Ky. Rev. Stat. » Chapter 640
Kentucky Revised Statutes

Ky. Rev. Stat. § 640.075 (2026)

Youthful offender transferred to Department of Corrections may remain

✓ current as of May 2026
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in custody of Department of Juvenile Justice -- Transfer -- Petition for reconsideration of probation and for early parole.

(1) Any other provision of KRS Chapter 640 to the contrary notwithstanding, any youthful offender ordered transferred to the Department of Corrections under KRS 640.030(2)(c) may, at the discretion of the Department of Juvenile Justice, after consultation with the Department of Corrections, remain in the custody of the Department of Juvenile Justice and in a Department of Juvenile Justice facility or program, until expiration of sentence or until the youthful offender is released on parole, but in no event past the age of twenty-one (21).

(2) Any youthful offender whose custody has been retained by the Department of Juvenile Justice under subsection (1) of this section may be immediately transferred to the Department of Corrections, at such location within this state as the Department of Corrections directs, if the youthful offender causes any disruption to the program or attempts to escape.

(3) Any youthful offender who attains the age of twenty-one (21) while in the custody of the Department of Juvenile Justice shall be immediately transferred to the Department of Corrections at such location within this state as the Department of Corrections directs.

(4) Any youthful offender whose custody has been retained under subsection (1) of this section and who has not been released under other provision of law or delivered to the Department of Corrections under subsection (2) of this section, may, on one (1) occasion and after the completion of a minimum twelve (12) months additional service of sentence, petition the sentencing Circuit Court for reconsideration of probation and, except as provided in KRS 439.3401, may be considered for early parole eligibility. Effective: July 15, 2002 History: Created 2002 Ky. Acts ch. 263, sec. 11, effective July 15, 2002.

Notes of Decisions
Cited in 8 cases (4 in the last 5 years), 2013–2026 · leading case: Edwards v. Harrod, 391 S.W.3d 755 (Ky. 2013).
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Edwards v. Harrod, 391 S.W.3d 755 (Ky. 2013). · cites it 8× “KRS 640.075 delineates special procedures applicable to those youthful offenders over whom the DJJ retains custody.”
Alexander Bloyer v. Commonwealth of Kentucky (Ky. Ct. App. 2020). · cites it 18× “And the only way that agreement between DJJ and 2 KRS 640.075 provides in relevant part: (1) Any other provision of KRS Chapter 640 to the contrary notwithstanding, any youthful offender ordered transferred to the Department of Corrections under KRS 640.”
Alexander Bloyer v. Commonwealth of Kentucky (Ky. 2022). · cites it 4× “Finally, Bloyer urges this Court to clarify that KRS 640.075 requires youthful offenders retained by DJJ for extended treatment be given the opportunity to present mitigating evidence at a final sentencing hearing.”
James Flenner v. Commonwealth of Kentucky (Ky. Ct. App. 2022). · cites it 3× “This is allowed pursuant to KRS 640.075(1). The trial court granted this motion.”
Layw Thomas v. Commonwealth of Kentucky (Ky. 2020). · cites it 2× “89 Also, KRS 640.075(1) provides that youthful offenders who were committed to the Department of Corrections under KRS 640.”
Layw Thomas v. Commonwealth of Kentucky (Ky. 2020). · cites it 2× “89 Also, KRS 640.075(1) provides that youthful offenders who were committed to the Department of Corrections under KRS 640.”
Joshua Cotton v. Commonwealth of Kentucky (Ky. 2025). · cites it 2× “Also, KRS 640.075(1) provides that youthful offenders who were committed to the Department of Corrections under KRS 640.”
Caleb Joseph Cox v. Commonwealth of Kentucky (Ky. Ct. App. 2026). · cites it 2× “See KRS 640.075(1). Upon turning 21, Cox filed a final motion for probation with the trial court.”
— Ky. Rev. Stat. § 640.075(1) — 8 cases
Edwards v. Harrod, 391 S.W.3d 755 (Ky. 2013). “KRS 640.075 delineates special procedures applicable to those youthful offenders over whom the DJJ retains custody.”
Alexander Bloyer v. Commonwealth of Kentucky (Ky. Ct. App. 2020). “And the only way that agreement between DJJ and 2 KRS 640.075 provides in relevant part: (1) Any other provision of KRS Chapter 640 to the contrary notwithstanding, any youthful offender ordered transferred to the Department of Corrections under KRS 640.”
Layw Thomas v. Commonwealth of Kentucky (Ky. 2020). “89 Also, KRS 640.075(1) provides that youthful offenders who were committed to the Department of Corrections under KRS 640.”
Layw Thomas v. Commonwealth of Kentucky (Ky. 2020). “89 Also, KRS 640.075(1) provides that youthful offenders who were committed to the Department of Corrections under KRS 640.”
James Flenner v. Commonwealth of Kentucky (Ky. Ct. App. 2022). “This is allowed pursuant to KRS 640.075(1). The trial court granted this motion.”
— Ky. Rev. Stat. § 640.075(3) — 1 case
Alexander Bloyer v. Commonwealth of Kentucky (Ky. Ct. App. 2020). “And the only way that agreement between DJJ and 2 KRS 640.075 provides in relevant part: (1) Any other provision of KRS Chapter 640 to the contrary notwithstanding, any youthful offender ordered transferred to the Department of Corrections under KRS 640.”
— Ky. Rev. Stat. § 640.075(4) — 8 cases
Edwards v. Harrod, 391 S.W.3d 755 (Ky. 2013). “KRS 640.075 delineates special procedures applicable to those youthful offenders over whom the DJJ retains custody.”
Alexander Bloyer v. Commonwealth of Kentucky (Ky. Ct. App. 2020). “And the only way that agreement between DJJ and 2 KRS 640.075 provides in relevant part: (1) Any other provision of KRS Chapter 640 to the contrary notwithstanding, any youthful offender ordered transferred to the Department of Corrections under KRS 640.”
James Flenner v. Commonwealth of Kentucky (Ky. Ct. App. 2022). “This is allowed pursuant to KRS 640.075(1). The trial court granted this motion.”
Alexander Bloyer v. Commonwealth of Kentucky (Ky. 2022). “Finally, Bloyer urges this Court to clarify that KRS 640.075 requires youthful offenders retained by DJJ for extended treatment be given the opportunity to present mitigating evidence at a final sentencing hearing.”
Layw Thomas v. Commonwealth of Kentucky (Ky. 2020). “89 Also, KRS 640.075(1) provides that youthful offenders who were committed to the Department of Corrections under KRS 640.”
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