KRS § 640.010 — KY Code / Title LI / Chapter 640 / Section 640.010
640.010 Preliminary hearing -- Proof required to try child as youthful offender in Circuit Court
Status: in_force

640.010 Preliminary hearing -- Proof required to try child as youthful offender in

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.

(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.