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.
Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 182, sec. 56, effective July 12, 2006. -- Amended
2004 Ky. Acts ch. 160, sec. 8, effective April 21, 2004. -- Amended 2002 Ky. Acts
ch. 263, sec. 12, effective July 15, 2002. -- Amended 1996 Ky. Acts ch. 358, sec. 56,
effective July 1, 1997. -- Amended 1994 Ky. Acts ch. 94, sec. 15, effective July 15,
1994. – Amended 1992 Ky. Acts ch. 211, sec. 140, effective July 14, 1992. --
Amended 1988 Ky. Acts ch. 350, sec. 106, effective April 10, 1988. -- Created 1986
Ky. Acts ch. 423, sec. 136, effective July 1, 1987.
Legislative Research Commission Note (7/15/96). Under 1996 Ky. Acts ch. 358, sec.
67(3), the amendment of this statute by Section 56 of that Act becomes effective July
1, 1997, in that it deals with functions of the Department of Juvenile Justice.
Notes of Decisions
Commonwealth v. Jeffries, 95 S.W.3d 60 (Ky. 2002).
· cites it 33× “2d 12 (1998): "The prefatory language of KRS 640.030 states clearly that[] a youthful offender .”
Commonwealth v. Merriman, 265 S.W.3d 196 (Ky. 2008).
· cites it 16× “That panel of the Court of Appeals, doing statutory construction, determined that KRS 640.030 and KRS 439.3401 were reconcilable and that it was “the overall legislative purpose of the juvenile code to rehabilitate offenders when possible rather than to punish them.”
Commonwealth v. Townsend, 87 S.W.3d 12 (Ky. 2002).
· cites it 11× “Thereafter, his sentence was governed by KRS 640.030(2) which provides in pertinent part as follows: [A]ny sentence imposed upon the youthful offender shall be served in a youth facility or program operated by the Department of Juvenile Justice until the expiration of the…”
Kozak v. Commonwealth, 279 S.W.3d 129 (Ky. 2008).
· cites it 10× “2001) ( quoting KRS 640.030) (emphasis in original in part and added in part).”
Edwards v. Harrod, 391 S.W.3d 755 (Ky. 2013).
· cites it 8× “KRS 640.030; See also KRS 640.010(2)(c) (A minor tried as a youthful offender in circuit court shall "be proceeded against .”
Johnson v. Commonwealth, 967 S.W.2d 12 (Ky. 1998).
· cites it 14× “We first note that there is more than one purpose behind the provision of KRS 640.030 which requires remand of youthful offenders to the custody of the Cabinet for Human Resources until age 18.”
Commonwealth v. Carneal, 274 S.W.3d 420 (Ky. 2008).
· cites it 5× “2004 WL 315154 (Ky.2004). “[W]e thus hold that the court’s judgment of conviction [and] sentence was a final judgment for RCr 11.”
Gourley v. Commonwealth, 37 S.W.3d 792 (Ky. Ct. App. 2001).
· cites it 11× “He claimed that KRS 640.030 mandates that the Department of Juvenile Justice (rather than the Division of Probation and Parole) prepare the PSI report in a case involving a youthful offender.”
Stallworth v. Commonwealth, 102 S.W.3d 918 (Ky. 2003).
· cites it 4× “Approximately a month later, after Appellant's eighteenth (18th) birthday, the trial court brought Appellant back before it for resentencing under KRS 640.030(2) and recommitted Appellant to the custody of the Kentucky Department of Corrections.”
Canter v. Commonwealth, 843 S.W.2d 330 (Ky. 1992).
· cites it 5× “On March 12, at which time Canter’s age was seventeen years and six months, and apparently upon an agreement between the Commonwealth and the defense, the trial court sentenced Canter, pursuant to KRS 640.030 2 , as follows: [E]ight (8) years in the Cabinet of [sic] Human…”
Humphrey v. Commonwealth, 153 S.W.3d 854 (Ky. Ct. App. 2004).
· cites it 4× “3d at 15 ("[T]he `finally discharged' provision of [KRS 640.030(2)] subsection (b) inures to the benefit of a defendant and, like any other constitutional or statutory right, can be the subject of a valid waiver.”
Jackson v. Commonwealth, 363 S.W.3d 11 (Ky. 2012).
· cites it 2× “015, and “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” with some exceptions, KRS 640.030. A circuit court has subject-matter jurisdiction only over…”
— Ky. Rev. Stat. § 640.030(1) — 3 cases
Gourley v. Commonwealth, 37 S.W.3d 792 (Ky. Ct. App. 2001).
“He claimed that KRS 640.030 mandates that the Department of Juvenile Justice (rather than the Division of Probation and Parole) prepare the PSI report in a case involving a youthful offender.”
— Ky. Rev. Stat. § 640.030(2) — 22 cases
Commonwealth v. Jeffries, 95 S.W.3d 60 (Ky. 2002).
“2d 12 (1998): "The prefatory language of KRS 640.030 states clearly that[] a youthful offender .”
Commonwealth v. Merriman, 265 S.W.3d 196 (Ky. 2008).
“That panel of the Court of Appeals, doing statutory construction, determined that KRS 640.030 and KRS 439.3401 were reconcilable and that it was “the overall legislative purpose of the juvenile code to rehabilitate offenders when possible rather than to punish them.”
Johnson v. Commonwealth, 967 S.W.2d 12 (Ky. 1998).
“We first note that there is more than one purpose behind the provision of KRS 640.030 which requires remand of youthful offenders to the custody of the Cabinet for Human Resources until age 18.”
Edwards v. Harrod, 391 S.W.3d 755 (Ky. 2013).
“KRS 640.030; See also KRS 640.010(2)(c) (A minor tried as a youthful offender in circuit court shall "be proceeded against .”
Commonwealth v. Carneal, 274 S.W.3d 420 (Ky. 2008).
“2004 WL 315154 (Ky.2004). “[W]e thus hold that the court’s judgment of conviction [and] sentence was a final judgment for RCr 11.”
— Ky. Rev. Stat. § 640.030(2)(a) — 4 cases
Commonwealth v. Townsend, 87 S.W.3d 12 (Ky. 2002).
“Thereafter, his sentence was governed by KRS 640.030(2) which provides in pertinent part as follows: [A]ny sentence imposed upon the youthful offender shall be served in a youth facility or program operated by the Department of Juvenile Justice until the expiration of the…”
Johnson v. Commonwealth, 967 S.W.2d 12 (Ky. 1998).
“We first note that there is more than one purpose behind the provision of KRS 640.030 which requires remand of youthful offenders to the custody of the Cabinet for Human Resources until age 18.”
— Ky. Rev. Stat. § 640.030(2)(b) — 5 cases
Commonwealth v. Townsend, 87 S.W.3d 12 (Ky. 2002).
“Thereafter, his sentence was governed by KRS 640.030(2) which provides in pertinent part as follows: [A]ny sentence imposed upon the youthful offender shall be served in a youth facility or program operated by the Department of Juvenile Justice until the expiration of the…”
Stallworth v. Commonwealth, 102 S.W.3d 918 (Ky. 2003).
“Approximately a month later, after Appellant's eighteenth (18th) birthday, the trial court brought Appellant back before it for resentencing under KRS 640.030(2) and recommitted Appellant to the custody of the Kentucky Department of Corrections.”
Commonwealth v. Jeffries, 95 S.W.3d 60 (Ky. 2002).
“2d 12 (1998): "The prefatory language of KRS 640.030 states clearly that[] a youthful offender .”
Humphrey v. Commonwealth, 153 S.W.3d 854 (Ky. Ct. App. 2004).
“3d at 15 ("[T]he `finally discharged' provision of [KRS 640.030(2)] subsection (b) inures to the benefit of a defendant and, like any other constitutional or statutory right, can be the subject of a valid waiver.”
— Ky. Rev. Stat. § 640.030(2)(c) — 5 cases
Commonwealth v. Townsend, 87 S.W.3d 12 (Ky. 2002).
“Thereafter, his sentence was governed by KRS 640.030(2) which provides in pertinent part as follows: [A]ny sentence imposed upon the youthful offender shall be served in a youth facility or program operated by the Department of Juvenile Justice until the expiration of the…”
— Ky. Rev. Stat. § 640.030(3) — 6 cases
Commonwealth v. Jeffries, 95 S.W.3d 60 (Ky. 2002).
“2d 12 (1998): "The prefatory language of KRS 640.030 states clearly that[] a youthful offender .”
Commonwealth v. Merriman, 265 S.W.3d 196 (Ky. 2008).
“That panel of the Court of Appeals, doing statutory construction, determined that KRS 640.030 and KRS 439.3401 were reconcilable and that it was “the overall legislative purpose of the juvenile code to rehabilitate offenders when possible rather than to punish them.”
Edwards v. Harrod, 391 S.W.3d 755 (Ky. 2013).
“KRS 640.030; See also KRS 640.010(2)(c) (A minor tried as a youthful offender in circuit court shall "be proceeded against .”
Gourley v. Commonwealth, 37 S.W.3d 792 (Ky. Ct. App. 2001).
“He claimed that KRS 640.030 mandates that the Department of Juvenile Justice (rather than the Division of Probation and Parole) prepare the PSI report in a case involving a youthful offender.”
— Ky. Rev. Stat. § 640.030(4) — 2 cases
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treatment. Dots show Syfertize treatment of the citing case itself.