CHAPTER 27-7
TRANSFER TO ADULT DIVISION

27-7-1 Petition.

The juvenile prosecutor may file a petition requesting the juvenile division to transfer a juvenile offender case to the adult division if the juvenile is sixteen (16) years of age or older and the facts and circumstances of the case justify the transfer.

27-7-2 Hearing.

The juvenile division shall conduct a hearing to determine whether a juvenile offender case shall be transferred to the adult division. An initial status hearing shall be heard within thirty (30) days of receipt of the petition by the adult division. Written notice of the time, place and purpose of the hearing is to be given to the juvenile and the juvenile’s parent or residential custodian. At the initial status hearing, the Court shall notify the juvenile and the juvenile’s parent or residential custodian of their rights pursuant to Section 27-6-6.

27-7-3 Deciding Factors.

In deciding whether to transfer a juvenile offender case to the adult division, the following factors shall be considered:

(A)    The nature and seriousness of the offense with which the juvenile is charged;

(B)    The nature and condition of the juvenile, as evidenced by the age and mental and physical condition of the juvenile;

(C)    The past record of offenses and charges; and

(D)    Any other information that the parties wish to present.

27-7-4 Standard of Proof.

(A)    The juvenile division may transfer a juvenile offender case to the adult division only if the Court finds, by clear and convincing evidence, that both of the following circumstances exist:

(1)    There are no reasonable prospects for rehabilitating the juvenile through resources available to the juvenile division; and

(2)    The offense allegedly committed by the juvenile constitutes a substantial danger to the public.

(B)    The juvenile division shall make a written finding of the factual basis for the transfer.

27-7-5 Written Transfer Order; Appellate Review.

(A)    A juvenile offender case may be transferred to the adult division only if a written order, which contains specific findings for the transfer in accordance with Sections 27-7-3 and 27-7-4, is issued. Such written order shall terminate the jurisdiction of the juvenile division with respect to the juvenile offense(s) alleged in the petition. No juvenile shall be prosecuted in the adult division for a violation of tribal law unless a juvenile offender case has been transferred to the adult division as provided in this Chapter.

(B)    The juvenile shall have a right to appeal the transfer order and such notice of appeal shall be filed within ten (10) days from the date of the transfer order of the Court.

27-7-6 Transfer Process.

Upon request to transfer a juvenile offender case to the adult division, the juvenile division shall provide a certified copy of the transfer order to the adult division. All other records and reports kept by the juvenile division shall remain sealed.

27-7-7 Severability.

If any provision of this Title is held invalid, or if application of this Title to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this Title, which may be given effect without the invalid provision or application, and to this end, provisions of this Title shall be severable.

(Enacted by PBP TC No. 2012-121, May 15, 2012.)