2019 Maryland Code
Title 4 - Pretrial Procedures
Subtitle 2 - Venue and Other Procedural Matters
§ 4-202.2. Transfer of case involving detained child -- At sentencing
(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.
(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) 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.