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Session Laws, 1989
Volume 771, Page 4026   View pdf image
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Ch. 706                                       LAWS OF MARYLAND

(4) IF AT ANY TIME BEFORE THE COMPLETION OF AN AGREED
UPON INFORMAL ADJUSTMENT THE INTAKE OFFICER BELIEVES THAT THE
INFORMAL ADJUSTMENT CANNOT BE COMPLETED SUCCESSFULLY, THE INTAKE
OFFICER SHALL AUTHORIZE THE FILING OF A PETITION OR DENY
AUTHORIZATION TO FILE A PETITION UNDER SUBSECTION (G) OF THIS
SECTION.

(g) (1) If based upon the complaint, [his] THE preliminary
inquiry, and such further investigation as [he may make] MAY BE
NECESSARY, the intake officer concludes that the court has no
jurisdiction, or that neither an informal adjustment nor judicial
action is appropriate, [he] THE INTAKE OFFICER may deny
authorization to file a petition.

(2) [He shall, in] IN that event[, inform the
following persons], through use of the form prescribed by §
3-810.1 of this article, [of his] THE FOLLOWING PERSONS SHALL BE
INFORMED OF THE decision, the reasons for it, and their right of
review provided in this section:

[(1) ] (I) The victim;

[(2)] (II) The arresting police officer; and

[(3)] (III) The person or agency that filed the
complaint or caused it to be filed.

(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.

(2) 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 of this article is mailed by the
juvenile intake officer to the person being informed of the
intake officer's decision.

[(2)] (3) (I) The State's Attorney shall review the
denial.

(II) If [he concludes] IT IS CONCLUDED that the
court has jurisdiction and that judicial action is in the best
interests of the public or the child, [he] THE STATE'S ATTORNEY
may file a petition.

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Session Laws, 1989
Volume 771, Page 4026   View pdf image
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