District of Columbia

Lower Age: None specified

Upper Age: 17


Discretionary Waiver D.C. Code of 1981, Pt. II, Sec. 16-2307

Upon motion of the corporation counsel in the case of a child who meets statutory age/offense criteria, the family division of the superior court must conduct a hearing to determine whether to transfer the child for criminal prosecution. If there are grounds to believe that the child may be mentally ill or mentally retarded, the division must stay proceedings and obtain a mental examination and, if necessary, order a commitment. Otherwise, the division must grant the transfer motion if it finds, at the conclusion of the transfer hearing—and assuming for purposes of the hearing that the child committed the offense alleged—that a transfer "is in the interest of the public welfare and protection of the public security and there are no reasonable prospects for rehabilitation." The law specifies a number of factors that must be considered in making this determination. A written report containing information relevant to these factors must be submitted to the court by the director of social services prior to the hearing, with copies made available to all the parties. The judge who conducts the transfer hearing may not participate in any subsequent factfinding proceeding relating to the same offense, unless the child does not object.


Offense Category Minimum Age Offense Detail

Any Criminal 16/18 16—Any offense if child is already under commitment to an agency or institution as a delinquent child.

18—Any offense committed as a minor by a person who is now 18.

Certain Felonies 15 Any felony.

Weapon None specified Illegal possession or control of a firearm within 1000 feet of a school, public swimming pool, playground, video arcade, or youth center, or an event sponsored by any of the above.


Presumptive Waiver D.C. Code of 1981, Pt. II, Sec. 16-2307(e-2)

In the case of a child of at least 15 who meets offense/prior record criteria, there is a rebuttable presumption in favor of transfer.


Offense Category Minimum Age Offense Detail

Any Criminal 15 Any crime committed with a firearm.

Murder 15 Murder and any other offense properly joinable to it.

Person 15 Forcible rape, armed robbery, assault with intent to commit either of these offenses, and any other offense properly joinable to any of the above; any violent felony committed by a child with at least three previous delinquency adjudications.

Property 15 First degree burglary and any offense properly joinable to it.


Direct File D.C. Code of 1981, Pt. II, Sec. 16-2301(3)

The term "child" for purposes of family division jurisdiction does not include anyone at least 16 years old who is charged by the U.S. Attorney with any of various listed offenses.


Offense Category Minimum Age Offense Detail

Murder 16 Murder, assault with intent to murder, and any other offense properly joinable to either.

Person 16 First degree sexual abuse, armed robbery, assault with intent to commit either offense, and any other offense properly joinable to the above.

Property 16 First degree burglary or any other offense properly joinable to it.


Once an Adult, Always D.C. Code of 1981, Pt. II, Sec. 16-2307(h)

The transfer of a child for criminal prosecution terminates the family division's jurisdiction over the child for any subsequent offense, but jurisdiction is restored if (1) the criminal prosecution ends without a conviction, a guilty plea, or a verdict of not guilty by reason of insanity and (2) as of that time no new charges have been filed against the child alleging any post-transfer criminal offense. (Note—For purposes of this provision, the U.S. Attorney's direct-file charging of a 16-year-old as an adult has been deemed a "transfer" terminating the family division's jurisdiction.)