Section 4-202.2 - Transfer of case involving detained child - At sentencing. - Maryland Statutes

§ 4-202.2. Transfer of case involving detained child - At sentencing.
 

(a)  In general.- 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)  Considerations.- 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)  May not consider transfer.- 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)  Notice to victim.-  

(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)  Disposition.-  

(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. 
 

[2002, ch. 159.]