§ 5280. Commencement of youthful offender proceedings in the Family Division
(a) A proceeding under this chapter shall be commenced by:
(1) the filing of a youthful offender petition by a State’s Attorney; or
(2) transfer to the Family Court of a proceeding from the Criminal Division of the Superior
Court as provided in section 5281 of this title.
(b) A State’s Attorney may commence a proceeding in the Family Division of the Superior
Court concerning a child who is alleged to have committed an offense after attaining
14 years of age but not 22 years of age that could otherwise be filed in the Criminal
Division.
(c) If a State’s Attorney files a petition under subdivision (a)(1) of this section, the
case shall proceed as provided under subsection 5281(b) of this title.
(d)(1) Within 15 days after the commencement of a youthful offender proceeding pursuant to
subsection (a) of this section, the court shall notify the youth that the youth is
required to complete a risk and needs screening, which shall be conducted by the Department
or by a community provider that has contracted with the Department to provide risk
and needs screenings. The notice shall inform the youth that youthful offender status
may be denied if the youth fails to participate in the risk and needs screening.
(2) The risk and needs screening shall be completed prior to the youthful offender status
hearing held pursuant to section 5283 of this title. Unless the court extends the period for the risk and needs screening for good cause
shown, the Family Division shall reject the case for youthful offender treatment if
the youth does not complete the risk and needs screening within 15 days after the
offer for the risk and needs screening.
(3) The Department or the community provider shall report the risk level result of the
screening, the number and source of the collateral contacts made, and the recommendation
for charging or other alternatives to the State’s Attorney.
(4) Information related to the present alleged offense directly or indirectly derived
from the risk and needs screening or other conversation with the Department or community-based
provider shall not be used against the youth in the youth’s criminal or juvenile case
for any purpose, including impeachment or cross-examination. However, the fact of
participation in risk and needs screening may be used in subsequent proceedings.
(e) The State’s Attorney shall refer directly to court diversion a youth alleged to have
committed any offense other than those specified in subsection 5204(a) of this title who presents a low to moderate risk to reoffend based on the results of the risk
and needs screening, unless the State’s Attorney states on the record at the hearing
held pursuant to section 5283 of this title why a referral would not serve the ends of justice. If the court diversion program
does not accept the case or if the youth fails to complete the program in a manner
deemed satisfactory and timely by the provider, the youth’s case shall return to the
State’s Attorney for charging consideration. (Added 2017, No. 72, § 5, eff. July 1, 2018; amended 2017, No. 201 (Adj. Sess.), § 8; 2019, No. 45, § 4, eff. May 30, 2019; 2019, No. 124 (Adj. Sess.), § 8; 2021, No. 160 (Adj. Sess.), § 15, eff. June 1, 2022.)