Fillable TRANSFER HEARING ORDER YOUTHFUL OFFENDER AOC-JV-28 Doc. Code: (Administrative Office of the Courts)

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TRANSFER HEARING ORDER YOUTHFUL OFFENDER AOC-JV-28 Doc. Code: (Administrative Office of the Courts)

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WHEREAS, on motion of the County Attorney a hearing has been held at which the above-named child was represented
by counsel, _______________________________________ retained privately by the child or if the child has not
retained counsel, appointed by the Court from the Department of Public Advocacy, and the court fi nds that the child was
advised of his/her rights pursuant to KRS 610.060, and the court determines that there:
1. is not probable cause to believe that an off ense was committed and that the child committed an off ense falling within
the purview of KRS 635.020(2) to (8).
OR
2. is probable cause to believe that an off ense was committed, that the child committed the off ense, AND, the child:
 is charged with a capital off ense, Class A felony, or Class B felony and had attained age fourteen (14) at the
time of the alleged commission of the off ense. KRS 635.020(2)
 is charged with a Class C or Class D felony and had attained age sixteen (16) at the time of the alleged commission
of the off ense and has on one (1) prior separate occasion been adjudicated a public off ender for a felony
off ense. KRS 635.020(3),(6)
is charged with a felony in which a fi rearm, whether functional or not, was used by the child in the commission
of the off ense and had attained the age of fourteen(14) at the time of the commission of the alleged off ense.
KRS 635.020(4)
 has been previously convicted as a youthful off ender under the provisions of KRS Chapter 640 and is charged
with a felony allegedly committed prior to his eighteenth birthday. KRS 635.020(5)
 is eighteen (18) years or older and before the court and is charged with a felony that occurred prior to his eighteenth
birthday. KRS 635.020(7)
AND
Having considered the following factors the court fi nds does not fi nd that two or more favor transfer:
 the seriousness of the alleged off ense; whether the off ense was against persons or property; the maturity of
the child as determined by his environment; the child’s prior record; the best interest of the child and community;
the prospects of adequate protection of the public; the likelihood of reasonable rehabilitation of the child by the use
of procedures, services and facilities currently available to the juvenile justice system; evidence of the child’s
participation in a gang; whether the child is a defendant with a serious intellectual disability in accordance with
KRS 532.130; whether the child used a fi rearm in the commission of the off ense.
AOC-JV-28 Doc. Code: OYO
Rev. 6-21
Page 1 of 2
Commonwealth of Kentucky
Court of Justice www.kycourts.gov
KRS 635.020; 640.010; 640.020;
Chapter 431; JCRPP 17
YOUTHFUL OFFENDER
TRANSFER HEARING ORDER
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IN THE INTEREST OF: ____________________________________________________________________, A CHILD
Case No. ____________________
Court District Family
County ______________________
Division ______________________
AOC-JV-28
Rev. 6-21
Page 2 of 2
IT IS HEREBY ORDERED:
1. That the child be transferred to Circuit Court to be tried as a youthful off ender, the Court having found that the
Commonwealth met its burden of proof and that there are reasons which the Court fi nds suffi cient to transfer. The
specifi c reasons for transfer are:
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
2. (Must complete if child is transferred) Bail shall be set as follows:
Bond Amount: $___________________ Bond Type: ___________________
(Check one) Eligible for bail credit.
Not eligible for bail credit because child is a (check one) danger to others fl ight risk.
Conditions: _____________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
3. That the child’s case be dealt with in the juvenile division of District Court in accordance with the provisions of
KRS Chapter 635 in that:
 the Court has found that the Commonwealth failed to sustain its burden of proof, OR
 the Court has determined that the child’s case should not be transferred.
_________________________________________ ____________________________________________
Date Judge
DISTRIBUTION:
Original to Court File
Child
Child's Attorney
Child’s Parent/Guardian
County Attorney
Commonwealth Attorney
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TRANSFER HEARING ORDER YOUTHFUL OFFENDER AOC-JV-28 Doc. Code: (Administrative Office of the Courts)

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Completed 14 November 2021

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