HARRY HUGHES, Governor                              3045

COMMITTED BY AN ADULT, THE INTAKE OFFICER SHALL IMMEDIATELY
FORWARD THE COMPLAINT TO THE STATE'S ATTORNEY.

(II) IF A COMPLAINT IS FILED THAT ALLEGES

THE COMMISSION OF A DELINQUENT ACT BY A CHILD WHO IS 16

YEARS OLD OR OLDER, WHICH WOULD BE A FELONY OTHER THAN ONE
ENUMERATED IN ARTICLE 27, § 441(E) OF THE CODE IF COMMITTED
BY AN ADULT, AND IF THE INTAKE OFFICER HAS DENIED
AUTHORIZATION TO FILE A PETITION, THE INTAKE OFFICER SHALL
IMMEDIATELY:

1. FORWARD THE COMPLAINT TO THE

STATE'S ATTORNEY; AND

2. FORWARD A COPY OF THE ENTIRE

INTAKE CASE FILE TO THE STATE'S ATTORNEY WITH INFORMATION AS
TO ANY AND ALL PRIOR INTAKE INVOLVEMENT WITH THE CHILD.

(I) THE CHILD IS 16 YEARS OLD OR OLDER;

AND

(II) THE CHILD HAS BEEN ADJUDICATED

DELINQUENT IN 2 PREVIOUS CASES UNRELATED TO EACH OTHER AND
UNRELATED TO THE PRESENT ALLEGED OFFENSE. THE ACT WOULD HAVE

BEEN A FELONY IF COMMITTED BY AN ADULT.

(4) THE STATE'S ATTORNEY SHALL MAKE A
PRELIMINARY INQUIRY WITHIN 15 DAYS REVIEW AS TO WHETHER THE
COURT HAS JURISDICTION AND WHETHER JUDICIAL ACTION IS IN THE
BEST INTERESTS OF THE PUBLIC OR THE CHILD. THE NEED FOR
RESTITUTION MAY BE CONSIDERED AS ONE FACTOR IN THE PUBLIC
INTEREST. AFTER THE PRELIMINARY INQUIRY REVIEW THE STATE'S
ATTORNEY MAY SHALL WITHIN 30 DAYS OF THE RECEIPT OF THE
COMPLAINT BY THE STATE'S ATTORNEY, UNLESS THE COURT EXTENDS
THE TIME:

(I)  FILE A PETITION WITHIN 30 DAYS OF THE
RECEIPT OF THE COMPLAINT, UNLESS THE COURT EXTENDS THE TIME;

(II)  SEEK A WAIVER UNDER § 3-817 OF THIS
ARTICLE;

(III)  REFER THE COMPLAINT TO THE JUVENILE
SERVICES ADMINISTRATION FOR INFORMAL DISPOSITION; OR

(IV)  DISMISS THE COMPLAINT.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1982.

Approved May 25, 1982.