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Kentucky Revised Statutes Title LI. Unified Juvenile Code § 640.010.Preliminary hearing; proof required to try child as youthful offender in Circuit Court

Current as of January 01, 2025 | Updated by Findlaw Staff

(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.

(2)(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.

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Cite this article: FindLaw.com - Kentucky Revised Statutes Title LI. Unified Juvenile Code § 640.010.Preliminary hearing; proof required to try child as youthful offender in Circuit Court - last updated January 01, 2025 | https://codes.findlaw.com/ky/title-li-unified-juvenile-code/ky-rev-st-sect-640-010/

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