WILLIAM DONALD SCHAEFER, Governor

Ch. 6

Courts and Judicial Proceedings Article.

3-810.

(b) (4) The State's Attorney shall make a preliminary
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 review the State's
Attorney [shall] 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;

(ii) Seek a waiver under § 3-817 of this
article;

(iii) Refer the complaint to the Juvenile
Services Agency for informal disposition; or

(iv) Dismiss the complaint.

(h) (1) If the complaint alleges the commission of a
delinquent act and the intake officer denies authorization to
file a petition, the following persons[,] may appeal the denial
to the State's Attorney:

(i) The victim;

(ii) The arresting police officer; and

(iii) The person or agency that filed the
complaint or caused it to be filed. In order for an appeal to be
made, it must be received by the State's Attorney's office within
30. days after the form prescribed by § 3-810.1 is mailed by the
juvenile intake officer to the person being informed of the
intake officer's decision.

DRAFTER'S NOTE:

Error: In § 3-810 of the Courts and Judicial
Proceedings Article, punctuation omitted in subsection
(b)(4) and extraneous punctuation in subsection (h)(1)
of that same section.

Occurred: The error in subsection (b)(4) occurred in
Ch. 469, Acts of 1982 and the error in subsection
(h)(1) occurred in the concurrent codification of Ch.
552 and Ch. 685 of 1980.

3-820.

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