9-27-318. Filing and transfer to the criminal division of circuit court.

9-27-318. Filing and transfer to the criminal division of circuit court. (a) The state may proceed with a case as a delinquency only when the case involves a juvenile: (1) Fifteen (15) years of age or younger when the alleged delinquent act occurred, except as provided by subdivision (c)(2) of this section; or (2) Less than eighteen (18) years of age when he or she engages in conduct that if committed by an adult would be any misdemeanor. (b) The state may file a motion in the juvenile division of circuit court to transfer a case to the criminal division of circuit court or to designate a juvenile as an extended juvenile jurisdiction offender when a case involves a juvenile: (1) Fourteen (14) or fifteen (15) years old when he or she engages in conduct that if committed by an adult would be: (A) Murder in the second degree, § 5-10-103; (B) Battery in the second degree in violation of § 5-13-202(a)(2), (3), or (4); (C) Possession of a handgun on school property, § 5-73-119(a)(2)(A); (D) Aggravated assault, § 5-13-204; (E) Unlawful discharge of a firearm from a vehicle, § 5-74-107; (F) Any felony committed while armed with a firearm; (G) Soliciting a minor to join a criminal street gang, § 5-74-203; (H) Criminal use of prohibited weapons, § 5-73-104; (I) First degree escape, § 5-54-110; (J) Second degree escape, § 5-54-111; or (K) A felony attempt, solicitation, or conspiracy to commit any of the following offenses: (i) Capital murder, § 5-10-101; (ii) Murder in the first degree, § 5-10-102; (iii) Murder in the second degree, § 5-10-103; (iv) Kidnapping, § 5-11-102; (v) Aggravated robbery, § 5-12-103; (vi) Rape, § 5-14-103; (vii) Battery in the first degree, § 5-13-201; (viii) First degree escape, § 5-54-110; and (ix) Second degree escape, § 5-54-111; (2) At least fourteen (14) years old when he or she engages in conduct that constitutes a felony under § 5-73-119(a); or (3) At least fourteen (14) years old when he or she engages in conduct that, if committed by an adult, constitutes a felony and who has, within the preceding two (2) years, three (3) times been adjudicated as a delinquent juvenile for acts that would have constituted felonies if they had been committed by an adult. (c) A prosecuting attorney may charge a juvenile in either the juvenile or criminal division of circuit court when a case involves a juvenile: (1) At least sixteen (16) years old when he or she engages in conduct that, if committed by an adult, would be any felony; or (2) Fourteen (14) or fifteen (15) years old when he or she engages in conduct that, if committed by an adult, would be: (A) Capital murder, § 5-10-101; (B) Murder in the first degree, § 5-10-102; (C) Kidnapping, § 5-11-102; (D) Aggravated robbery, § 5-12-103; (E) Rape, § 5-14-103; (F) Battery in the first degree, § 5-13-201; or (G) Terroristic act, § 5-13-310. (d) If a prosecuting attorney can file charges in the criminal division of circuit court for an act allegedly committed by a juvenile, the state may file any other criminal charges that arise out of the same act or course of conduct in the same division of the circuit court case if, after a hearing before the juvenile division of circuit court, a transfer is so ordered. (e) Upon the motion of the court or of any party, the judge of the division of circuit court in which a delinquency petition or criminal charges have been filed shall conduct a transfer hearing to determine whether to transfer the case to another division of circuit court. (f) The court shall conduct a transfer hearing within thirty (30) days if the juvenile is detained and no longer than ninety (90) days from the date of the motion to transfer the case. (g) In the transfer hearing, the court shall consider all of the following factors: (1) The seriousness of the alleged offense and whether the protection of society requires prosecution in the criminal division of circuit court; (2) Whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner; (3) Whether the offense was against a person or property, with greater weight being given to offenses against persons, especially if personal injury resulted; (4) The culpability of the juvenile, including the level of planning and participation in the alleged offense; (5) The previous history of the juvenile, including whether the juvenile had been adjudicated a juvenile offender and, if so, whether the offenses were against persons or property, and any other previous history of antisocial behavior or patterns of physical violence; (6) The sophistication or maturity of the juvenile as determined by consideration of the juvenile's home, environment, emotional attitude, pattern of living, or desire to be treated as an adult; (7) Whether there are facilities or programs available to the judge of the juvenile division of circuit court that are likely to rehabilitate the juvenile before the expiration of the juvenile's twenty-first birthday; (8) Whether the juvenile acted alone or was part of a group in the commission of the alleged offense; (9) Written reports and other materials relating to the juvenile's mental, physical, educational, and social history; and (10) Any other factors deemed relevant by the judge. (h)(1) The court shall make written findings on all of the factors set forth in subsection (g) of this section. (2) Upon a finding by clear and convincing evidence that a case should be transferred to another division of circuit court, the judge shall enter an order to that effect. (i) Upon a finding by the criminal division of circuit court that a juvenile fourteen (14) through seventeen (17) years of age and charged with the crimes in subdivision (c)(2) of this section should be transferred to the juvenile division of circuit court, the criminal division of circuit court may enter an order to transfer as an extended juvenile jurisdiction case. (j) If a juvenile fourteen (14) or fifteen (15) years of age is found guilty in the criminal division of circuit court for an offense other than an offense listed in subsection (b) or subdivision (c)(2) of this section, the judge shall enter a juvenile delinquency disposition under § 9-27-330. (k) If the case is transferred to another division, any bail or appearance bond given for the appearance of the juvenile shall continue in effect in the division to which the case is transferred. (l) Any party may appeal from a transfer order. (m) The circuit court may conduct a transfer hearing and an extended juvenile jurisdiction hearing under § 9-27-503 at the same time.