Circuit Court.
(1) For children who are alleged to be youthful offenders by falling in the purview of
KRS 635.020(2) to (8), the court shall at arraignment ensure that the child's rights as
specified in KRS 610.060 have been explained and followed.
(2) (a) In the case of a child alleged to be a youthful offender by falling within the
purview of KRS 635.020(2) to (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.
(b) 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.
(c) 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;
8. Evidence of a child's participation in a gang;
9. Whether the child is a defendant with a serious intellectual disability in
accordance with KRS 532.130; and
10. Whether the child used a firearm in the commission of the offense.
(d) If, following the completion of the preliminary hearing, the District Court
finds, after considering the factors enumerated in paragraph (c) of this
subsection, that two (2) or more of the factors specified in paragraph (c) 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.
(e) If, following completion of the preliminary hearing, the District Court is of the
opinion, after considering the factors enumerated in paragraph (c) 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) to (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: June 29, 2021
History: Amended 2021 Ky. Acts ch. 132, sec. 3, effective June 29, 2021. -- 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 (6/29/2021). In 2021 Ky. Acts ch. 132, sec. 3,
the numbering of the paragraphs of subsection (2) of this statute was altered, and in
that process paragraph (b) became paragraph (c). However, references to paragraph
(b) in new paragraphs (d) and (e) were not changed to reference its new designation
as paragraph (c) to conform. In codification, the Reviser of Statutes has corrected
those manifest clerical or typographical errors in accordance with KRS 7.136(1)(h).
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."
Notes of Decisions
Cited in
39
cases (
6 in the last 5 years), 1988–2023 · leading case:
Osborne v. Commonwealth, 43 S.W.3d 234 (Ky. 2001).
Osborne v. Commonwealth, 43 S.W.3d 234 (Ky. 2001).
· cites it 18× “Following a transfer hearing held pursuant to KRS 640.010, Appellant was transferred to the Whitley Circuit Court as a youthful offender.”
Commonwealth v. Halsell, 934 S.W.2d 552 (Ky. 1996).
· cites it 28× “020(4) can be harmonized with KRS 640.010 or whether there is an irreconcilable statutory conflict necessitating the invalidation of the 1994 amendment to KRS 635.”
Jackson v. Commonwealth, 363 S.W.3d 11 (Ky. 2012).
· cites it 14× “5 That the court was proceeding under the firearm provision in subsection (4) is unlikely, since that provision bypasses KRS 640.010 and mandates transfer upon the mandatory finding.”
Humphrey v. Commonwealth, 153 S.W.3d 854 (Ky. Ct. App. 2004).
· cites it 26× “ss 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…”
Barth v. Commonwealth, 80 S.W.3d 390 (Ky. 2001).
· cites it 6× “020, the district judge must hold a preliminary hearing to determine if, inter alia, probable cause exists that a serious offense was committed and that the juvenile committed it.”
Perkins v. Commonwealth, 511 S.W.3d 380 (Ky. Ct. App. 2016).
· cites it 12× “020 and KRS 640.010 are constitutional; and, no expei’t defense witness was required for the transfer hearing.”
Pollini v. Commonwealth, 172 S.W.3d 418 (Ky. 2005).
· cites it 4× “020 and KRS 640.010. See Osborne v. Commonwealth, 43 S.”
Harden v. Commonwealth, 885 S.W.2d 323 (Ky. Ct. App. 1994).
· cites it 14× “Appellant challenges the circuit court’s jurisdiction over the case on grounds that the district court judge did not make adequate findings under KRS 640.010 to transfer the case to circuit court.”
Britt v. Commonwealth, 965 S.W.2d 147 (Ky. 1998).
· cites it 12× “020 was designed merely to facilitate transfer of juveniles accused of committing a felony with a firearm to the circuit court by bypassing the proof required under KRS 640.010. Because our holding is based upon the evolution of KRS 635.”
Phon v. Com. of Ky., 545 S.W.3d 284 (Mo. Ct. App. 2018).
“030(1) does allow a person convicted of a capital offense to also be sentenced to life without parole, the trial court classified Shepherd as a youthful offender pursuant to KRS 640.010. Thus, the youthful offender chapter governs his appropriate sentencing considerations.”
Commonwealth v. Phon, 17 S.W.3d 106 (Ky. 2000).
· cites it 2× “2d 327, 328 (1988) (youthful offender statute, KRS 640.010, could apply prospectively only as it did not specifically state that it was to be applied retroactively).”
Shepherd v. Commonwealth, 251 S.W.3d 309 (Ky. 2008).
“030(1) does allow a person convicted of a capital offense to also be sentenced to life without parole, the trial court classified Shepherd as a youthful offender pursuant to KRS 640.010. Thus, the youthful offender chapter governs his appropriate sentencing considerations.”
— Ky. Rev. Stat. § 640.010(1) — 1 case
Commonwealth v. Halsell, 934 S.W.2d 552 (Ky. 1996).
“020(4) can be harmonized with KRS 640.010 or whether there is an irreconcilable statutory conflict necessitating the invalidation of the 1994 amendment to KRS 635.”
— Ky. Rev. Stat. § 640.010(2) — 13 cases
Commonwealth v. Halsell, 934 S.W.2d 552 (Ky. 1996).
“020(4) can be harmonized with KRS 640.010 or whether there is an irreconcilable statutory conflict necessitating the invalidation of the 1994 amendment to KRS 635.”
Humphrey v. Commonwealth, 153 S.W.3d 854 (Ky. Ct. App. 2004).
“ss 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…”
Barth v. Commonwealth, 80 S.W.3d 390 (Ky. 2001).
“020, the district judge must hold a preliminary hearing to determine if, inter alia, probable cause exists that a serious offense was committed and that the juvenile committed it.”
Jackson v. Commonwealth, 363 S.W.3d 11 (Ky. 2012).
“5 That the court was proceeding under the firearm provision in subsection (4) is unlikely, since that provision bypasses KRS 640.010 and mandates transfer upon the mandatory finding.”
Harden v. Commonwealth, 885 S.W.2d 323 (Ky. Ct. App. 1994).
“Appellant challenges the circuit court’s jurisdiction over the case on grounds that the district court judge did not make adequate findings under KRS 640.010 to transfer the case to circuit court.”
— Ky. Rev. Stat. § 640.010(2)(a) — 3 cases
Jackson v. Commonwealth, 363 S.W.3d 11 (Ky. 2012).
“5 That the court was proceeding under the firearm provision in subsection (4) is unlikely, since that provision bypasses KRS 640.010 and mandates transfer upon the mandatory finding.”
Humphrey v. Commonwealth, 153 S.W.3d 854 (Ky. Ct. App. 2004).
“ss 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…”
— Ky. Rev. Stat. § 640.010(2)(b) — 13 cases
Osborne v. Commonwealth, 43 S.W.3d 234 (Ky. 2001).
“Following a transfer hearing held pursuant to KRS 640.010, Appellant was transferred to the Whitley Circuit Court as a youthful offender.”
Perkins v. Commonwealth, 511 S.W.3d 380 (Ky. Ct. App. 2016).
“020 and KRS 640.010 are constitutional; and, no expei’t defense witness was required for the transfer hearing.”
Jackson v. Commonwealth, 363 S.W.3d 11 (Ky. 2012).
“5 That the court was proceeding under the firearm provision in subsection (4) is unlikely, since that provision bypasses KRS 640.010 and mandates transfer upon the mandatory finding.”
Humphrey v. Commonwealth, 153 S.W.3d 854 (Ky. Ct. App. 2004).
“ss 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…”
Commonwealth v. Halsell, 934 S.W.2d 552 (Ky. 1996).
“020(4) can be harmonized with KRS 640.010 or whether there is an irreconcilable statutory conflict necessitating the invalidation of the 1994 amendment to KRS 635.”
— Ky. Rev. Stat. § 640.010(2)(b)(6) — 1 case
Harden v. Commonwealth, 885 S.W.2d 323 (Ky. Ct. App. 1994).
“Appellant challenges the circuit court’s jurisdiction over the case on grounds that the district court judge did not make adequate findings under KRS 640.010 to transfer the case to circuit court.”
— Ky. Rev. Stat. § 640.010(2)(b)(l) — 2 cases
Harden v. Commonwealth, 885 S.W.2d 323 (Ky. Ct. App. 1994).
“Appellant challenges the circuit court’s jurisdiction over the case on grounds that the district court judge did not make adequate findings under KRS 640.010 to transfer the case to circuit court.”
— Ky. Rev. Stat. § 640.010(2)(c) — 10 cases
Osborne v. Commonwealth, 43 S.W.3d 234 (Ky. 2001).
“Following a transfer hearing held pursuant to KRS 640.010, Appellant was transferred to the Whitley Circuit Court as a youthful offender.”
Britt v. Commonwealth, 965 S.W.2d 147 (Ky. 1998).
“020 was designed merely to facilitate transfer of juveniles accused of committing a felony with a firearm to the circuit court by bypassing the proof required under KRS 640.010. Because our holding is based upon the evolution of KRS 635.”
Jackson v. Commonwealth, 363 S.W.3d 11 (Ky. 2012).
“5 That the court was proceeding under the firearm provision in subsection (4) is unlikely, since that provision bypasses KRS 640.010 and mandates transfer upon the mandatory finding.”
— Ky. Rev. Stat. § 640.010(2)(e) — 1 case
Britt v. Commonwealth, 965 S.W.2d 147 (Ky. 1998).
“020 was designed merely to facilitate transfer of juveniles accused of committing a felony with a firearm to the circuit court by bypassing the proof required under KRS 640.010. Because our holding is based upon the evolution of KRS 635.”
— Ky. Rev. Stat. § 640.010(3) — 3 cases
Osborne v. Commonwealth, 43 S.W.3d 234 (Ky. 2001).
“Following a transfer hearing held pursuant to KRS 640.010, Appellant was transferred to the Whitley Circuit Court as a youthful offender.”
Jackson v. Commonwealth, 363 S.W.3d 11 (Ky. 2012).
“5 That the court was proceeding under the firearm provision in subsection (4) is unlikely, since that provision bypasses KRS 640.010 and mandates transfer upon the mandatory finding.”
— Ky. Rev. Stat. § 640.010(c) — 1 case
Annotations are extracted automatically from the opinions in the
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