Lawmakers in Kentucky are advocating for stricter penalties for teenagers accused of violent crimes in response to the significant increase in gun violence in the state.
Kentucky has been indecisive when it comes to transferring juveniles to adult court for certain offenses.
Previously, state law mandated that individuals aged 14 and above who were charged with a felony involving the use of a firearm would be transferred to adult court.
In the case of other crimes, prosecutors have the option to file a motion for transferring the case, which will be subsequently decided by a judge.
In 2021, lawmakers made a significant change by granting judges the discretion to make decisions on a case-by-case basis.
“We are facing a significant issue in Northern Kentucky, a problem that demands our attention. It is crucial to understand the gravity of the situation when even the sheriffs, the FOP, the Commonwealth attorneys, and the school administrators are all backing this cause. How can we not extend our support to it?” he expressed.
If SB20 is passed, individuals who are 15 years old or older and charged with a specific type of felony would be automatically transferred to adult court. This transfer would occur if the following three conditions are met:
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- The crime must be a Class A, B, or C felony. Those include homicide, human trafficking, robbery, and sexual offenses.
- A gun was used, regardless of whether or not it was fired.
- The defendant was at least 15 years old when it happened.
“The public has lost confidence in the administration of justice when it comes to these grave juvenile offenses,” Senator Schickel expressed. “That’s why I am pleased to witness the introduction of this legislation, even though it may have its imperfections, and I intend to offer my support.”
The prosecutor has the authority to send the case back to juvenile court if they believe it would be beneficial for both the teenager and the community.
During the floor vote, Senator Westerfield highlighted the testimony of the bill’s sponsor’s prosecutor in committee. The prosecutor stated that in his 12 years as a Commonwealth’s attorney, such occurrences have only happened twice. As a former prosecutor myself, I can attest that this is a rare event.
According to Sen. Westerfield, the bill removes the authority from the judges who were elected to make those decisions.
“The child’s prior history, intellectual disability, and the best interest of the child or the community are irrelevant if these three conditions are fulfilled,” she stated confidently.
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