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PARRIS N. GLENDENING, Governor
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S.B. 592
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(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.
(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] SUBTITLE is mailed by the juvenile intake officer to the person being
informed of the intake officer's decision.
(3) (i) The State's Attorney shall review the denial.
(ii) If the State's Attorney concludes that the court has jurisdiction
and that judicial action is in the best interests of the public or the child, the State's
Attorney may file a petition.
(iii) This petition shall be filed within 30 days of the receipt of the
complainant's appeal.
(i) (1) If authorization to file a petition for a complaint which alleges a child
is in need of supervision OR IF AUTHORIZATION TO FILE A PEACE ORDER REQUEST is
denied, the person or agency that filed the complaint or caused it to be filed, within 15
days of personal notice of the denial to that person or agency or the mailing to the last
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- 3971 -
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