640.010 Preliminary hearing -- Proof required to try child as youthful offender in
569 words·~3 min read·
/ky/640-010A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Circuit Court.
(1)For children who are alleged to be youthful offenders by falling in the purview of
KRS 635.020(2) to (8), the court shall at arraignment ensure that the child's rights as
specified in KRS 610.060 have been explained and followed.
(a)In the case of a child alleged to be a youthful offender by falling within the
purview of KRS 635.020(2) to (8), the District Court shall, upon motion by
the county attorney to proceed under this chapter, and after the county attorney
has consulted with the Commonwealth's attorney, conduct a preliminary
hearing to determine if the child should be transferred to Circuit Court as a
youthful offender. The preliminary hearing shall be conducted in accordance
with the Rules of Criminal Procedure.
(b)At the preliminary hearing, the court shall determine if there is probable cause
to believe that an offense was committed, that the child committed the
offense, and that the child is of sufficient age and has the requisite number of
prior adjudications, if any, necessary to fall within the purview of KRS
635.020.
(c)If the District Court determines probable cause exists, the court shall consider
the following factors before determining whether the child's case shall be
transferred to the Circuit Court:
1. The seriousness of the alleged offense;
2. Whether the offense was against persons or property, with greater
weight being given to offenses against persons;
3. The maturity of the child as determined by his environment;
4. The child's prior record;
5. The best interest of the child and community;
6. The prospects of adequate protection of the public;
7. The likelihood of reasonable rehabilitation of the child by the use of
procedures, services, and facilities currently available to the juvenile
justice system;
8. Evidence of a child's participation in a gang;
9. Whether the child is a defendant with a serious intellectual disability in
accordance with KRS 532.130; and
10. Whether the child used a firearm in the commission of the offense.
(d)If, following the completion of the preliminary hearing, the District Court
finds, after considering the factors enumerated in paragraph
(c)of this
subsection, that two
(2)or more of the factors specified in paragraph
(c)of
this subsection are determined to favor transfer, the child may be transferred
to Circuit Court, and if the child is transferred the District Court shall issue an
order transferring the child as a youthful offender and shall state on the record
the reasons for the transfer. The child shall then be proceeded against in the
Circuit Court as an adult, except as otherwise provided in this chapter.
(e)If, following completion of the preliminary hearing, the District Court is of the
opinion, after considering the factors enumerated in paragraph
(c)of this
subsection, that the child shall not be transferred to the Circuit Court, the case
shall be dealt with as provided in KRS Chapter 635.
(3)If the child is transferred to Circuit Court under this section and the grand jury does
not find that there is probable cause to indict the child as a youthful offender, as
defined in KRS 635.020(2) to (8), but does find that there is probable cause to indict
the child for another criminal offense, the child shall not be tried as a youthful
offender in Circuit Court but shall be returned to District Court to be dealt with as
provided in KRS Chapter 635.