(a) In this section, "child" means a defendant who is under the age of
18 years and whose case is eligible for transfer under the provisions
of § 4-202(b)(1) and (2) and (c) of this subtitle.
(b) If a child remains in custody for any reason after a bail review
hearing:
(1) in the case of a child charged with a felony that is not within the
jurisdiction of the District Court, the District Court shall:
(i) clearly indicate on the case file and in computer records that the case
involves a detained child; and
(ii) set a preliminary hearing to be held within 15 days after the bail
review hearing; or
(2) in the case of a child charged with a crime in the District Court, the
District Court:
(i) shall clearly indicate on the case file and in computer records that
the case involves a detained child;
(ii) shall set a transfer hearing under § 4-202 of this subtitle to be
held within 30 days after the filing of the charging document;
(iii) may order that a study be made under § 4-202 of this subtitle; and
(iv) shall require that prompt notice be given to counsel for the child, or,
if the child is not represented by counsel, to the Office of the Public
Defender.
(c) On receipt of a District Court case file that indicates that the case
involves a child who was detained after a bail review hearing under
subsection (b) of this section, a circuit court:
(1) unless previously set by the District Court under subsection (b)(2) of
this section, shall set a transfer hearing under § 4-202 of this
subtitle to be held within 30 days after the filing of the charging
document in the circuit court;
(2) unless previously ordered by the District Court under subsection (b)(2)
of this section, may order that a study be made under § 4-202 of this
subtitle; and
(3) shall require that prompt notice be given to counsel for the child, or,
if the child is not represented by counsel, to the Office of the Public
Defender.
|
