US Laws, Codes, Statutes & Cases

      (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)(3) of this subtitle; or

                  (ii)      the court did not transfer jurisdiction after a hearing under § 4-202(b) of this subtitle.

      (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.

      (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) or (2) of this subtitle.

      (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.

      (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.