(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.
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