Request By:
Mr. Gardner D. Wagers
Clark County Judge/Executive
P.O. Box 5
Winchester, Kentucky 40391
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
Reference is made to OAG 79-9, in which we concluded in part on page 2 thereof that there is no statute authorizing the court to impose a work-for-the-county or city provision as a part of the penalty in connection with convicted adults and juveniles. You will note that the conclusion, as relates to juveniles convicted of a misdemeanor by the district court, narrowly related to convictions of juveniles in district court (not in juvenile session) of moving motor vehicle offenses [16 and older] pursuant to KRS 208.020(1)(a). The district court in juvenile session has no jurisdiction of children of 16 years or older who commit moving motor vehicle offenses. However, the district court (not in juvenile session) has jurisdiction of such offenses.
Notwithstanding this narrow factual element, we understand that the conclusion in OAG 79-9, as relates to convicted juveniles, has perhaps been the object of some confusion.
In the interest of clarity or proper perspective, we hereby extend the opinion.
KRS 208.200(4), by an amendment in 1976 [Ch. 168, § 8], provides in part that if a child sixteen (16) years of age or older has been adjudicated delinquent in the commission of an offense classified as a misdemeanor or violation, the court [district court in juvenile session] in its discretion may order, as a dispositional alternative, inter alia, that the juvenile participate in a community services work program. The work must be of a constructive nature and designed to promote the rehabilitation of the child, and must be appropriate to the age level and physical ability of the child and shall be combined with counseling from a probation office or other responsible person. The work program shall not be scheduled during such times that would interfere with educational, occupational, or religious obligations of the child.
The assignment by the district court in juvenile session of the child to a community services work program must be made to a governmental [includes a city or county government] or nonprofit community organization for a specified period of time, not to exceed one hundred and twenty (120) hours for a child adjudicated delinquent in the commission of a class A misdemeanor, not to exceed eighty (80) hours for a child adjudicated delinquent in the commission of a class B misdemeanor, and not to exceed forty (40) hours for a child adjudicated delinquent in the commission of an offense classified as a violation under the penal code. A child may be directed to participate in a community services work program for the purposes of restitution authorized by KRS 208.240.
Thus OAG 79-9 is extended to develop the above added factual situation.