Kentucky Statutes 640.010 – Preliminary hearing — Proof required to try child as youthful offender in Circuit Court
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(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.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 132, sec. 3, effective June 29, 2021. — Amended
2000 Ky. Acts ch. 534, sec. 16, effective July 14, 2000. — Amended 1998 Ky. Acts ch. 606, sec. 116, effective July 15, 1998. — Amended 1996 Ky. Acts ch. 358, sec.
55, effective July 15, 1997. — Amended 1994 Ky. Acts ch. 396, sec. 13, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 412, sec. 1, effective July 14, 1992. — Amended 1988 Ky. Acts ch. 350, sec. 104, effective April 10, 1988. — Created 1986
Ky. Acts ch. 423, sec. 134, effective July 1, 1987.
Legislative Research Commission Note (6/29/2021). In 2021 Ky. Acts ch. 132, sec. 3, the numbering of the paragraphs of subsection (2) of this statute was altered, and in that process paragraph (b) became paragraph (c). However, references to paragraph (b) in new paragraphs (d) and (e) were not changed to reference its new designation as paragraph (c) to conform. In codification, the Reviser of Statutes has corrected those manifest clerical or typographical errors in accordance with KRS § 7.136(1)(h).
Legislative Research Commission Note. Acts 1986, ch. 423, and 199 read: “KRS
446.250 to 446.320 to the contrary notwithstanding, Acts 1986, ch. 423 shall prevail in the event of a conflict between Acts 1986, ch. 423 and other Acts passed by the
1986 regular session of the General Assembly.”
(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.
Terms Used In Kentucky Statutes 640.010
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
(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.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 132, sec. 3, effective June 29, 2021. — Amended
2000 Ky. Acts ch. 534, sec. 16, effective July 14, 2000. — Amended 1998 Ky. Acts ch. 606, sec. 116, effective July 15, 1998. — Amended 1996 Ky. Acts ch. 358, sec.
55, effective July 15, 1997. — Amended 1994 Ky. Acts ch. 396, sec. 13, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 412, sec. 1, effective July 14, 1992. — Amended 1988 Ky. Acts ch. 350, sec. 104, effective April 10, 1988. — Created 1986
Ky. Acts ch. 423, sec. 134, effective July 1, 1987.
Legislative Research Commission Note (6/29/2021). In 2021 Ky. Acts ch. 132, sec. 3, the numbering of the paragraphs of subsection (2) of this statute was altered, and in that process paragraph (b) became paragraph (c). However, references to paragraph (b) in new paragraphs (d) and (e) were not changed to reference its new designation as paragraph (c) to conform. In codification, the Reviser of Statutes has corrected those manifest clerical or typographical errors in accordance with KRS § 7.136(1)(h).
Legislative Research Commission Note. Acts 1986, ch. 423, and 199 read: “KRS
446.250 to 446.320 to the contrary notwithstanding, Acts 1986, ch. 423 shall prevail in the event of a conflict between Acts 1986, ch. 423 and other Acts passed by the
1986 regular session of the General Assembly.”