Statutes | Menominee Tribal Code Part II Chapter 278 Article XII ยง 278-172 | 2020
A.
After a petition has been filed alleging a delinquent act, the Court may, before a hearing on the merits, transfer the matter for prosecution to the adult Court after a transfer hearing, if:
(1)
The Prosecutor files a motion to transfer to the adult Court, upon the filing of the motion the child shall immediately be appointed legal counsel
(2)
The child was 17 years of age or older at the time the conduct alleged to be a delinquent act was committed and the alleged delinquent act(s) would be a crime if committed by an adult and consider the following:
(a)
Threats the child may pose to other children in a juvenile detention facility
(b)
Whether or not the child is a danger to the public
(c)
The severity of the alleged delinquent act(s) and delinquent history or past conduct of the child
(d)
Compare the availability of treatment in the adult and juvenile systems
(e)
Whether the child is not amenable to treatment designed to serve children.
(3)
Written notice of the time, place and purpose of the hearing is given to the child, parent(s), guardian(s) or caretaker(s) at least three business days before the hearing
(4)
The Court at the hearing finds there are reasonable grounds to believe that:
(a)
A delinquent act(s) has been committed and the child may have committed the alleged delinquent act(s) and
(b)
The child is not amenable to treatment or rehabilitation as a child through available resources and
(c)
The child has a history of delinquent offenses or history or probation violations or a record of felony offenses and
(d)
The child is not committable to an institution for the mentally disabled or mentally ill and
(e)
The child is a danger to the public or him/herself and transfer to the adult Court would be in the childs best interest.
B.
A hearing on whether the transfer should be made is held in conformity with the rules of evidence and the burden of proof is clear and convincing. The hearing will be to the Court without a jury.
C.
A written transfer order containing specific findings and reasons for the order terminates the proceedings under this article over the child with respect to the delinquent act(s) alleged in the petition.
D.
Prior to the hearing, the Department shall prepare for the Court and make available copies to the child, childs legal counsel or parent(s), guardian(s) or caretaker(s), a pre-dispositional report relevant to the issues the Court must find to transfer the child to adult Court under this section, and the Court shall hear evidence and make specific findings in regards thereto. Gathering of such information for the pre-dispositional report shall not include any interviews with the child regarding the merits of the alleged offense.
E.
If transfer is ordered and continued detention is required pending the proceedings in the adult Court, the child shall be detained in a juvenile facility.