony, or Class B\nfelony, the court in its discretion may commit the child to the Department of\nJuvenile Justice for purposes of treatment or placement in a facility or\nprogram for an indeterminate period of time not less than six (6) months. The\nDepartment of Juvenile Justice may petition the court to continue the\ncommitment for the purpose of completing a treatment program but the\ncommitment shall not extend past the child's nineteenth birthday; or\n(b) If a child is sixteen (16) years of age or older and is adjudicated a public\noffender in the commission of a felony offense and has previously been\nadjudicated delinquent of one (1) or more felony offenses not arising out of\nthe same course of conduct in separate adjudications, or has previously been\nadjudicated a public offender for one (1) or more felony offenses not arising\nout of the same course of conduct in separate adjudications, the court in its\ndiscretion may commit the child to the Department of Juvenile Justice for\npurposes of treatment or placemen t in a facility or program for an\nindeterminate period of time not less than six (6) months. The Department of\nJuvenile Justice may petition the court to continue the commitment for the\npurpose of completing a treatment program, but the commitment shall no t\nextend past the child's nineteenth birthday.\n(2) The Department of Juvenile Justice shall maintain jurisdiction over the child during\nthe period of the commitment. The committing court may, upon motion of the\nDepartment of Juvenile Justice, order the child released from the facility or program\noperated by the Department of Juvenile Justice.\n(3) The Department of Juvenile Justice shall notify the committing court if it transfers\nthe child to a different facility or program and note the reasons for the transfer.\n(4) The Department of Juvenile Justice shall notify the committing court prior to the\ntermination of treatment or placement as to the future intentions of the Department\nof Juvenile Justice as they relate to continued treatment of the child.\n(5) The committing court may, upon motion of the child, grant shock probation to any\nchild committed under this section after the child has been committed for a\nminimum of thirty (30) days.\n(6) After a child has been committed to the Department of Juvenile Justice  as provided\nin this section, he may not then be transferred to the Circuit Court as provided for in\nKRS 640.020.","path":["KRS Chapter 635"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=20293","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:09Z","sha256":"50d71ff361acb34eaeb3f3d3f7d68c54d1cf91340821b7c11958dc5585c36057","source_id":"us-ky","stale":false,"prev":"us-ky/krs-635.085","next":"us-ky/krs-635.095"},"notice":"GroundRules: Original legal text. Not legal advice."}