{"data":{"id":"us-md/md.-code-criminal-procedure-4-202.2","jurisdiction":"us-md","citation":"Md. Code, Criminal Procedure § 4–202.2","heading":"","body":"(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:\n(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\n(2) (i) pretrial transfer was prohibited under § 4–202(c)(2) of this subtitle; or\n(ii) the court did not transfer jurisdiction after a hearing under § 4–202(b) of this subtitle.\n(b) In determining whether to transfer jurisdiction under subsection (a) of this section, the court shall consider:\n(1) the age of the child;\n(2) the mental and physical condition of the child;\n(3) the amenability of the child to treatment in an institution, facility, or program available to delinquent children;\n(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\n(5) public safety.\n(c) The court may not consider transferring jurisdiction to the juvenile court under this section if:\n(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\n(2) pretrial transfer was prohibited under § 4–202(c)(1) of this subtitle.\n(d) (1) A victim or victim’s representative shall be given notice of the transfer hearing as provided under § 11–104 of this article.\n(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.\n(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.\n(iii) The court shall consider a victim impact statement in determining whether to transfer jurisdiction under this section.\n(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.\n(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.","path":["Article - Criminal Procedure"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp\u0026section=4-202.2","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T19:57:17Z","sha256":"e2b1a326934f7602fff3e7e01f5dcda463fc9cfe8c71c1c907a5da538e03a288","source_id":"us-md","stale":false,"prev":"us-md/md.-code-criminal-procedure-4-202.1","next":"us-md/md.-code-criminal-procedure-4-203"},"notice":"GroundRules: Original legal text. Not legal advice."}