§ 4-202.2

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§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

(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.

(1)A victim or victim’s representative shall be given notice of the transfer hearing as provided under § 11–104 of this article.

(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.

(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.