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610.280 Considerations for and findings from detention hearing.
(1)
(2)
At the detention hearing held pursuant to KRS 610.265, the court shall make
separate findings as follows:
(a) If there is probable cause to believe that an offense has been committed and
that the accused child committed that offense. Probable cause may be
established in the same manner as in a preliminary hearing in cases involving
adults accused of felonies. The child shall be afforded the right to confront
and cross-examine witnesses. The Commonwealth shall bear the burden of
proof, and if it should fail to establish probable cause, the child shall be
released and the complaint or petition dismissed unless the court determines
further detention is necessary to assure the appearance of the child in court on
another pending case;
(b) In determining whether a child should be further detained, the court shall
consider the seriousness of the alleged offense, the possibility that the child
would commit an offense dangerous to himself or the community pending
disposition of the alleged offense, the child's prior record, if any, and whether
there are other charges pending against the child.
If, after completion of the detention hearing, the court is of the opinion that
detention is necessary, the order shall state on the record the specific reasons for
detention.
Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 257, sec. 14, effective July 15, 2002. -- Amended
2000 Ky. Acts ch. 193, sec. 6, effective July 14, 2000. -- Amended 1998 Ky. Acts ch.
606, sec. 5, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 489, sec. 5,
effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 350, sec. 33, effective April
10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 47, effective July 1, 1987.
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