Kentucky

Lower Age: None specified

Upper Age: 17


Discretionary Waiver KRS Tit. LI, Sec. 635.020 Sec. 640.010

Upon motion of the county attorney, the district court must conduct a preliminary hearing to determine whether a child should be transferred to circuit court for trial as a "youthful offender." (A youthful offender is proceeded against in most respects as an adult. Before invoking the youthful offender provisions, the county attorney is required by law to consult with the Commonwealth's attorney.) Following the preliminary hearing, if the court determines that (1) there is probable cause to believe the child committed the offense alleged and otherwise meets statutory age/offense/prior record criteria and (2) at least two of a list of seven determinative factors specified by statute (one of which is "the best interest of the child and community") weigh in favor of transfer, it may issue an order transferring the child to circuit court. Whether the case of a child charged with a felony is handled in district court or circuit court, all offenses arising from the same course of conduct must be tried with the felony.


Offense Category Minimum Age Offense Detail

Certain Felonies 14/16 14—Class A or B felony; any felony committed by a child with a previous youthful offender conviction.

16—Class C or D felony committed by a child with a previous felony adjudication.

Capital 14 Capital offense.


Mandatory Waiver KRS Tit. LI, Sec. 635.020

A child of at least 14 accused of a felony in which a firearm was used must be transferred to circuit court for trial as an adult if the district court finds probable cause to believe that the child committed the offense alleged.


Offense Category Minimum Age Offense Detail

Certain Felonies 14 Felony in which a firearm was used.


Reverse Waiver KRS Tit. LI, Sec. 640.010(3)

If, after a transfer from district court to circuit court, a grand jury fails to return an indictment for an offense qualifying the child for youthful offender treatment, but instead indicts for some other offense, the child must be returned to district court to be tried as a juvenile.