Title LI, Unified Juvenile Code
10 chapters · 255 sections in this title.
KRS § 635.010 Complaint -- Duties of county attorney and court-designated worker
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(1) The county attorney shall cause a review to be made of each complaint alleging that a public offense has been committed. The purpose of this review shall be to determine from the available evidence whether there are reasonable grounds to believe that the alleged facts would c…
KRS § 635.020 Criteria for determining how child is to be tried
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(1) If, prior to an adjudicatory hearing, there is a reasonable cause to believe that a child before the court has committed a felony other than those described in subsections (2) and (3) of this section, a misdemeanor, or a violation, the court shall initially proceed in accorda…
KRS § 635.025 Transfer of a youth to an adult facility by sentencing Circuit Court -- Hearing
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Hearing. (1) Upon motion of the Department of Juvenile Justice, the sentencing Circuit Court may, after notice and hearing, order a youth, transferred under KRS 635.020(4), committed to an adult facility operated by the Department of Corrections if it is established by a preponde…
KRS § 635.040 Effect of adjudication by juvenile court
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No adjudication by a juvenile session of District Court shall be deemed a conviction, nor shall such adjudication operate to impose any of the civil disabilities ordinarily resulting from a criminal conviction, nor shall any child be found guilty or be deemed a criminal by reason…
KRS § 635.050 Detention of child after adjudication
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After adjudication, a determination by the court that a child shall be detained pending disposition shall be based on a finding of the court by a preponderance of the evidence that the circumstances surrounding the child are such as to endanger his safety or welfare or that of th…
KRS § 635.055 Detention of child found in contempt of court
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No child who is found to be in contempt of court shall be committed as a public offender as a result of such finding, nor detained because of such finding in a facility other than a secure juvenile detention facility, youth alternative center, an alternative to detention program …
KRS § 635.060 Options of court at dispositional hearing -- Mental health assessment for committed child
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committed child. If in its decree the juvenile court finds that the child comes within the purview of this chapter, the court, at the dispositional hearing, may impose any combination of the following, except that the court shall, if a validated risk and needs assessment tool is …
KRS § 635.070 Discharge from commitment or guardianship
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The Department of Juvenile Justice may discharge the child from commitment after providing fourteen (14) days' prior written notice to the committing court, to the legal representative of the child, and to the county attorney of the county in which the committing court presides, …
KRS § 635.080 Jurisdiction for second offenses -- Community services work program orders
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orders. (1) If a child who has not reached his eighteenth birthday commits a new offense while under the jurisdiction of the court or during the period of commitment, the court of the county where the new offense is committed shall have jurisdiction of the new offense for purpose…
KRS § 635.083 Court's continuing jurisdiction over juvenile repeat offenders
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(1) A juvenile convicted of or adjudged delinquent of three (3) or more offenses, other than violations or status offenses, by the juvenile session of District Court, shall be retained under the jurisdiction and supervision of the court with regard to the commission of that offen…
KRS § 635.085 Imposition of fines
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(1) In lieu of commitment to the Department of Juvenile Justice, if a child is adjudicated a public offender, the court may in its discretion impose a fine. The imposition of a fine for an offense committed by a child shall be based upon a determination that such disposition is i…
KRS § 635.090 Options when child's case not to be handled under KRS Chapter 640 -- Commitment to Department of Juvenile Justice
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Commitment to Department of Juvenile Justice. (1) If the court chooses to treat the child as other than a youthful offender, if the Commonwealth fails to prove the criteria bringing a case under KRS Chapter 640, or if the county attorney elects not to proceed under KRS Chapter 64…
KRS § 635.095 Authority to promulgate administrative regulations
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The Department of Juvenile Justice may promulgate administrative regulations to implement provisions of this chapter.
KRS § 635.100 Graduated sanctions protocol for violation of supervised placement terms or conditions -- Effect of escape, absence without leave, or violation of conditions of placement -- Administrative hearings and regulations
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or conditions -- Effect of escape, absence without leave, or violation of conditions of placement -- Administrative hearings and regulations. (1) The Department of Juvenile Justice shall develop and implement a graduated sanctions protocol of swift, certain, proportionate, and gr…
KRS § 635.110 Human immunodeficiency virus testing for juveniles accused of certain sexual offenses -- Results -- Counseling when test positive
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sexual offenses -- Results -- Counseling when test positive. (1) A juvenile session of a District Court shall comply with the provisions of KRS 510.320 when a child is accused of commission of a public offense as described therein. (2) A juvenile session of a District Court shall…
KRS § 635.120 Release of records of juvenile tried as an adult
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(1) Records, limited to the records of the present case in which the child has been charged, of juveniles tried as adults in the Circuit Court shall be open to the public after the child has been indicted and arraigned on the offense for trial of the child as an adult. (2) Record…
KRS § 635.500 Operation of treatment program for juvenile sexual offenders -- Purpose
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(1) The Department of Juvenile Justice shall operate a program for the treatment of juvenile sexual offenders, referred to in KRS 635.500 to 635.545 as the "program." (2) The general purpose of the program shall be to provide early intervention and treatment of the juvenile sexua…
KRS § 635.505 Definitions for chapter
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As used in this chapter, unless the context otherwise requires: (1) The "treatment program" means a continuum of services provided in community and institutional settings designed to provide early intervention and treatment services for juvenile sexual offenders. (2) A "juvenile …
KRS § 635.510 Criteria for classification as juvenile sexual offender -- Juvenile sexual offender assessment
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offender assessment. (1) A child, thirteen (13) years of age or older at the time of the commission of the offense, shall be declared a juvenile sexual offender if the child has been adjudicated guilty of an offense listed in KRS 635.505(2)(a), (b), (c), (d), (e), or (f). (2) (a)…
KRS § 635.515 Treatment time -- Treatment agreement -- Reports -- Reviews
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(1) A child declared a juvenile sexual offender shall be committed to the custody of the Department of Juvenile Justice and shall receive sexual offender treatment for not more than three (3) years, except that this period of sexual offender treatment may be extended for one (1) …
KRS § 635.520 Responsibility for design of program -- Agreements with public and private agencies
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private agencies. (1) The Department of Juvenile Justice shall have the sole authority and responsibility for establishing the design of the juvenile sexual offender treatment program but shall consult with the Administrative Office of the Courts and the Cabinet for Health and Fa…
KRS § 635.525 Maintenance of data -- Annual report
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The Department of Juvenile Justice shall maintain complete and comprehensive data on each juvenile sexual offender participating in the program and shall compile an annual statistical report on the program.
KRS § 635.527 Disclosure of communications made in course of sexual offender's diagnosis and treatment
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diagnosis and treatment. Communications made in the application for or in the course of a child sexual offender's diagnosis and treatment in the program, between a sexual offender or member of the sexual offender's family and any employee of the department who is assigned to work…
KRS § 635.545 File of participants to be maintained -- Biennial report on whether participants later committed sex-related or other criminal offenses
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participants later committed sex-related or other criminal offenses. (1) The Department of Juvenile Justice shall maintain on file the names and identities of program participants for a period of fifteen (15) years following their participation in the program. The names and ident…