(1) If, prior to an adjudicatory hearing, there is a reasonable cause to believe that a
child before the court has committed a felony other than those described in
subsections (2) and (3) of this section, a misdemeanor, or a violation, the court shall
initially proceed in accordance with the provisions of this chapter.
(2) If a child charged with a capital offense, Class A felony, or Class B felony, had
attained age fourteen (14) at the time of the alleged commission of the offense, the
court shall, upon motion of the county attorney made prior to adjudication, and after
the county attorney has consulted with the Commonwealth's attorney, that the child
be proceeded against as a youthful offender, proceed in accordance with the
provisions of KRS 640.010.
(3) If a child charged with a Class C or Class D felony has on one (1) prior separate
occasion been adjudicated a public offender for a felony offense and had attained
the age of sixteen (16) at the time of the alleged commission of the offense, the
court shall, upon motion of the county attorney made prior to adjudication, and after
the county attorney has consulted with the Commonwealth's attorney, that the child
be proceeded against as a youthful offender, proceed in accordance with the
provisions of KRS 640.010.
(4) (a) If a child charged with a felony had attained the age of fourteen (14) years at
the time of the commission of the alleged offense in which a firearm, whether
functional or not, was used by the child in the commission of the offense, the
court shall, upon motion of the county attorney made prior to adjudication,
and after the county attorney has consulted with the Commonwealth's
attorney, that the child be proceeded against as a youthful offender, proceed in
accordance with KRS 640.010.
(b) 1. Any other provision of KRS Chapters 610 to 645 to the contrary
notwithstanding, if a child charged with a Class A, B, or C felony had
attained the age of fifteen (15) years at the time of the commission of the
alleged offense in which a firearm, whether functional or not, was used
by the child in the commission of the offense, the court shall, upon
motion of the county attorney made prior to adjudication and after
consultation with the Commonwealth's attorney, that the child be
proceeded against as a youthful offender, proceed in accordance with
subparagraph 2. of this paragraph.
2. The child shall be transferred to the Circuit Court for trial as an adult if,
following a preliminary hearing, the District Court finds probable cause
to believe that:
a. The child committed a Class A, B, or C felony;
b. A firearm was used by the child in the commission of that felony;
and
c. The child was fifteen (15) years of age or older at the time of the
commission of the alleged felony.
3. a. After consulting with the county attorney, the Commonwealth's
attorney may transfer the child back to District Court if the
Commonwealth's attorney determines that it is in the best interest
of the public and the child to do so.
b. After considering the factors in KRS 640.010(2)(c), the Circuit
Court may transfer the child back to District Court if the Circuit
Court finds that less than two (2) factors specified in KRS
640.010(2)(c) favor keeping the child in Circuit Court.
4. If convicted in the Circuit Court, he or she shall be subject to the same
penalties as an adult offender, except that until he or she reaches the age
of eighteen (18) years, he or she shall be confined in a facility for
juveniles or for youthful offenders, unless the provisions of KRS
635.025 apply or unless he or she is released pursuant to expiration of
sentence or parole, and at age eighteen (18) he or she shall be returned
to the sentencing Circuit Court for proceedings consistent with KRS
640.030(2).
5. If convicted in the Circuit Court and he or she is returned to the
sentencing Circuit Court for proceedings consistent with KRS
640.030(2), he or she shall not be eligible for probation or conditional
discharge.
(5) If a child previously convicted as a youthful offender under the provisions of KRS
Chapter 640 is charged with a felony allegedly committed prior to his or her
eighteenth birthday, the court shall, upon motion of the county attorney made prior
to adjudication, and after the county attorney has consulted with the
Commonwealth's attorney, that the child be proceeded against as a youthful
offender, proceed in accordance with the provisions of KRS 640.010.
(6) A child who is charged as is provided in subsection (2) of this section and is also
charged with a Class C or D felony, a misdemeanor, or a violation arising from the
same course of conduct shall have all charges included in the same proceedings;
and the court shall, upon motion of the county attorney made prior to adjudication,
and after the county attorney has consulted with the Commonwealth's attorney, that
the child be proceeded against as a youthful offender, proceed in accordance with
the provisions of KRS 640.010.
(7) If a person who is eighteen (18) or older and before the court is charged with a
felony that occurred prior to his or her eighteenth birthday, the court shall, upon
motion of the county attorney made prior to adjudication, and after the county
attorney has consulted with the Commonwealth's attorney, that the child be
proceeded against as a youthful offender, proceed in accordance with the provisions
of KRS 640.010.
(8) All offenses arising out of the same course of conduct shall be tried with the felony
arising from that course of conduct, whether the charges are adjudicated under this
chapter or under KRS Chapter 640 and transferred to Circuit Court.
Effective: July 15, 2024
History: Amended 2024 Ky. Acts ch. 160, sec. 1, effective July 15, 2024. -- Amended
2021 Ky. Acts ch. 132, sec. 2, effective June 29, 2021. -- Amended 2002 Ky. Acts
ch. 257, sec. 15, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 534, sec. 11,
effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 538, sec. 17, effective April
13, 1998; and ch. 606, sec. 85, effective July 15, 1998. -- Amended 1996 Ky. Acts
ch. 358, sec. 40, effective July 15, 1997. -- Amended 1994 Ky. Acts ch. 396, sec. 12,
effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 350, sec. 95, effective April
10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 125, effective July 1, 1987.
Notes of Decisions
Cited in
60
cases (
13 in the last 5 years), 1988–2025 · leading case:
Commonwealth v. Halsell, 934 S.W.2d 552 (Ky. 1996).
Commonwealth v. Halsell, 934 S.W.2d 552 (Ky. 1996).
· cites it 68× “KRS 635.020 as enacted in 1994 provides in relevant part as follows: (1) If, prior to an adjudicatory hearing, there is a reasonable cause to believe that a child before the court has committed a felony .”
Chipman v. Commonwealth, 313 S.W.3d 95 (Ky. 2010).
· cites it 29× “120, two steps are required before a child will be sentenced as a youthful offender. First, the child must qualify for transfer to circuit court and prosecution as a youthful offender by falling under one of the youthful offender provisions in KRS 635.”
Britt v. Commonwealth, 965 S.W.2d 147 (Ky. 1998).
· cites it 51× “Because we believe the evolution of KRS 635.020 and the 1996 amendment of KRS 600.”
Perkins v. Commonwealth, 511 S.W.3d 380 (Ky. Ct. App. 2016).
· cites it 34× “Defense counsel promptly moved the district court to declare KRS 635.020 and 640.010 unconstitutional.”
Jackson v. Commonwealth, 363 S.W.3d 11 (Ky. 2012).
· cites it 17× “Specifically, he claims that the district court never made the findings required under KRS 635.020 and KRS 640.010(2)(a), and that no such finding could have been made in light of the record or the law.”
Kozak v. Commonwealth, 279 S.W.3d 129 (Ky. 2008).
· cites it 26× “any felony offense which would exempt him from KRS 635.020...." The statute then further states that the juvenile "shall be disposed of by the Circuit Court in accordance with the provisions of KRS 635.”
K.R. v. Commonwealth, 360 S.W.3d 179 (Ky. 2012).
· cites it 20× “Under those provisions, the General Assembly has specifically granted the district court great leeway to consider various factors in deciding whether transfer would be appropriate.”
Pollini v. Commonwealth, 172 S.W.3d 418 (Ky. 2005).
· cites it 8× “Because Appellant was seventeen years old at the time these crimes were committed, juvenile court was granted exclusive jurisdiction over the matters unless and until the matters were properly transferred to circuit court pursuant to KRS 635.020 and KRS 640.010. See Osborne v.”
Caldwell v. Commonwealth, 133 S.W.3d 445 (Ky. 2004).
· cites it 8× “Our review of the record demonstrates no prosecutorial misconduct which would require reversal. V. Juvenile Transfer Caldwell argues that he was denied a full and fair transfer hearing in juvenile court when that court only conducted a KRS 635.”
Commonwealth v. Deweese, 141 S.W.3d 372 (Ky. Ct. App. 2003).
· cites it 12× “010, which states in pertinent part: (2) 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…”
Humphrey v. Commonwealth, 153 S.W.3d 854 (Ky. Ct. App. 2004).
· cites it 12× “010(2)(a), the purpose of the preliminary hearing is for the district court to 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…”
Osborne v. Commonwealth, 43 S.W.3d 234 (Ky. 2001).
· cites it 4× “That statute requires that the child be returned to juvenile court if the grand jury does not find probable cause to indict the child as a youthful offender under KRS 635.020(2), (3), (5), (6), (7) and (8), but does find probable cause to indict the child for another criminal…”
— Ky. Rev. Stat. § 635.020(1) — 4 cases
Commonwealth v. Halsell, 934 S.W.2d 552 (Ky. 1996).
“KRS 635.020 as enacted in 1994 provides in relevant part as follows: (1) If, prior to an adjudicatory hearing, there is a reasonable cause to believe that a child before the court has committed a felony .”
— Ky. Rev. Stat. § 635.020(2) — 20 cases
Kozak v. Commonwealth, 279 S.W.3d 129 (Ky. 2008).
“any felony offense which would exempt him from KRS 635.020...." The statute then further states that the juvenile "shall be disposed of by the Circuit Court in accordance with the provisions of KRS 635.”
Chipman v. Commonwealth, 313 S.W.3d 95 (Ky. 2010).
“120, two steps are required before a child will be sentenced as a youthful offender. First, the child must qualify for transfer to circuit court and prosecution as a youthful offender by falling under one of the youthful offender provisions in KRS 635.”
Perkins v. Commonwealth, 511 S.W.3d 380 (Ky. Ct. App. 2016).
“Defense counsel promptly moved the district court to declare KRS 635.020 and 640.010 unconstitutional.”
Humphrey v. Commonwealth, 153 S.W.3d 854 (Ky. Ct. App. 2004).
“010(2)(a), the purpose of the preliminary hearing is for the district court to 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…”
— Ky. Rev. Stat. § 635.020(3) — 5 cases
Jackson v. Commonwealth, 363 S.W.3d 11 (Ky. 2012).
“Specifically, he claims that the district court never made the findings required under KRS 635.020 and KRS 640.010(2)(a), and that no such finding could have been made in light of the record or the law.”
— Ky. Rev. Stat. § 635.020(4) — 33 cases
Commonwealth v. Halsell, 934 S.W.2d 552 (Ky. 1996).
“KRS 635.020 as enacted in 1994 provides in relevant part as follows: (1) If, prior to an adjudicatory hearing, there is a reasonable cause to believe that a child before the court has committed a felony .”
Britt v. Commonwealth, 965 S.W.2d 147 (Ky. 1998).
“Because we believe the evolution of KRS 635.020 and the 1996 amendment of KRS 600.”
K.R. v. Commonwealth, 360 S.W.3d 179 (Ky. 2012).
“Under those provisions, the General Assembly has specifically granted the district court great leeway to consider various factors in deciding whether transfer would be appropriate.”
Chipman v. Commonwealth, 313 S.W.3d 95 (Ky. 2010).
“120, two steps are required before a child will be sentenced as a youthful offender. First, the child must qualify for transfer to circuit court and prosecution as a youthful offender by falling under one of the youthful offender provisions in KRS 635.”
Caldwell v. Commonwealth, 133 S.W.3d 445 (Ky. 2004).
“Our review of the record demonstrates no prosecutorial misconduct which would require reversal. V. Juvenile Transfer Caldwell argues that he was denied a full and fair transfer hearing in juvenile court when that court only conducted a KRS 635.”
— Ky. Rev. Stat. § 635.020(5) — 1 case
— Ky. Rev. Stat. § 635.020(7) — 3 cases
— Ky. Rev. Stat. § 635.020(8) — 2 cases
Pollini v. Commonwealth, 172 S.W.3d 418 (Ky. 2005).
“Because Appellant was seventeen years old at the time these crimes were committed, juvenile court was granted exclusive jurisdiction over the matters unless and until the matters were properly transferred to circuit court pursuant to KRS 635.020 and KRS 640.010. See Osborne v.”
Osborne v. Commonwealth, 43 S.W.3d 234 (Ky. 2001).
“That statute requires that the child be returned to juvenile court if the grand jury does not find probable cause to indict the child as a youthful offender under KRS 635.020(2), (3), (5), (6), (7) and (8), but does find probable cause to indict the child for another criminal…”
— Ky. Rev. Stat. § 635.020(B) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.