§ 9-27-501 - Extended juvenile jurisdiction designation.
9-27-501. Extended juvenile jurisdiction designation.
(a) The state may request an extended juvenile jurisdiction designation in a delinquency petition or file a separate motion if the:
(1) Juvenile, under thirteen (13) years of age at the time of the alleged offense, is charged with capital murder, 5-10-101, or murder in the first degree, 5-10-102, and the state has overcome presumptions of lack of fitness to proceed and lack of capacity as set forth in 9-27-502;
(2) (A) Juvenile, thirteen (13) years of age at the time of the alleged offense, is charged with capital murder, 5-10-101, or murder in the first degree, 5-10-102.
(B) However, juveniles thirteen (13) years of age at the time of the alleged offense shall have an evaluation to 9-27-502, and the burden will be upon the juvenile to establish lack of fitness to proceed and lack of capacity;
(3) Juvenile, fourteen (14) or fifteen (15) years of age at the time of the alleged offense, is charged with any of the crimes listed in 9-27-318(b)(1) and 9-27-318(c)(2); or
(4) Juvenile, sixteen (16) or seventeen (17) years of age at the time of the alleged offense, is charged with any of the crimes listed in 9-27-318(b)(1) and 9-27-318(c)(2).
(b) The juvenile's attorney may file a motion to request extended juvenile jurisdiction if the state could have filed pursuant to subsection (a) of this section.