§ 7B-2203. Transfer hearing. - North Carolina Statutes

§ 7B‑2203.  Transferhearing.

(a)        At the transferhearing, the prosecutor and the juvenile may be heard and may offer evidence,and the juvenile's attorney may examine any court or probation records, orother records the court may consider in determining whether to transfer thecase.

(b)        In the transferhearing, the court shall determine whether the protection of the public and theneeds of the juvenile will be served by transfer of the case to superior courtand shall consider the following factors:

(1)        The age of thejuvenile;

(2)        The maturity of thejuvenile;

(3)        The intellectualfunctioning of the juvenile;

(4)        The prior record ofthe juvenile;

(5)        Prior attempts torehabilitate the juvenile;

(6)        Facilities orprograms available to the court prior to the expiration of the court'sjurisdiction under this Subchapter and the likelihood that the juvenile wouldbenefit from treatment or rehabilitative efforts;

(7)        Whether the allegedoffense was committed in an aggressive, violent, premeditated, or willful manner;and

(8)        The seriousness ofthe offense and whether the protection of the public requires that the juvenilebe prosecuted as an adult.

(c)        Any order oftransfer shall specify the reasons for transfer. When the case is transferredto superior court, the superior court has jurisdiction over that felony, anyoffense based on the same act or transaction or on a series of acts ortransactions connected together or constituting parts of a single scheme orplan of that felony, and any greater or lesser included offense of that felony.

(d)        If the court doesnot transfer the case to superior court, the court shall either proceed to anadjudicatory hearing or set a date for that hearing. (1979,c. 815, s. 1; 1983, c. 532, s. 1; 1994, Ex. Sess., c. 22, s. 27; 1998‑202,s. 6.)