1. (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. (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. (2)

      1. (i) pretrial transfer was prohibited under § 4-202(c)(2) of this subtitle; or
      2. (ii) the court did not transfer jurisdiction after a hearing under § 4-202(b) of this subtitle.

2. (b) In determining whether to transfer jurisdiction under subsection (a) of this section, the court shall consider:

   1. (1) the age of the child;
   2. (2) the mental and physical condition of the child;
   3. (3) the amenability of the child to treatment in an institution, facility, or program available to delinquent children;
   4. (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. (5) public safety.

3. (c) The court may not consider transferring jurisdiction to the juvenile court under this section if:

   1. (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. (2) pretrial transfer was prohibited under § 4-202(c)(1) of this subtitle.

4. (d)

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

   2. (2)

      1. (i) A victim or victim's representative may submit a victim impact statement to the court as provided in § 11-402 of this article.
      2. (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.
      3. (iii) The court shall consider a victim impact statement in determining whether to transfer jurisdiction under this section.

5. (e)

   1. (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. (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.

Added by Acts 2002, c. 159, § 1, eff. Oct. 1, 2002. Amended by Acts 2012, c. 563, § 1, eff. Oct. 1, 2012; Acts 2014, c. 178, § 1, eff. Oct. 1, 2014; Acts 2022, c. 41, § 1, eff. June 1, 2022; Acts 2022, c. 42, § 1, eff. June 1, 2022; Acts 2023, c. 49, § 2, eff. April 11, 2023.