PARRIS N. GLENDENING, Governor

Ch. 8

(ii) Propose an informal adjustment of the matter; or

(iii) Refuse authorization to file a petition.

(4) (i) If a complaint is filed that alleges the commission of a delinquent
act which would be a felony if committed by an adult or alleges a violation of Article 27,
§ 36B of the Code, and if the intake officer denies authorization to file a petition or
proposes an informal adjustment, 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.

(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

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