Transfer Hearings under O.C.G.A. §15-11-30.2

The code section allowing a juvenile to be transferred to Superior Court is §15-11-30.2. The court before hearing the petition on its merits may transfer the offense for prosecution to the appropriate court having jurisdiction of the offense if A hearing on whether the transfer should be made is held in conformity with Code Sections 15-11-28, 15-11-30, and 15-11-31. This must be an evidentiary hearing. R.S. v. State, 156 Ga. App. 460 (1980). These sections apply to "regular" juvenile court procedure, thus the procedure for a transfer hearing is the same as any other in juvenile court with the same rules regarding procedure, evidence, witnesses and with the juvenile retaining the same rights. Notice in writing of the time, place, and purpose of the hearing is given to the child and his parents, guardian, or other custodian at least three days before the hearing.

In order for a juvenile to be transferred the court must within its discretion determine that there are reasonable grounds to believe that the child committed the delinquent act alleged, the child is not committable to an institution for the mentally retarded or mentally ill and the interests of the child and the community require that the child be placed under legal restraint and the transfer be made, the child was at least 15 years of age at the time of the alleged delinquent conduct or the child was 13 or 14 years of age and committed an act for which the punishment is loss of life or confinement for life in a penal institution. (Note that the burden of meeting the stated requirements of this section is on the state and the state must show that the child is not amenable to treatment or rehabilitation. In re E.W. 256 Ga 681 (1987). But, amenability is just one factor that may be outweighed by the interests of the community)

The transfer terminates the jurisdiction of the juvenile court over the child with respect to an adjudication of delinquency as to the delinquent acts alleged in the petition. Statements made by the child at any hearing under this article are not admissible against him over objection in the criminal proceedings following the transfer.

1. Factors that the court may consider in deciding whether to transfer may include:

2. The extent of the juvenile’s participation in the offense

3. The juvenile’s age

4. The juvenile’s prior history and criminal record, if any

5. The extent of the physical and emotional harm to the victim

6. The potential harm to the victim, if any

7. Whether a weapon was used

8. If there was evidence of deliberation, premeditation

9. The nature of the relationship with the victim

10. The juvenile’s competence/stage of development and mental health

11. Whether the juvenile was sufficiently mature to understand the nature of the crime

12. Whether the juvenile is sufficiently mature to be viewed as culpable for his behavior

13. Whether the juvenile would be better served and rehabilitated through juvenile court services

14. Whether the juvenile is amenable to treatment/rehabilitation (the state must show the child is not amenable)

15. Is there a specific program in juvenile court that may rehabilitate/treat the specific child

16. Is the juvenile sufficiently mature to participate in the adjudicative process