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RULE 11-410. WAIVER OF JURISDICTION

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 11-410
RULE 11-410. WAIVER OF JURISDICTION
(a) Initiation of Waiver. The court's exclusive original jurisdiction may be waived by the court:
(1) on its own initiative in conformance with subsection (b)(1) of this Rule; or
(2) on motion of the State's Attorney filed in conformance with subsection (b)(2) of this Rule.
Cross reference: See Code, Courts Article, § 3-8A-03, concerning the jurisdiction of the court, and § 3-8A-06, concerning the waiver of the court's exclusive jurisdiction.
(b) Timing.
(1) Waiver on Court's Own Initiative. The court may waive its jurisdiction on its own initiative at any time after the filing of a delinquency petition but not later than 10 days before commencement of the first scheduled adjudicatory hearing.
(2) Motion by State's Attorney.
(A) A motion to waive juvenile court jurisdiction filed by the State's Attorney may be filed with the delinquency petition or not later than five days before commencement of the first scheduled adjudicatory hearing.
(B) The motion to waive juvenile court jurisdiction shall state with particularity the reasons the State's Attorney requests the waiver, taking into account the factors required to be considered by the court under Code, Courts Article, § 3-8A-06 (e).
(3) Waiver of Time Requirement. For good cause, the court may waive the time requirement of subsection (b)(2) of this Rule if, before commencement of the first scheduled adjudicatory hearing, the State's Attorney files against the child a subsequent delinquency petition accompanied by a waiver motion or an indictment or criminal information in a criminal case.
(c) Investigation. Upon the filing of a waiver motion, or prior to any waiver of jurisdiction by the court on its own initiative, the court shall order the Department of Juvenile Services to make a waiver investigation and prepare a report that addresses the criteria listed in Code, Courts Article, § 3-8A-06. The report shall include all records that are to be made available to the court at a waiver hearing. The Department shall file the report with the clerk at least five days before the scheduled waiver hearing. At the time of filing, the Department shall provide a copy of the report to the State's Attorney's Office, and the District Office of the Public Defender or private counsel. If the child is unrepresented, the Department shall provide a copy of the report to the child.
(d) Hearing.
(1) Required. The court may not waive its jurisdiction without first conducting a waiver hearing in accordance with this section.
(2) Notice. Reasonable notice of the time and place of the hearing shall be given to all parties pursuant to Rule 11-108 (f).
(3) Time of Hearing. Unless otherwise ordered, a waiver hearing shall be held:
(A) prior to an adjudicatory hearing; and
(B) within 30 days after the date a petition for detention or community detention is granted, or, if the child is not detained or on community detention, within 30 days after service of the waiver petition.
Cross reference: See Rule 11-406 concerning detention and community detention.
(4) Purpose of Hearing. A waiver hearing is for the sole purpose of determining whether the court should waive its jurisdiction.
(5) Admissibility of Report of Waiver Investigation. The report of the waiver investigation is admissible as evidence at the waiver hearing. Each party has the right to present evidence concerning the report.
Cross reference: See Code, Courts Article, § 3-8A-17 (c) regarding admissibility of the report of a study as evidence. For admission of evidence, generally, see Rule 11-101 (b).
(6) Jurisdiction Previously Waived. If the court has previously waived its jurisdiction with respect to a delinquency petition filed against a respondent and a delinquency petition based on another alleged delinquent act is subsequently filed against the respondent, the court may waive its jurisdiction with respect to the subsequent petition based on the previous waiver after a limited hearing of which the respondent has been notified and at which the respondent has an opportunity to be heard.
Cross reference: See In re Michael W., 53 Md. App. 271 (1982) regarding compliance with fundamental principles of due process.
(7) Respondent Over 21 Years of Age. If a delinquency petition is filed against a respondent who is over 21 years of age, the court may waive its jurisdiction after a limited hearing of which the respondent has been notified and at which the respondent has an opportunity to be heard.
(e) Required Condition for Waiver; Criteria; Considerations.
(1) Required Condition. The court may not waive its jurisdiction unless it determines, by a preponderance of the evidence presented at the hearing, that the child is an unfit subject for juvenile rehabilitative measures.
(2) Criteria and Considerations. In considering that determination, the court shall assume that the respondent child committed the delinquent act alleged in the delinquency petition and shall consider the criteria set forth in Code, Courts Article, § 3-8A-06 (e).
Cross Reference: See Davis v. State, ___ Md. ___ (2021).
(f) Waiver Order.
(1) Statement of Grounds. If the court concludes that its jurisdiction should be waived, it shall prepare and file or dictate into the record a statement of the grounds for its decision and enter an order:
(A) waiving its jurisdiction and ordering the child held for trial under the appropriate criminal procedure; and
(B) committing the child to the custody of the sheriff or other appropriate officer in an adult detention facility pending a pretrial release hearing pursuant to Rule 4-222.
(2) Effect of Delinquency Petition. The delinquency petition shall be considered a charging document for the purpose of detaining the respondent child pending a pre-trial release hearing.
(3) Copies. Pending a pre-trial release hearing, the clerk promptly shall furnish to the appropriate officer true copies of the delinquency petition and the court's waiver order.
Source: This Rule is derived in part from former Rule 11-113 (2021) and is in part new.

Credits

[Adopted Nov. 9, 2021, eff. Jan. 1, 2022.]
MD Rules, Rule 11-410, MD R JUV CAUSES Rule 11-410
Current with amendments received through December 1, 2023. Some sections may be more current, see credits for details.
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