2684

LAWS OF MARYLAND

[Ch. 554

BE UNDER THE AGE OF 18 YEARS, IS RECEIVED AT THE FACILITY
AND SHALL DELIVER HIM TO THE COURT UPON REQUEST OR
TRANSFER HIM TO THE FACILITY DESIGNATED BY THE INTAKE
OFFICER OR THE COURT, UNLESS THE COURT HAS WAIVED ITS
JURISDICTION WITH RESPECT TO THE PERSON AND HE IS BEING
PROCEEDED AGAINST AS AN ADULT.

(B)    WHEN A CASS IS TRANSFERRED TO ANOTHER COURT
FOR CRIMINAL PROSECUTION, THE CHILD SHALL PROMPTLY BE
TRANSFERRED TO THE APPROPRIATE OFFICER OR ADULT DETENTION
FACILITY IN ACCORDANCE WITH THE LAW GOVERNING THE
DETENTION OF PERSONS CHARGED WITH CRIME.

(C)     A CHILD MAY NOT BE TRANSPORTED TOGETHER WITH
ADULTS WHO HAVE BEEN CHARGED WITH OR CONVICTED OF A CRIME
UNLESS THE COURT HAS WAIVED ITS JURISDICTION AND THE
CHILD IS BEING PROCEEDED AGAINST AS AN ADULT.

3-817. WAIVER OF JURISDICTION.

(A)    THE COURT MAY WAIVE THE EXCLUSIVE JURISDICTION
CONFERRED BY §3-804 WITH RESPECT TO A PETITION ALLEGING
DELINQUENCY BY:

(1)    A CHILD WHO IS [[14]] 15 YEARS OLD OR
OLDER, OR

(2)    A CHILD WHO HAS NOT REACHED HIS [[14TH]]
15TH BIRTHDAY, BUT WHO IS CHARGED WITH COMMITTING AN ACT
WHICH IF COMMITTED BY AN ADULT, WOULD BE PUNISHABLE BY
DEATH OR LIFE IMPRISONMENT.

(B)    THE COURT MAY NOT WAIVE ITS JURISDICTION UNTIL
AFTER IT HAS CONDUCTED A WAIVER HEARING, HELD PRIOR TO AN
ADJUDICATORY HEARING AND AFTER NOTICE HAS BEEN GIVEN TO
ALL PARTIES AS PRESCRIBED BY THE MARYLAND RULES. THE
WAIVER HEARING IS SOLELY TO DETERMINE WHETHER THE COURT
SHOULD WAIVE ITS JURISDICTION.

(C)    THE COURT MAY NOT WAIVE ITS JURISDICTION
UNLESS IT DETERMINES, FROM A [[PREPONDERENCE]]
PREPONDERANCE OF THE EVIDENCE PRESENTED AT THE HEARING,
THAT THE CHILD IS AN UNFIT SUBJECT FOR JUVENILE
REHABILITATIVE MEASURES. FOR PURPOSES OF DETERMINING
WHETHER TO WAIVE ITS JURISDICTION, THE COURT SHALL ASSUME
THAT THE CHILD COMMITTED THE DELINQUENT ACT ALLEGED.

(D)     IN MAKING ITS DETERMINATION, THE COURT SHALL
CONSIDER THE FOLLOWING:

(1)    AGE OF THE CHILD;

(2)    MENTAL AND PHYSICAL CONDITION OF THE
CHILD;