FL H1293

Allows children transferred to adult court to request a written hearing to determine whether they should remain in adult court.

Requires the hearing to be conducted within 30 days and establishes that the court must determine if prosecution in adult court is necessary for community protection.

Judge must consider nine factors including: department recommendations, child's sophistication and maturity, prior record and history, nature of alleged offense, prospects for rehabilitation, cost-effective alternatives, availability of juvenile services, adequacy of juvenile court sentences, and the child's best interests.

Judge may review supporting reports including pre-disposition reports, psychological assessments, school records, and abuse/neglect reports, with the right of the child, parents, defense counsel, and State Attorney to examine reports and question responsible persons.

Adult court retains jurisdiction unless it finds by preponderance of evidence that the factors support returning the child to juvenile court; court orders must include specific findings of fact and reasons, and are appealable under existing appellate procedures.

Effective date: July 1, 2019.