(a) At sentencing, a court exercising criminal jurisdiction in a case involving a child shall determine whether to transfer jurisdiction to the juvenile court if:
(1) as a result of trial or a plea entered under Maryland Rule 4-242, all charges that excluded jurisdiction from the juvenile court under § 3-8A-03(d)(1) or (4) of the Courts Article do not result in a finding of guilty; and
(2)(i) pretrial transfer was prohibited under § 4-202(c)(2) of this subtitle; or
(ii) the court did not transfer jurisdiction after a hearing under § 4-202(b) of this subtitle.
Factors in transfer determination
(b) In determining whether to transfer jurisdiction under subsection (a) of this section, the court shall consider:
(1) the age of the child;
(2) the mental and physical condition of the child;
(3) the amenability of the child to treatment in an institution, facility, or program available to delinquent children;
(4) the nature of the child's acts as proven in the trial or admitted to in a plea entered under Maryland Rule 4-242; and
(5) public safety.
Transfer of jurisdiction prohibited
(c) The court may not consider transferring jurisdiction to the juvenile court under this section if:
(1) under the terms of a plea agreement entered under Maryland Rule 4-243, the child agrees that jurisdiction is not to be transferred; or
(2) pretrial transfer was prohibited under § 4-202(c)(1) of this subtitle.
Notice of transfer to victim or victim’s representative
(d)(1) A victim or victim's representative shall be given notice of the transfer hearing as provided under § 11-104 of this article.
(2)(i) A victim or victim's representative may submit a victim impact statement to the court as provided in § 11-402 of this article.
(ii) This paragraph does not preclude a victim or victim's representative who has not filed a notification request form under § 11-104 of this article from submitting a victim impact statement to the court.
(iii) The court shall consider a victim impact statement in determining whether to transfer jurisdiction under this section.
Disposition conducted by juvenile court
(e)(1) If the court transfers its jurisdiction to the juvenile court, the court shall conduct a disposition under the regular procedures of the juvenile court.
(2) The record of the hearing and of the disposition shall be transferred to the juvenile court, subject to § 3-8A-27 of the Courts Article.
Credits
Added by Acts 2002, c. 159, § 1, eff. Oct. 1, 2002. Amended by Acts 2012, c. 563, § 1, eff. Oct. 1, 2012; Acts 2014, c. 178, § 1, eff. Oct. 1, 2014; Acts 2022, c. 41, § 1, eff. June 1, 2022; Acts 2022, c. 42, § 1, eff. June 1, 2022; Acts 2023, c. 49, § 2, eff. April 11, 2023.
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
