H.B. 407

VETOES

(ii) 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:

1.       File a petition;

2.       Refer the complaint to the Department of Juvenile
[Services] JUSTICE for informal disposition; or

3.       Dismiss the complaint.

                      (iii) This subsection may not be construed or interpreted to limit the

authority of the State's Attorney to seek a waiver under § 3-817 of this subtitle.

(d)     (1) The intake officer or the local department may authorize the filing of a
petition if, based upon the complaint and the inquiry, the intake officer or the local
department concludes that the court has jurisdiction over the matter and that judicial
action is in the best interests of the public or the child.

(2)     An inquiry need not include an interview of the child who is the subject
of the complaint if the complaint alleges the commission of a delinquent act that would be
a felony if committed by an adult or alleges a violation of Article 27, § 36B of the Code.

(3)     In delinquency cases, the need for restitution may be considered by the
intake officer as one factor in the public interest.

(4)     The intake officer or the local department shall inform the following
persons of the authorization decision and the reasons for the decision:

(i) The child who is the subject of the complaint, if practicable;

(ii) The parent, guardian, or custodian of the child who is the subject
of the complaint;

(iii) The victim;

(iv) The arresting police officer; and

(v) The person or agency that filed the complaint or caused it to be
filed.

(e)     (1) The intake officer may propose an informal adjustment of the matter if
based on the complaint and the inquiry, the intake officer concludes that the court has
jurisdiction but that an informal adjustment, rather than judicial action, is in the best
interests of the public and the child.

(2) The intake officer shall propose an informal adjustment by informing the
victim, the child, and the child's parent or guardian of the nature of the complaint, the
objectives of the adjustment process, the conditions and procedures under which it will be
conducted, and the fact that it is not obligatory.

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