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45.0341 Certification hearing-Consideration of factors.

Cite as [A.S.C.A. § 45.0341]

(a) The hearing pursuant to 45.0340 is conducted under 45.0124 and the Court makes certain that the child and his parents, guardian, or legal custodian have been fully informed of their right to be represented by counsel under 45.0120 to 45.0123.

(b) In considering whether or not to certify the child for criminal proceedings as an adult, the Court considers the following factors:

(1) the seriousness of the offense and whether the protection of the community requires isolation of the child beyond that afforded by juvenile facilities;

(2) whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner;

(3) whether the alleged offense was against persons or property, greater weight being given to offenses against persons;

(4) the maturity of the child as determined by considerations of his home, environment, emotional attitude, and pattern of living;

(5) the record and previous history of the child; and

(6) the likelihood of rehabilitation of the child by use of juvenile facilities available to the court.

(c) The amount of weight to be given to each of the factors listed in subsection (b) is discretionary with the Court, except that a record of 2 or more previously sustained petitions for acts which would constitute felonies if committed by an adult establishes prima facie evidence that not to certify the child for criminal proceedings as an adult would be contrary to the best interests of the child or of the community.

(d) The insufficiency of evidence pertaining to any 1 or more of the factors listed in subsection (b) is not determinative in and of itself of the issue of certification.

History: 1980, PL 16-71 § 1.

Research Guide: CRS 19-3-108.