|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
PARRIS N. GLENDENING, Governor
|
|
|
|
|
|
Ch. 404
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(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, and the conditions and procedures under
which it will be conducted.
(3) The intake officer [shall] MAY not proceed with an informal
adjustment unless the victim, the child, and the child's parent or guardian consent to
the informal adjustment procedure.
(f) (1) During the informal adjustment process, the child shall be subject to
such supervision as the intake officer deems appropriate and if the intake officer
decides to have an intake conference, the child and the child's parent or guardian
shall appear at the intake conference.
(2) The informal adjustment process [shall] MAY not exceed 90 days
unless that time is extended by the court.
(3) If the victim, the child, and the child's parent or guardian do not
consent to an informal adjustment, the intake officer shall authorize the filing of a
petition OR A PEACE ORDER REQUEST OR BOTH or deny authorization to file a
petition OR A PEACE ORDER REQUEST OR BOTH under subsection (g) of this section.
(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 A
PEACE ORDER REQUEST OR BOTH or deny authorization to file a petition OR A PEACE
ORDER REQUEST OR BOTH under subsection (g) of this section.
(g) (1) If based upon the complain and the inquiry, the intake officer
concludes that the court has no jurisdiction, or that neither an informal adjustment
nor judicial action is appropriate, the intake officer may deny authorization to file a
petition OR A PEACE ORDER REQUEST OR BOTH.
(2) [In that event, through use of the form prescribed by § 3-810.1 of this
article,] IF THE INTAKE OFFICER DENIES AUTHORIZATION TO FILE A PETITION OR A
PEACE ORDER REQUEST OR BOTH, the intake officer shall inform the following
persons of the decision, the reasons for it, and their right of review provided in this
section:
(i) The victim;
(ii) The arresting police officer; and
(iii) The person or agency that filed the complaint or caused it to be
filed.
(3) THE INTAKE OFFICER SHALL INFORM THE PERSONS SPECIFIED IN
PARAGRAPH (2) OF THIS SUBSECTION OF THE DECISION TO DENY AUTHORIZATION
TO FILE A PETITION FOR THE ALLEGED COMMISSION OF A DELINQUENT ACT
THROUGH USE OF THE FORM PRESCRIBED BY § 3-810.1 OF THIS SUBTITLE.
|
|
|
|
|
|
|
|
|
|
-2211 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
