KRS § 635.020 — KY Code / Title LI / Chapter 635 / Section 635.020
635.020 Criteria for determining how child is to be tried
Status: in_force

635.020 Criteria for determining how child is to be tried.

(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.

(4) (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.