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S.B. 592
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VETOES
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(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] AN
act that would be a felony if committed by an adult or alleges a violation of Article 27,
§ 36B of the Code.
(3) In accordance with this section, the intake officer may, after such
inquiry and within 25 days of receiving the complaint:
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(i) Authorize the filing of a petition OR A PEACE ORDER REQUEST
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OR BOTH;
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(ii) Propose an informal adjustment of the matter; or
(iii) Refuse authorization to file a petition OR A PEACE ORDER
REQUEST OR BOTH.
(4) (i) If a complaint is filed that alleges the commission of [a
delinquent act] AN 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 OR A PEACE ORDER REQUEST OR BOTH;
2. Refer the complaint to the Department of Juvenile 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.
(c-1) (1) In this subsection, "seriously emotionally disturbed" has the meaning
stated in § 15-130 of the Health - General Article.
(2) (i) As soon as possible and in no event later than 25 days after
receipt of a complaint, the intake officer shall discuss with the child who is the subject
of a complaint and the child's parent or guardian information regarding a referral for
a mental health and substance abuse screening of the child.
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- 3968 -
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