§ 5203. Transfer from other courts

[Subsection (a) effective until July 1, 2020; see also subsection (a) effective July 1, 2020 and effective until July 1, 2022 and subsection (a) effective July 1, 2022.]

(a) If it appears to a Criminal Division of the Superior Court that the defendant was under 18 years of age at the time the offense charged was alleged to have been committed and the offense charged is an offense not specified in subsection 5204(a) of this title, that court shall forthwith transfer the proceeding to the Family Division of the Superior Court under the authority of this chapter, and the minor shall then be considered to be subject to this chapter as a child charged with a delinquent act.

[Subsection (a) effective July 1, 2020 and effective until July 1, 2022; see also subsection (a) effective until July 1, 2020 set out above and subsection (a) effective July 1, 2022.]

(a) If it appears to a Criminal Division of the Superior Court that the defendant was under 19 years of age at the time the offense charged was alleged to have been committed and the offense charged is an offense not specified in subsection 5204(a) of this title, that court shall forthwith transfer the proceeding to the Family Division of the Superior Court under the authority of this chapter, and the minor shall then be considered to be subject to this chapter as a child charged with a delinquent act.

[Subsection (a) effective July 1, 2022; see also subsection (a) effective until July 1, 2020 and subsection (a) effective on July 1, 2020 and effective until July 1, 2022.]

(a) If it appears to a Criminal Division of the Superior Court that the defendant was under 20 years of age at the time the offense charged was alleged to have been committed and the offense charged is an offense not specified in subsection 5204(a) of this title, that court shall forthwith transfer the proceeding to the Family Division of the Superior Court under the authority of this chapter, and the minor shall then be considered to be subject to this chapter as a child charged with a delinquent act.

(b) If it appears to a Criminal Division of the Superior Court that the defendant had attained 14 years of age but not 18 years of age at the time an offense specified in subsection 5204(a) of this title was alleged to have been committed, that court may forthwith transfer the proceeding to the Family Division of the Superior Court under the authority of this chapter, and the minor shall then be considered to be subject to this chapter as a child charged with a delinquent act.

[Subsection (c) effective until July 1, 2020; see also subsection (c) effective July 1, 2020 and until July 1, 2022 and subsection (c) effective July 1, 2022.]

(c) If it appears to the State's Attorney that the defendant was under 18 years of age at the time the felony offense charged was alleged to have been committed and the felony charged is not an offense specified in subsection 5204(a) of this title, the State's Attorney shall file charges in the Family Division of the Superior Court.

[Subsection (c) effective July 1, 2020 and subsection (c) effective until July 1, 2022; see also subsection (c) effective until July 1, 2020 set out above and subsection (c) effective July 1, 2022.]

(c) If it appears to the State's Attorney that the defendant was under 19 years of age at the time the felony offense charged was alleged to have been committed and the felony charged is not an offense specified in subsection 5204(a) of this title, the State's Attorney shall file charges in the Family Division of the Superior Court, pursuant to section 5201 of this title. The Family Division may transfer the proceeding to the Criminal Division pursuant to section 5204 of this title.

[Subsection (c) effective July 1, 2022; see also subsection (c) effective until July 1, 2020 and subsection (c) effective July 1, 2020 and effective until July 1, 2022.]

(c) If it appears to the State's Attorney that the defendant was under 20 years of age at the time the felony offense charged was alleged to have been committed and the felony charged is not an offense specified in subsection 5204(a) of this title, the State's Attorney shall file charges in the Family Division of the Superior Court, pursuant to section 5201 of this title. The Family Division may transfer the proceeding to the Criminal Division pursuant to section 5204 of this title.

(d) A transfer under this section shall include a transfer and delivery of a copy of the accusatory pleading and other papers, documents, and transcripts of testimony relating to the case. Upon any such transfer, that court shall order that the defendant be taken forthwith to a place of detention designated by the Family Division of the Superior Court or to that court itself, or shall release the child to the custody of his or her parent or guardian or other person legally responsible for the child, to be brought before the Family Division of the Superior Court at a time designated by that court. The Family Division of the Superior Court shall then proceed as provided in this chapter as if a petition alleging delinquency had been filed with the court under section 5223 of this title on the effective date of such transfer.

(e) Motions to transfer a case to the Family Division of the Superior Court for youthful offender treatment shall be made under section 5281 of this title. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2009, No. 154 (Adj. Sess.), §§ 226, 238; 2011, No. 159 (Adj. Sess.), § 3; 2015, No. 153 (Adj. Sess.), § 10, eff. Jan. 1, 2017; 2017, No. 201 (Adj. Sess.), § 7, eff. May 30, 2018; 2017, No. 201 (Adj. Sess.), § 15, eff. July 1, 2020;  2017, No. 201 (Adj. Sess.), § 18, eff. July 1, 2022.)