|
Upon its own motion or that of any party in the case of a child
of at least 12 accused of a felony, the juvenile court may order a hearing to
consider whether to dismiss the delinquency petition and transfer the child for
adult prosecution. (However, the court must at least hold a hearing to consider
transfer where the child is accused of one of a number of listed
offensesfirst or second degree murder, first degree assault, forcible
rape, forcible sodomy, first degree robbery, or distribution of drugsor
has committed two or more previous felonies.) Before the hearing, a written
report on the child 's history, record, offense, rehabilitation prospects,
etc., must be prepared for the juvenile court's consideration. Following the
hearing, the court may dismiss the case to permit adult prosecution if it finds
that the child is not a proper subject to be dealt with under the juvenile law,
taking into account a number of determinative considerations (including "racial
disparity in certification") specified by law. An order of dismissal to permit
adult prosecution must be supported by written findings. |