§ 4–202.2
Statutes in effect as of October 1, 2026.
Md. Code Ann., Crim. Proc. § 4-202.2 (2026)
Title 4. Pretrial Procedures
Subtitle 2. Venue and Other Procedural Matters
§ 4–202.2LinkCopy Citation
(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
(2)
(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.
(d)
(1)
A victim or victim’s representative shall be given notice of the transfer hearing as provided under § 11–104 of this article.
(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.
(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.
(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.
(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.