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Ch. 159
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2002 LAWS OF MARYLAND
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(2) A hearing on a motion requesting that a child be held in a juvenile
facility pending a transfer determination shall be held not later than the next court
day, unless extended by the court for good cause shown.
(i) (1) A victim or victim's representative shall be given notice of the
transfer hearing as provided under § 11-104 of this article.
(2) (i) A victim or a victim's representative may submit a victim
impact statement to the court as provided in § 11-402 of this article.
(ii) This paragraph does not preclude a victim or victim's
representative who has not filed a notification request form under § 11-104 of this
article from submitting a victim impact statement to the court.
(iii) The court shall consider a victim impact statement in
determining whether to transfer jurisdiction under this section.
(j) At a bail review or preliminary hearing before the District Court involving
a child whose case is eligible for transfer under [subsections (b)(1) and (2) and (c)]
SUBSECTION (B) of this section, the District Court may order that a study be made
under the provisions of subsection (e) of this section, or that the child be held in a
secure juvenile facility under the provisions of subsection (h) of this section,
regardless of whether the District Court has criminal jurisdiction over the case.
4-202.2.
(A) AT SENTENCING, A COURT EXERCISING CRIMINAL JURISDICTION IN A
CASE INVOLVING A CHILD SHALL DETERMINE WHETHER TO TRANSFER
JURISDICTION TO THE JUVENILE COURT IF:
(1) AS A RESULT OF TRIAL OR A PLEA ENTERED UNDER MARYLAND
RULE 4-242, ALL CHARGES THAT EXCLUDED JURISDICTION FROM THE JUVENILE
COURT UNDER § 3-8A-03(D)(1) OR (4) OF THE COURTS ARTICLE DO NOT RESULT IN A
FINDING OF GUILTY; AND
(2) (I) PRETRIAL TRANSFER WAS PROHIBITED UNDER § 4-202(C)(3) OF
THIS SUBTITLE; OR
(II) THE COURT DID NOT TRANSFER JURISDICTION AFTER A
HEARING UNDER § 4-202(B) OF THIS SUBTITLE.
(B) IN DETERMINING WHETHER TO. TRANSFER JURISDICTION UNDER
SUBSECTION (A) 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 CHILD'S ACTS AS PROVEN IN THE TRIAL OR
ADMITTED TO IN A PLEA ENTERED UNDER MARYLAND RULE 4-242; AND
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- 1586 -
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