Section 62B.335 - Jurisdiction over adult charged with certain delinquent acts committed as child1. If: (a) A person is charged with the commission of a delinquent act that occurred when the person was at least 16 years of age but less than 18 years of age;(b) The delinquent act would have been a category A or B felony if committed by an adult;(c) The person is identified by law enforcement as having committed the delinquent act before the person reaches 21 years of age; and(d) The person is apprehended by law enforcement after the person reaches 21 years of age, the juvenile court has jurisdiction over the person to conduct a hearing and make the determinations required by this section in accordance with the provisions of this section.
2. The juvenile court shall conduct a hearing to determine whether there is probable cause to believe that the person committed the delinquent act.3. If the juvenile court determines that there is not probable cause to believe that the person committed the delinquent act, the juvenile court shall dismiss the charges and discharge the person.4. If the juvenile court determines that there is probable cause to believe that the person committed the delinquent act, the juvenile court shall determine whether, based upon the interests of justice and the need for protection of the public, to: (a) Dismiss the charges; or(b) Transfer the case for proper criminal proceedings to any court that would have jurisdiction over the delinquent act if the delinquent act were committed by an adult.5. In determining the interests of justice and the need for protection of the public, the juvenile court shall consider: (a) The number, date, nature and gravity of the delinquent acts committed by the person.(b) Whether the delinquent acts involved the use of a weapon, violence or infliction of serious bodily injury.(c) The impact to any victim of the person.(d) The extent to which the person has already received punishment, counseling, therapy or treatment after the commission of the delinquent acts, and the response of the person to any such punishment, counseling, therapy or treatment.(e) The behavior of the person since the date on which the person committed the delinquent acts, including, without limitation, the character, maturity, educational progress and work history of the person.(f) Any evidence that the person engaged in recent threats against any person or expressed the intent to commit a crime in the future.(g) Psychological or psychiatric evidence that indicates a risk of recidivism.(h) Any emotional or mental health condition that existed at the time of the commission of the delinquent act.(i) Any physical conditions that minimize the risk of recidivism, including, without limitation, physical disability or illness.(j) Any other factor the juvenile court finds relevant.6. If the case is transferred for criminal proceedings pursuant to this section, the court shall also transfer any other related offense arising out of the same facts as the delinquent act, regardless of the nature of the related offense.7. The court to which the case is transferred has original jurisdiction over the person.8. A person held in custody pursuant to this section must be held in the state prison, a county or city jail or detention facility for adults and is entitled to bail as established in criminal proceedings.