§ 7B-2203. Transfer hearing.

324 words·~1 min read·/nc/chapter-7b/7b-2203

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)At the transfer hearing, the prosecutor and the juvenile may be heard and may offer evidence, and the juvenile's attorney may examine any court or probation records, or other records the court may consider in determining whether to transfer the case.

(b)In the transfer hearing, the court shall determine whether the protection of the public and the needs of the juvenile will be served by transfer of the case to superior court and shall consider the following factors:

(1)The age of the juvenile;

(2)The maturity of the juvenile;

(3)The intellectual functioning of the juvenile;

(4)The prior record of the juvenile;

(5)Prior attempts to rehabilitate the juvenile;

(6)Facilities or programs available to the court prior to the expiration of the court's jurisdiction under this Subchapter and the likelihood that the juvenile would benefit from treatment or rehabilitative efforts;

(7)Whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner; and

(8)The seriousness of the offense and whether the protection of the public requires that the juvenile be prosecuted as an adult.

(c)Any order of transfer shall specify the reasons for transfer. When the case is transferred to superior court, the superior court has jurisdiction over that felony, any offense based on the same act or transaction or on a series of acts or transactions connected together or constituting parts of a single scheme or plan of that felony, and any greater or lesser included offense of that felony.

(d)If the court does not transfer the case to superior court, the court shall either proceed to an adjudicatory hearing or set a date for that hearing. The adjudicatory hearing shall be a separate hearing. The court may continue the adjudicatory hearing for good cause. (1979, c. 815, s. 1; 1983, c. 532, s. 1; 1994, Ex. Sess., c. 22, s. 27; 1998-202, s. 6; 2015-58, s. 1.3.)