635.020 Criteria for determining how child is to be tried.
969 words·~4 min read·
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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 accordance with the provisions of this chapter.
(2)If a child charged with a capital offense, Class A felony, or Class B felony, had
attained age fourteen
(14)at the time of the alleged commission of the offense, the
court shall, upon motion of the county attorney made prior to adjudication, and after
the county attorney has consulted with the Commonwealth's attorney, that the child
be proceeded against as a youthful offender, proceed in accordance with the
provisions of KRS 640.010.
(3)If a child charged with a Class C or Class D felony has on one
(1)prior separate
occasion been adjudicated a public offender for a felony offense and had attained
the age of sixteen
(16)at the time of the alleged commission of the offense, the
court shall, upon motion of the county attorney made prior to adjudication, and after
the county attorney has consulted with the Commonwealth's attorney, that the child
be proceeded against as a youthful offender, proceed in accordance with the
provisions of KRS 640.010.
(a)If a child charged with a felony had attained the age of fourteen
(14)years at
the time of the commission of the alleged offense in which a firearm, whether
functional or not, was used by the child in the commission of the offense, the
court shall, upon motion of the county attorney made prior to adjudication,
and after the county attorney has consulted with the Commonwealth's
attorney, that the child be proceeded against as a youthful offender, proceed in
accordance with KRS 640.010.
(b)1. Any other provision of KRS Chapters 610 to 645 to the contrary
notwithstanding, if a child charged with a Class A, B, or C felony had
attained the age of fifteen
(15)years at the time of the commission of the
alleged offense in which a firearm, whether functional or not, was used
by the child in the commission of the offense, the court shall, upon
motion of the county attorney made prior to adjudication and after
consultation with the Commonwealth's attorney, that the child be
proceeded against as a youthful offender, proceed in accordance with
subparagraph 2. of this paragraph.
2. The child shall be transferred to the Circuit Court for trial as an adult if,
following a preliminary hearing, the District Court finds probable cause
to believe that:
a. The child committed a Class A, B, or C felony;
b. A firearm was used by the child in the commission of that felony;
and
c. The child was fifteen
(15)years of age or older at the time of the
commission of the alleged felony.
3. a. After consulting with the county attorney, the Commonwealth's
attorney may transfer the child back to District Court if the
Commonwealth's attorney determines that it is in the best interest
of the public and the child to do so.
b. After considering the factors in KRS 640.010(2)(c), the Circuit
Court may transfer the child back to District Court if the Circuit
Court finds that less than two
(2)factors specified in KRS
640.010(2)(c) favor keeping the child in Circuit Court.
4. If convicted in the Circuit Court, he or she shall be subject to the same
penalties as an adult offender, except that until he or she reaches the age
of eighteen
(18)years, he or she shall be confined in a facility for
juveniles or for youthful offenders, unless the provisions of KRS
635.025 apply or unless he or she is released pursuant to expiration of
sentence or parole, and at age eighteen
(18)he or she shall be returned
to the sentencing Circuit Court for proceedings consistent with KRS
640.030(2).
5. If convicted in the Circuit Court and he or she is returned to the
sentencing Circuit Court for proceedings consistent with KRS
640.030(2), he or she shall not be eligible for probation or conditional
discharge.
(5)If a child previously convicted as a youthful offender under the provisions of KRS
Chapter 640 is charged with a felony allegedly committed prior to his or her
eighteenth birthday, the court shall, upon motion of the county attorney made prior
to adjudication, and after the county attorney has consulted with the
Commonwealth's attorney, that the child be proceeded against as a youthful
offender, proceed in accordance with the provisions of KRS 640.010.
(6)A child who is charged as is provided in subsection
(2)of this section and is also
charged with a Class C or D felony, a misdemeanor, or a violation arising from the
same course of conduct shall have all charges included in the same proceedings;
and the court shall, upon motion of the county attorney made prior to adjudication,
and after the county attorney has consulted with the Commonwealth's attorney, that
the child be proceeded against as a youthful offender, proceed in accordance with
the provisions of KRS 640.010.
(7)If a person who is eighteen
(18)or older and before the court is charged with a
felony that occurred prior to his or her eighteenth birthday, the court shall, upon
motion of the county attorney made prior to adjudication, and after the county
attorney has consulted with the Commonwealth's attorney, that the child be
proceeded against as a youthful offender, proceed in accordance with the provisions
of KRS 640.010.
(8)All offenses arising out of the same course of conduct shall be tried with the felony
arising from that course of conduct, whether the charges are adjudicated under this
chapter or under KRS Chapter 640 and transferred to Circuit Court.