32A-2-6. Transfer of jurisdiction over child from other tribunals to
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/nm/chapter-32a-children-s-code/article-2-delinquency/32a-2-6A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
court.
A. If it appears to a tribunal in a criminal matter that the defendant was under the age of eighteen years at the time the offense charged was alleged to have been committed and the offense charged is a delinquent act pursuant to the provisions of the Delinquency Act, the tribunal shall promptly transfer jurisdiction of the matter and the defendant to the court together with a copy of the accusatory pleading and other papers, documents and transcripts of testimony relating to the case. The tribunal shall not transfer a serious youthful offender.
B. Upon transfer the court shall have exclusive jurisdiction over the proceedings and the defendant. The transferring tribunal shall order that the defendant promptly be taken to the court, or taken to a place of detention designated by the court, or released to the custody of a parent, guardian, custodian or other person legally responsible for the defendant to be brought before the court at a time designated by the court. Upon transfer to the court a petition shall be prepared and filed in the court in accordance with the provisions of the Delinquency Act.
If the defendant is not a child at the time of transfer the court retains jurisdiction over the matter only until disposition is made by the court. History: 1978 Comp., § 32A-2-6, enacted by Laws 1993, ch. 77, § 35.