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635.010 Complaint -- Duties of county attorney and court-designated worker.
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The county attorney shall cause a review to be made of each complaint alleging that
a public offense has been committed. The purpose of this review shall be to
determine from the available evidence whether there are reasonable grounds to
believe that the alleged facts would constitute a public offense. The county attorney
may elect not to proceed with the complaint, regardless of whether reasonable
grounds exist, and dismiss the complaint.
The county attorney, upon receipt of a request for special review, shall consider the
facts presented by the complainant and by the court-designated worker who made
the recommendation that no petition be filed, before the county attorney makes a
final decision as to whether a public offense petition shall or shall not be filed.
In all cases in which the child is alleged to have committed a public offense and is
not detained, the court-designated worker shall submit his written recommendation
to the county attorney or designee within twenty (20) days, exclusive of weekends
and holidays, from the date the child was taken into custody or the complaint was
filed. In cases where the child is detained, the court-designated worker's report shall
be submitted within seventy-two (72) hours of the time the child is ordered
detained.
The county attorney may not file a petition if the complaint is a misdemeanor and
the child who is the subject of the diversion agreement has no prior adjudications
and no prior diversions.
If a public offense petition is filed, it shall be verified by information and belief and
contain the information listed in KRS 610.020.
Effective: July 15, 2014
History: Amended 2014 Ky. Acts ch. 132, sec. 45, effective July 15, 2014. -- Amended
1996 Ky. Acts ch. 358, sec. 39, effective July 15, 1997. -- Amended 1988 Ky. Acts
ch. 350, sec. 94, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 124,
effective July 1, 1987.
Legislative Research Commission Note (7/15/96). Under 1996 Ky. Acts ch. 358, sec.
67(1), the amendment of this statute by Section 39 of that Act becomes effective July
15, 1997.
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