RULE 11-409. TRANSFER FROM CRIMINAL COURT
West's Annotated Code of MarylandMaryland RulesEffective: January 1, 2022
Effective: January 1, 2022
MD Rules, Rule 11-409
RULE 11-409. TRANSFER FROM CRIMINAL COURT
(2) Confinement; Conditions of Release. Except as provided in subsection (a)(1)(C) of this Rule, any conditions set forth in the order transferring jurisdiction relating to pre-trial release or placement of the child in detention, community detention, or shelter care shall remain in effect and be enforceable by the juvenile court pending an adjudicatory hearing unless modified or revoked by the juvenile court. On motion of the State's Attorney or the child, the court shall hold a detention hearing no later than the next day.
(b) Transfer for Disposition. If a court exercising criminal jurisdiction enters an order pursuant to Code, Criminal Procedure Article, § 4-202.2 transferring jurisdiction over a defendant to the juvenile court for disposition, the juvenile court shall conduct a disposition hearing under the regular procedures of the juvenile court.
Cross reference: See Smith v. State, 399 Md. 565 (2007) prohibiting the juvenile court from remanding a case to the criminal court for sentencing once jurisdiction has been transferred to the juvenile court for disposition. See also In re Glenn S., 293 Md. 510 (1982) restricting the circuit court, once it has exercised its powers as a juvenile court, to the powers granted to a juvenile court by statute.
Source: This Rule is derived in part from former Rule 11-102A (2021) and is in part new.
Credits
[Adopted Nov. 9, 2021, eff. Jan. 1, 2022.]
MD Rules, Rule 11-409, MD R JUV CAUSES Rule 11-409
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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