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Session Laws, 1989
Volume 771, Page 4024   View pdf image
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Ch. 70 6                                       LAWS OF MARYLAND

(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.

. (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, 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.

(c) (1) The intake officer may authorize the filing of a
petition if, based upon the complaint and [his] THE preliminary
inquiry, [he] THE INTAKE OFFICER concludes that the court has
jurisdiction over the matter and that 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.

(2)  The intake officer shall inform the parties of
[his] A decision to authorize the filing of a petition and the
reasons for [his] THAT decision.

(3)  If the following persons are not parties and it
is practicable, the intake officer shall also inform, preferably
in person, these persons of [his] THE decision to authorize the
filing of a petition and the reasons for [his] THAT decision:

(i) The victim;

(ii) The arresting police officer; and

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Session Laws, 1989
Volume 771, Page 4024   View pdf image
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