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Statutes Text

Article - Criminal Procedure




§4–202.2.

    (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(e)(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.



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