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JCRPP 17. Youthful offenders

Baldwin's Kentucky Revised Statutes AnnotatedJuvenile Court Rules of Procedure and Practice

Baldwin's Kentucky Revised Statutes Annotated
Juvenile Court Rules of Procedure and Practice
IV. Process in Public Offense Cases
Kentucky Juvenile Rules of Practice and Procedure JCRPP Rule 17
JCRPP 17. Youthful offenders
A. For a child who qualifies and is proceeded against as a youthful offender pursuant to KRS 635.020(2-8) and KRS 640.010, the district court shall conduct the appropriate hearings to determine if the child should be transferred to circuit court for grand jury proceedings.
B. If, upon arraignment or during the proceedings, there are reasonable grounds to believe the child lacks the capacity to appreciate the nature and consequences of the proceedings against him or her or to participate rationally in his or her defense, all proceedings shall be stayed until the issue of competency is determined. The district court shall immediately appoint at least one psychologist or psychiatrist to examine, treat, and report on the child's mental condition and conduct a competency hearing prior to conducting a hearing to determine if the child's case should be transferred to circuit court. See KRS 504.100, KRS 645.070(1), RCr 8.06, and Commonwealth v. B.H., 548 S.W.3d 238, 248 (Ky. 2018).
Commentary
Courts should act in good faith when balancing the need for expedience in competency determinations against the parties' need to adequately investigate and prepare for a hearing to ensure that children whose competency is at issue do not languish in detention.
C. If the district court finds that the child qualifies as a youthful offender and transfers the case for grand jury proceedings, the district court shall:
1. First determine whether the child is entitled to release or bail pursuant to Chapter 431, and
2. Set bail or the conditions of release accordingly.
D. Any child that is not released on bail or conditions of release shall be detained in a secure juvenile detention facility or juvenile holding facility, unless the juvenile is 18 years of age or older.
E. The district court shall retain jurisdiction until the return of an indictment by a grand jury.
F. If a child is transferred to circuit court for grand jury proceedings and the grand jury does not indict the child as a youthful offender, but finds that there is probable cause to believe the child committed another criminal offense, then the child shall be returned to district court to be proceeded against as a public offender, and the case shall remain confidential.
Commentary
While KRS 640.010 referring to preliminary hearings does not mention KRS 635.020(4) relating to use of a firearm in a felony, the latter section states that a preliminary hearing is required to determine whether there is probable cause to believe that the child committed a felony using a firearm, and that the child was over 14 years of age at the time of the commission of the felony, before the court may transfer the case for grand jury proceedings. Therefore, there is no “automatic transfer” of a firearms felony offense absent a finding of probable cause to believe that the child has committed such an offense. See K.R. v. Commonwealth, 360 S.W.3d 179, 185 (Ky. 2012).

Credits

HISTORY: Adopted by Order 2019-15, eff. 2-1-20
KY Juvenile Court Rules JCRPP Rule 17, KY ST JUV CT JCRPP Rule 17
Current with amendments received through May 1, 2020.
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