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Ch. 159
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PARRIS N. GLENDENING, Governor
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(b) Except as provided in subsection (c) of this section, a court exercising
criminal jurisdiction in a case involving a child may transfer the case to the juvenile
court BEFORE TRIAL OR BEFORE A PLEA IS ENTERED UNDER MARYLAND RULE 4-242
if:
(1) the accused child was at least 14 but not 18 years of age when the
alleged crime was committed;
(2) the alleged crime is excluded from the jurisdiction of the juvenile
court under § 3-8A-03(d)(1), (4), or (5) of the Courts Article; and
(3) the court [believes] DETERMINES BY A PREPONDERANCE OF THE
EVIDENCE that a transfer of its jurisdiction is in the interest of the child or society.
(c) The court may not transfer a case to the juvenile court under subsection (b)
of this section if:
(1) the child previously has been transferred to juvenile court and
adjudicated delinquent;
(2) the child was convicted in an unrelated case excluded from the
jurisdiction of the juvenile court under § 3-8A-03(d)(1) or (4) of the Courts Article; or
(3) the alleged crime is murder in the first degree and the accused child
was 16 or 17 years of age when the alleged crime was committed.
(d) In determining whether to transfer jurisdiction under SUBSECTION (B) OF
this section, the court shall consider:
(1) the age of the child;
(2) the mental and physical condition of the child;
(3) the amenability of the child to treatment in an institution, facility, or
program available to delinquent children;
(4) the nature of the alleged crime; and
(5) the public safety.
(e) In making a determination under this section, the court may order that a
study be made concerning the child, the family of the child, the environment of the
child, and other matters concerning the disposition of the case.
(f) The court shall make a transfer determination within 10 days after the
date of a transfer hearing.
(g) If the court transfers its jurisdiction under this section, the court may
order the child held for an adjudicatory hearing under the regular procedure of the
juvenile court.
(h) (1) Pending a determination under this section to transfer its
jurisdiction, the court may order a child to be held in a secure juvenile facility
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- 1585 -
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