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Rule 4-223 – Detention of Juvenile Defendant Pending a Determination of Transfer of Case to Juvenile Court

May 13, 2021 | Criminal Prodcedure, Maryland

Pending a determination of whether to transfer a District Court or circuit court criminal case to juvenile court pursuant to Code, Criminal Procedure Article, ยง 4-202, the court shall order the juvenile defendant to be held in a secure juvenile facility unless:

(a) the juvenile defendant is released on bail, recognizance, or other conditions of pretrial release;
(b) the Department of Juvenile Services determines that there is not available capacity in a secure juvenile facility; or
(c) the court finds that detention in a secure juvenile facility would be a risk of harm to the juvenile defendant or others. The court shall state the reasons for the finding on the record.

Md. Crim. Causes. 4-223

This Rule is new.

Adopted Dec. 7, 2015, eff. Jan. 1, 2016.