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640.010 Preliminary hearing -- Proof required to try child as youthful offender
in Circuit Court.
(1)
(2)
For children who are alleged to be youthful offenders by falling in the purview
of KRS 635.020(2), (3), (5), (6), (7), or (8), the court shall at arraignment assure
that the child's rights as specified in KRS 610.060 have been explained and
followed.
In the case of a child alleged to be a youthful offender by falling within the
purview of KRS 635.020(2), (3), (5), (6), (7), or (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.
(a) 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.
(b) 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; and
8.
Evidence of a child's participation in a gang.
(c) If, following the completion of the preliminary hearing, the District Court
finds, after considering the factors enumerated in paragraph (b) of this
subsection, that two (2) or more of the factors specified in paragraph (b)
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.
(d) If, following completion of the preliminary hearing, the District Court is of
the opinion, after considering the factors enumerated in paragraph (b) 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), (3), (5), (6), (7), and (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:July 14, 2000
History: 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. 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."
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