640.030 Sentencing after conviction or plea of guilty.
520 words·~2 min read·
/ky/chapter-640/640-030A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.