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Current as of January 01, 2025 | Updated by Findlaw Staff
(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)(2) 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
(5) public safety.
(c) The court may not consider transferring jurisdiction to the juvenile court under this section if:
(1) under the terms of a plea agreement entered under Maryland Rule 4-243, the child agrees that jurisdiction is not to be transferred; or
(2) pretrial transfer was prohibited under § 4-202(c)(1) of this subtitle.
(d)(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 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.
(e)(1) If the court transfers its jurisdiction to the juvenile court, the court shall conduct a disposition under the regular procedures of the juvenile court.
(2) The record of the hearing and of the disposition shall be transferred to the juvenile court, subject to § 3-8A-27 of the Courts Article.
Cite this article: FindLaw.com - Maryland Code, Criminal Procedure § 4-202.2 - last updated January 01, 2025 | https://codes.findlaw.com/md/criminal-procedure/md-code-crim-proc-sect-4-202-2/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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