17th Judicial Circuit of KentuckyCampbell County
In an emergency, call 911
Most cases involving children stay in juvenile court, but Kentucky law allows certain serious felony cases to be transferred to Circuit Court, where the child is tried as a youthful offender. In those transferred cases, the Commonwealth’s Attorney’s office prosecutes the case much as it would an adult felony.
When a child under 18 is accused of a crime, the case begins in the juvenile session of District Court. The County Attorney reviews the complaint, decides whether to file a petition and prosecutes the case there. Unless a case is transferred under the rules below, it stays in juvenile court and the Commonwealth’s Attorney’s office does not prosecute it.
The County Attorney may ask the court to proceed against a child as a youthful offender only after consulting the Commonwealth’s Attorney, and only in these situations:
The District Court holds a preliminary hearing under the Kentucky Rules of Criminal Procedure. The judge first decides whether there is probable cause to believe the offense was committed, that the child committed it, and that the child meets the age and prior record requirements. If so, the judge weighs these factors:
If two or more factors favor transfer, the judge may send the case to Circuit Court and must state the reasons on the record. Otherwise the case stays in juvenile court.
One situation does not depend on weighing the factors. If a child 15 or older is charged with a Class A, B or C felony in which the child used a firearm, and the District Court finds probable cause on each of those points, the case must be transferred to Circuit Court for trial as an adult. After consulting the County Attorney, the Commonwealth’s Attorney may send the case back to District Court if that serves the public and the child. The Circuit Court may also return it if fewer than two of the transfer factors favor keeping it there.
Once a case is transferred, the Commonwealth’s Attorney’s office presents it to the grand jury. If the grand jury does not indict on a charge that qualifies for youthful offender treatment, the child returns to juvenile court. Unlike most juvenile records, the records of the current case become open to the public once the child is indicted and arraigned in Circuit Court, though treatment and mental health records stay protected unless used as evidence.
A youthful offender convicted of a felony faces the same sentencing range as an adult, including probation and conditional discharge, with some differences. The Department of Juvenile Justice prepares the presentence report. Persistent felony offender enhancement does not apply to offenses committed before age 18, and certain adult limits on probation, parole and conditional discharge do not apply.
The sentence is served in a Department of Juvenile Justice facility or program. If it has not ended by age 18, the youth returns to the sentencing court, which decides whether to grant probation or conditional discharge, return the youth to the department to finish a treatment program for up to five more months, or transfer the youth to the Department of Corrections. A youth transferred automatically in a firearm case is not eligible for probation or conditional discharge at that point. Even after a transfer to Corrections is ordered, the Department of Juvenile Justice may keep custody, but not past age 21.
No. Except for the firearm cases described above, transfer requires a motion by the County Attorney and a hearing at which the judge weighs the statutory factors. Many serious cases stay in juvenile court.
The County Attorney files the motion in District Court after consulting the Commonwealth’s Attorney. The District Court judge decides whether to transfer.
Yes, in some cases. A case returns if the grand jury does not indict on a qualifying charge. In automatic firearm transfers, the Commonwealth’s Attorney or the Circuit Court may also send the case back.
