Pending a determination of whether to transfer a District Court or circuit court criminal case to juvenile court pursuant to Code, Criminal Procedure Article, § 4-202, the court shall order the juvenile defendant to be held in a secure juvenile facility unless:
(a) the juvenile defendant is released on bail, recognizance, or other conditions of pretrial release;(b) the Department of Juvenile Services determines that there is not available capacity in a secure juvenile facility; or(c) the court finds that detention in a secure juvenile facility would be a risk of harm to the juvenile defendant or others. The court shall state the reasons for the finding on the record.Adopted Dec. 7, 2015, eff. 1/1/2016.