Transfer from court having criminal jurisdiction; release on
recognizance; detention
Sec. 11. (a) Except as provided in section 9 of this chapter, if a
court having criminal jurisdiction determines that a defendant is
alleged to have committed a crime before the defendant is eighteen
(18) years of age, the court shall immediately transfer the case,
together with certified copies of all papers, documents, and
testimony, to the juvenile court. The juvenile court shall proceed as
if it had received a referral under IC 31-37-8.
(b) The court having criminal jurisdiction shall release the child
on the child's own recognizance or to the child's parent, guardian, or
custodian upon that person's written promise to bring the child before
the juvenile court at a specified time. However, the court may order
the child detained if the court finds probable cause to believe that the
child committed an act that would be a crime if committed by an
adult and that:
(1) the child is unlikely to appear before the juvenile court for
subsequent proceedings;
(2) detention is essential to protect the child or the community;
(3) the parent, guardian, or custodian:
(A) cannot be located; or
(B) is unable or unwilling to take custody of the child; or
(4) the child has a reasonable basis for requesting that he or she
not be released.
If the child is detained for a reason specified by subdivision (3) or
(4), the child must be detained in accordance with IC 31-37-7-1.
(c) If the child is not released, the child shall be delivered to a
place designated by the juvenile court. The court having criminal
jurisdiction shall promptly notify the child's parent, guardian, or
custodian and an intake officer of where the child is being held and
the reasons for the child's detention.
(d) A child transferred to the juvenile court under this section (or
IC 31-6-2-2 before its repeal) may not be released on bail.
As added by P.L.1-1997, SEC.13.
Last modified: May 24, 2006