Court -- Release of records.
(1) A child who is charged with an offense which classifies him for trial as an adult in the Circuit Court or the adult session of the District Court shall, at the time the decision is made by the court to try the child as an adult, be subject to the arrest, post-arrest, and criminal procedures that apply to an adult, except for the place of confinement, as provided in the Kentucky Revised Statutes and the Rules of Criminal Procedure.
(2) The Circuit Court shall try all misdemeanor, violation, traffic offense, and status offense matters included in or which arise from the act or series of acts which result in the trial of a child as an adult in the Circuit Court.
(3) Records, limited to the records of the present case in which the child has been charged, relating to a child charged under this section shall not be made public until after the child has been indicted and arraigned on the offense for trial of the child as an adult. Release of the child's treatment, medical, mental, or psychological records is prohibited unless presented as evidence in Circuit Court. Release of any records resulting from the child's prior abuse and neglect under Title IV-E or Title IV-B of the Federal Social Security Act is also prohibited.
(4) This section shall not be construed as permitting the release of the child's treatment, medical, mental, or psychological records unless those records are presented as evidence in open court. The release of information relative to the child's eligibility for services under Title IV-E or IV-B of the Federal Social Security Act is prohibited. Effective: July 15, 1997 History: Created 1996 Ky. Acts ch. 358, sec. 19, effective July 15, 1997. Legislative Research Commission Note (7/15/96). Under 1996 Ky. Acts ch. 358, sec. 67(1), this statute becomes effective July 15, 1997.
Notes of Decisions
Pollini v. Commonwealth, 172 S.W.3d 418 (Ky. 2005).
· cites it 4× “After careful review of KRS 610.015(2) and KRS 635.020(8), we find the standard articulated in Osborne extends beyond just those offenses which involve the same victim.”
Commonwealth v. Deweese, 141 S.W.3d 372 (Ky. Ct. App. 2003).
· cites it 2× “argues that KRS 610.015(1) evidences an intent by the legislature that the criminal rules should only apply full force after the hearing pursuant to KRS 635.”
Jackson v. Commonwealth, 363 S.W.3d 11 (Ky. 2012).
“010(2), where they may be tried like adults, KRS 610.015, and “shall be subject to the same type of sentencing procedures and duration of sentence, including probation and conditional discharge, as an adult convicted of a felony offense” with some exceptions, KRS 640.”
B.H. v. Commonwealth, 494 S.W.3d 467 (Ky. 2016).
“KRS 610.015. But if the juvenile reaches the final stage of the case, he will have a formal proceeding to determine the truth or falsity of the allegations, with a hearing before the court, not a jury trial.”
WPSD TV v. Jameson, 552 S.W.3d 93 (Ky. Ct. App. 2018).
· cites it 2× “Beginning "at the time the decision is made by the court to try the child as an adult," that child "shall ... be subject to the arrest, post-arrest, and criminal procedures that apply to an adult, except for the place of confinement.”
— Ky. Rev. Stat. § 610.015(1) — 2 cases
Commonwealth v. Deweese, 141 S.W.3d 372 (Ky. Ct. App. 2003).
“argues that KRS 610.015(1) evidences an intent by the legislature that the criminal rules should only apply full force after the hearing pursuant to KRS 635.”
WPSD TV v. Jameson, 552 S.W.3d 93 (Ky. Ct. App. 2018).
“Beginning "at the time the decision is made by the court to try the child as an adult," that child "shall ... be subject to the arrest, post-arrest, and criminal procedures that apply to an adult, except for the place of confinement.”
— Ky. Rev. Stat. § 610.015(2) — 1 case
Pollini v. Commonwealth, 172 S.W.3d 418 (Ky. 2005).
“After careful review of KRS 610.015(2) and KRS 635.020(8), we find the standard articulated in Osborne extends beyond just those offenses which involve the same victim.”
— Ky. Rev. Stat. § 610.015(3) — 1 case
WPSD TV v. Jameson, 552 S.W.3d 93 (Ky. Ct. App. 2018).
“Beginning "at the time the decision is made by the court to try the child as an adult," that child "shall ... be subject to the arrest, post-arrest, and criminal procedures that apply to an adult, except for the place of confinement.”
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