635.010 Complaint -- Duties of county attorney and court-designated worker.

268 words·~1 min read·/ky/chapter-635/635-010

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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 constitute a public offense. The county attorney

may elect not to proceed with the complaint, regardless of whether reasonable

grounds exist, and dismiss the complaint.

(2)The county attorney, upon receipt of a request for special review, shall consider the

facts presented by the complainant and by the court-designated worker who made

the recommendation that no petition be filed, before the county attorney makes a

final decision as to whether a public offense petition shall or shall not be filed.

(3)In all cases in which the child is alleged to have committed a public offense and is

not detained, the court-designated worker shall submit his written recommendation

to the county attorney or designee within twenty

(20)days, exclusive of weekends

and holidays, from the date the child was taken into custody or the complaint was

filed. In cases where the child is detained, the court-designated worker's report shall

be submitted within seventy-two

(72)hours of the time the child is ordered

detained.

(4)The county attorney may not file a petition if the complaint is a misdemeanor and

the child who is the subject of the diversion agreement has no prior adjudications

and no prior diversions.

(5)If a public offense petition is filed, it shall be verified by information and belief and

contain the information listed in KRS 610.020.