Lower Age: None specified

Upper Age: 17

Discretionary Waiver Tenn. Code Sec. 37-1-134

Following a hearing, a child meeting age/offense criteria may be transferred to adult criminal court if the juvenile court finds that there are reasonable grounds to believe that (1) the child committed the offense alleged, (2) the child is not committable to a mental institution, and (3) the interests of the community require that the child be placed under legal restraint. The law lists various factors to be considered by the court in making these findings. Generally, the juvenile court's decision is not immediately appealable; however, if a nonlawyer makes the decision to transfer the case, a special provision entitles the child to an immediate de novo rehearing at the criminal court level. (See Reverse Waiver.)

Offense Category Minimum Age Offense Detail

Any Criminal 16 Any criminal offense.

Murder None specified First or second degree murder or the attempt.

Person None specified Rape, aggravated rape, aggravated or especially aggravated robbery, kidnapping, aggravated or especially aggravated kidnapping, or the attempt to commit any of these offenses.

Reverse Waiver Tenn. Code Sec. 37-1-159

A child who has been transferred from juvenile court by the decision of a nonlawyer is entitled to an immediate rehearing on the transfer issue at the criminal court level, provided he files a motion for rehearing within 10 days of the transfer order. The rehearing is de novo—the issue, the standards, and the factors to be considered are the same as at the juvenile court level, and the criminal court need not give any weight to the juvenile court's original decision. Following the hearing, the criminal court may either accept jurisdiction or remand the case to the juvenile court. If the court remands, the State may appeal immediately on the ground of abuse of discretion; otherwise, the appeal of the court's decision must await a final conviction.

Once an Adult, Always Tenn. Code Sec. 37-1-134

A transfer to adult court terminates juvenile court jurisdiction over the child for any subsequent offense, unless the transfer is followed by an acquittal or a dismissal of the charge that resulted in the transfer.