# Criminal Procedure (GCP)

## Title 4. Pretrial Procedures

### Subtitle 2. Venue and Other Procedural Matters

#### Section 4-202.2

(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 Sec. 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 Sec. 4-202(c)(2) of this subtitle; or

    (ii) the court did not transfer jurisdiction after a hearing under Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 3-8A-27 of the Courts Article.

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Md. Code Ann., Crim. Proc. (as displayed at mgaleg.maryland.gov, October 16, 2026)