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RULE 11-409. TRANSFER FROM CRIMINAL COURT

West's Annotated Code of MarylandMaryland RulesEffective: January 1, 2022

West's Annotated Code of Maryland
Maryland Rules
Title 11. Juvenile Causes
Chapter 400. Delinquency and Citation Proceedings (Refs & Annos)
Effective: January 1, 2022
MD Rules, Rule 11-409
RULE 11-409. TRANSFER FROM CRIMINAL COURT
(a) Transfer for Trial.
(1) Petition.
(A) Within 10 days after a court exercising criminal jurisdiction enters an order pursuant to Code, Criminal Procedure Article, § 4-202 transferring jurisdiction over a defendant to the juvenile court, the State's Attorney shall file a delinquency petition pursuant to Rule 11-407.
(B) The State's Attorney shall attach to the petition a copy of the charging document that was filed in the court exercising criminal jurisdiction and the order of that court transferring jurisdiction.
(C) If the petition is not filed as required by this section, the child shall be released from any detention, community detention, shelter care, or conditions of pre-trial release, without prejudice to the right of the State's Attorney to file a petition thereafter.
(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.
(c) Transfer Back to Criminal Court Prohibited. If jurisdiction has been transferred to a juvenile court by a court exercising criminal jurisdiction pursuant to Code, Criminal Procedure Article, § 4-202 or § 4-202.2, the juvenile court may not transfer jurisdiction back to the criminal 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 December 1, 2023. Some sections may be more current, see credits for details.
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