Section 12-15-34

Transfer of cases from juvenile court to criminal court.

(a) The prosecutor may, before a hearing on the petition on its merits and following consultation with probation services, file a motion requesting the court to transfer the child for criminal prosecution, if the child was 14 or more years of age at the time of the conduct charged and is alleged to have committed an act which would constitute a crime if committed by an adult.

(b) The court shall conduct a hearing on all motions for the purpose of determining whether it is in the best interest of the child or the public to grant the motion. If the court finds and there are no reasonable grounds to believe the child is committable to an institution or agency for the mentally retarded or mentally ill, it shall order the case transferred for criminal prosecution.

(c) When there are grounds to believe that the child is committable to an institution or agency for the mentally retarded or mentally ill, the court shall proceed pursuant to Section 12-15-70.

(d) Evidence of the following and other relevant factors shall be considered in determining whether the motion shall be granted:

(1) The nature of the present alleged offense.

(2) The extent and nature of the prior delinquency record of the child.

(3) The nature of past treatment efforts and the nature of the response of the child to the efforts.

(4) Demeanor.

(5) The extent and nature of the physical and mental maturity of the child.

(6) The interests of the community and of the child requiring that the child be placed under legal restraint or discipline.

(e) Prior to a hearing on the motion by the prosecutor, a study and report to the court, in writing, relevant to the factors listed in subsection (d) of this section shall be made by probation services.

(f) When a child is transferred for criminal prosecution, the court shall set forth in writing its reasons for granting the motion, which shall include a finding of probable cause for believing that the allegations are true and correct.

(g) The finding of probable cause by the juvenile court shall preclude the necessity for a preliminary hearing subsequent to the transfer of the case for criminal prosecution, and the court having jurisdiction of the offense or offenses charged may exercise any authority over the case and the child, subsequent to the transfer, which is otherwise applicable to cases involving adult offenders under provisions of laws or rules of procedure adopted by the Supreme Court.

(h) A child whose case is transferred for criminal prosecution shall not be granted youthful offender status and, if convicted, shall be sentenced as an adult if the act which if committed by an adult would constitute any of the following:

(1) A capital offense.

(2) A Class A felony.

(3) A felony which has as an element the use of a deadly weapon.

(4) A felony which has as an element the causing of death or serious physical injury.

(5) A felony which has as an element the use of a dangerous instrument against any person who is:

a. A law enforcement officer or official.

b. A correctional officer or official.

c. A parole or probation officer or official.

d. A juvenile court probation officer or official.

e. A district attorney or other prosecuting officer or official.

f. A judge or judicial official.

g. A court officer or official.

h. A person who is a grand juror, juror, or witness in any legal proceeding of whatever nature when the offense stems from, is caused by, or is related to the role of the person as a juror, grand juror, or witness.

i. A teacher, principal, or employee of the public education system of Alabama.

(6) Trafficking in drugs in violation of Section 13A-12-231.

(i) A child who is transferred to criminal court for criminal prosecution shall be tried as an adult for the offense charged and all lesser included offenses of the offense charged.

(j) A conviction or adjudication as a youthful offender following the transfer of a child for criminal prosecution as provided in this section shall terminate the jurisdiction of the juvenile court over that child with respect to any future criminal acts, offenses, or violations of any nature and with respect to any pending allegations of delinquency which have not been disposed of by the juvenile court at the time of the criminal conviction. Any pending or future criminal acts committed by the child shall be prosecuted as other criminal charges are prosecuted; however, the juvenile court shall exercise jurisdiction over the child for the purpose of obtaining verification of a previous conviction or adjudication as a youthful offender after being transferred for prosecution as an adult, and for the purpose of authorizing release pending trial on bond or as otherwise provided by law. Termination of the juvenile court's jurisdiction over the child with respect to future criminal charges and pending allegations of delinquency, as provided herein, shall not affect the juvenile court's jurisdiction over the child with respect to any other matter provided in this chapter, specifically including any prior allegations of delinquency which, at the time of the criminal conviction, has been disposed of by the juvenile court either through informal adjustment, consent decree, or adjudication. The juvenile court is specifically authorized, to the extent practicable, to continue exercising its jurisdiction over the child with respect to such previously disposed delinquency cases after the termination of its jurisdiction with respect to other criminal charges.

(Acts 1975, No. 1205, p. 2384, §5-129; Acts 1988, No. 88-226, p. 353, §3; Acts 1990, No. 90-674, p. 1304, §7; Acts 1996, No. 96-502, p. 636, §1; Acts 1996, No. 96-571, p. 636, §1.)