{"data":{"id":"us-ky/krs-635.020","jurisdiction":"us-ky","citation":"KRS 635.020","heading":"Criteria for determining how child is to be tried.","body":"(1) If, prior to an adjudicatory hearing, there is a reasonable cause to believe that a\nchild before the court has committed a felony other than those described in\nsubsections (2) and (3) of this section, a misdemeanor, or a violation, the court shall\ninitially proceed in accordance with the provisions of this chapter.\n(2) If a child charged with a capital offense, Class A felony, or Class B felony, had\nattained age fourteen (14) at the time of the alleged commission of the offense, the\ncourt shall, upon motion of the county attorney made prior to adjudication, and after\nthe county attorney has consulted with the Commonwealth's attorney, that the child\nbe proceeded against as a youthful offender, proceed in accordance with the\nprovisions of KRS 640.010.\n(3) If a child charged with a Class C or Class D felony has on one (1) prior separate\noccasion been adjudicated a public offender for a felony offense and had attained\nthe age of sixteen (16) at the time of the alleged commission of the offense, the\ncourt shall, upon motion of the county attorney made prior to adjudication, and after\nthe county attorney has consulted with the Commonwealth's attorney, that the child\nbe proceeded against as a youthful offender, proceed in accordance with the\nprovisions of KRS 640.010.\n(4) (a) If a child charged with a felony had attained the age of fourteen (14) years at\nthe time of the commission of the alleged offense in which a firearm, whether\nfunctional or not, was used by the child in the commission of the offense, the\ncourt sha ll, upon motion of the county attorney made prior to adjudication,\nand after the county attorney has consulted with the Commonwealth's\nattorney, that the child be proceeded against as a youthful offender, proceed in\naccordance with KRS 640.010.\n(b) 1. Any other provision of KRS Chapters 610 to 645 to the contrary\nnotwithstanding, if a child charged with a Class A, B, or C felony had\nattained the age of fifteen (15) years at the time of the commission of the\nalleged offense in which a firearm, whether functi onal or not, was used\nby the child in the commission of the offense, the court shall, upon\nmotion of the county attorney made prior to adjudication and after\nconsultation with the Commonwealth's attorney, that the child be\nproceeded against as a youthful o ffender, proceed in accordance with\nsubparagraph 2. of this paragraph.\n2. The child shall be transferred to the Circuit Court for trial as an adult if,\nfollowing a preliminary hearing, the District Court finds probable cause\nto believe that:\na.  The child committed a Class A, B, or C felony;\nb. A firearm was used by the child in the commission of that felony;\nand\nc. The child was fifteen (15) years of age or older at the time of the\ncommission of the alleged felony.\n3. a. After consulting with the county attorney, the Commonwealth's\nattorney may transfer the child back to District Court if the\nCommonwealth's attorney determines that it is in the best interest\nof the public and the child to do so.\nb. After considering the factors in KRS 640.010(2)(c), the Circuit\nCourt may transfer the child back to District Court if the Circuit\nCourt finds that less than two (2) factor s specified in KRS\n640.010(2)(c) favor keeping the child in Circuit Court.\n4. If convicted in the Circuit Court, he or she shall be subject to the same\npenalties as an adult offender, except that until he or she reaches the age\nof eighteen (18) years, he o r she shall be confined in a facility for\njuveniles or for youthful offenders, unless the provisions of KRS\n635.025 apply or unless he or she is released pursuant to expiration of\nsentence or parole, and at age eighteen (18) he or she shall be returned\nto the sentencing Circuit Court for proceedings consistent with KRS\n640.030(2).\n5. If convicted in the Circuit Court and he or she is returned to the\nsentencing Circuit Court for proceedings consistent with KRS\n640.030(2), he or she shall not be eligible for probation or conditional\ndischarge.\n(5) If a child previously convicted as a youthful offender under the provisions of KRS\nChapter 640 is charged with a felony allegedly committed prior to his or her\neighteenth birthday, the court shall, upon motion of the  county attorney made prior\nto adjudication, and after the county attorney has consulted with the\nCommonwealth's attorney, that the child be proceeded against as a youthful\noffender, proceed in accordance with the provisions of KRS 640.010.\n(6) A child who  is charged as is provided in subsection (2) of this section and is also\ncharged with a Class C or D felony, a misdemeanor, or a violation arising from the\nsame course of conduct shall have all charges included in the same proceedings;\nand the court shall,  upon motion of the county attorney made prior to adjudication,\nand after the county attorney has consulted with the Commonwealth's attorney, that\nthe child be proceeded against as a youthful offender, proceed in accordance with\nthe provisions of KRS 640.010.\n(7) If a person who is eighteen (18) or older and before the court is charged with a\nfelony that occurred prior to his or her eighteenth birthday, the court shall, upon\nmotion of the county attorney made prior to adjudication, and after the county\nattorney has consulted with the Commonwealth's attorney, that the child be\nproceeded against as a youthful offender, proceed in accordance with the provisions\nof KRS 640.010.\n(8) All offenses arising out of the same course of conduct shall be tried with the fe lony\narising from that course of conduct, whether the charges are adjudicated under this\nchapter or under KRS Chapter 640 and transferred to Circuit Court.","path":["KRS Chapter 635"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55373","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:09Z","sha256":"c9a51617c4913a93fad32bee6b257534bdcd999e73fd425423c24a870b1794ad","source_id":"us-ky","stale":false,"prev":"us-ky/krs-635.010","next":"us-ky/krs-635.025"},"notice":"GroundRules: Original legal text. Not legal advice."}