Current with changes from the 2024 Legislative Session
Section 4-202.2 - Transfer of case involving detained child - At sentencing(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(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.Amended by 2023 Md. Laws, Ch. 49, Sec. 2, eff. 4/11/2023.Amended by 2022 Md. Laws, Ch. 42, Sec. 1, eff. 6/1/2022.Amended by 2022 Md. Laws, Ch. 41, Sec. 1, eff. 6/1/2022.Amended by 2014 Md. Laws, Ch. 178, Sec. 1, eff. 10/1/2014.