KRS § 640.030 — KY Code / Title LI / Chapter 640 / Section 640.030
640.030 Sentencing after conviction or plea of guilty
Status: in_force

640.030 Sentencing after conviction or plea of guilty.

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.