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Juvenile Transfer to Adult Court December 2014

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Juvenile Transfer to Adult Court December 2014 Juvenile Transfer to Adult Court December 2014 This compilation includes laws and enacted bills that allow or require a juvenile court judge to certify a minor for criminal prosecution, laws that give the prosecutor discretion in deciding where to file charges, and laws that exempt juveniles from juvenile court by either age or age and crime. There are states that allow juveniles to petition a criminal court to waive jurisdiction back to a juvenile court; those laws are not included in this compilation. Laws which permanently place juveniles in criminal court based on a previous waiver, or “Once an Adult, Always an Adult” laws are also not included. Please keep in mind that this area of law is subject to change and confirm the state of the law in your jurisdiction before relying on this compilation. ALABAMA .................................................................................................................................................... 6 ALA. CODE § 12-15-203 (2014). Transfer of cases from juvenile court. .................................................... 6 ALA. CODE § 12-15-204 (2014). Acts for which person who has attained age 16 shall be charged, arrested, and tried as adult; removal of person from jurisdiction of juvenile court. .................................. 7 ALASKA ........................................................................................................................................................ 9 ALASKA STAT. § 47.12.100 (2014). Waiver of jurisdiction ....................................................................... 9 ARIZONA ...................................................................................................................................................... 9 ARIZ. REV. STAT. § 8-302 (2014). Transfer between juvenile and criminal courts ................................... 9 Ariz. Rev. Stat. § 8-327 (2014). Transfer hearing ....................................................................................10 ARIZ. REV. STAT. § 13-501 (2014). Persons under eighteen years of age; felony charging; definitions ..12 ARKANSAS .................................................................................................................................................14 ARK. CODE ANN. § 9-27-318 (2014). Filing and transfer to the criminal division of circuit court ...........14 ARK. CODE ANN. § 9-27-501 (2014). Extended juvenile jurisdiction designation ...................................17 CALIFORNIA ...............................................................................................................................................18 CAL. WELF. & INST. CODE § 602 (2014). Minors violating laws defining crime; ward of court ..............18 CAL. WELF. & INST. CODE § 603 (2014). Preliminary examination; trying case upon accusatory pleading ..................................................................................................................................................................19 CAL. WELF. & INST. CODE § 603.5 (2014). Vehicle Code infractions or violations of local ordinances involving motor vehicles; jurisdiction; referral to juvenile court; application of section .........................19 CAL. WELF. & INST. CODE § 604 (2014). Proceedings; suspension, resumption, new proceedings; certification to juvenile court; pleadings ...................................................................................................20 CAL. WELF. & INST. CODE § 606 (2014). Subjecting minor to criminal prosecution ...............................21 CAL. WELF. & INST. CODE § 607 (2014). Retention of, and discharge from, jurisdiction ........................21 CAL. WELF. & INST. CODE § 707 (2014). Fitness hearing ........................................................................22 CAL. WELF. & INST. CODE § 707.01 (2014). Minor found unfit subject for juvenile court law pursuant to § 707; previous juvenile court adjudications; transfers to court of criminal jurisdiction; appeal of finding of fitness ...................................................................................................................................................28 COLORADO .................................................................................................................................................30 COLO. REV. STAT. § 19-2-517 (2014). Direct filing ..................................................................................30 COLO. REV. STAT. § 19-2-518 (2014). Transfers ......................................................................................34 CONNECTICUT ...........................................................................................................................................38 CONN. GEN. STAT. § 46b-127 (2014). Transfer of child charged with a felony to the regular criminal docket. Transfer of youth age sixteen to docket for juvenile matters .......................................................38 CONN. GEN. STAT. § 46b-133c (2014). Serious juvenile repeat offender prosecution. Sentencing ..........40 CONN. GEN. STAT. § 46b-145 (2014). Prohibition on prosecution of child before regular criminal docket. Exceptions ................................................................................................................................................41 DELAWARE.................................................................................................................................................42 DEL. CODE ANN. tit. 10, § 1010 (2014). Proceeding against child as an adult; amenability proceeding; referral to another court ............................................................................................................................42 DISTRICT OF COLUMBIA .........................................................................................................................44 D.C. CODE ANN. § 16-2301 (2014). Definitions .......................................................................................44 D.C. CODE ANN. § 16-2307 (2014). Transfer for criminal prosecution. ...................................................51 FLORIDA ......................................................................................................................................................54 FLA. STAT. ANN. § 985.556 (2014). Waiver of juvenile court jurisdiction; hearing .................................54 FLA. STAT. ANN. § 985.557 (2014). Direct filing of an information; discretionary and mandatory criteria ..................................................................................................................................................................57 GEORGIA .....................................................................................................................................................60 GA. CODE ANN. § 15-11-2 (2014). Definitions .........................................................................................61 GA. CODE ANN. § 15-11-560 (2014). Concurrent jurisdictions; exclusive original jurisdiction of superior court; transfer to juvenile court .................................................................................................................74 GA. CODE ANN. § 15-11-562 (2014). Criteria court must consider in determination whether to transfer child to superior court; transfer evaluation ...............................................................................................75 HAWAII ........................................................................................................................................................76 HAW. REV. STAT. ANN. § 571-22 (2014). Waiver of jurisdiction; transfer to other courts .......................76 IDAHO ..........................................................................................................................................................78 IDAHO CODE ANN. § 20-508 (2014). Waiver of jurisdiction and transfer to other courts .........................78 IDAHO CODE ANN. § 20-509 (2014). Violent offenses, controlled substances violations near schools and offenders ...................................................................................................................................................81 ILLINOIS ......................................................................................................................................................83 705 ILL. COMP. STAT. ANN 405/5-125 (2014). Concurrent jurisdiction ....................................................83 705 ILL. COMP. STAT. ANN 405/5-130 (2014). Excluded jurisdiction .......................................................83 705 ILL. COMP. STAT. ANN 405/5-805 (2014). Transfer of jurisdiction ....................................................89 INDIANA ......................................................................................................................................................94 IND. CODE ANN. § 14-15-10-3 (2014). Juveniles tried as adults ...............................................................94 IND. CODE ANN. § 31-30-1-4 (2014). Juvenile court lacks jurisdiction over individuals at least 16 years old committing certain felonies; retention of jurisdiction by court having adult criminal jurisdiction .....94 IND. CODE ANN. § 31-30-3-2 (2014). Heinous or aggravated act, or act as part of repetitive pattern of delinquent acts ..........................................................................................................................................95
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