§ 5-148. Certification as an adult.
A. In order to transfer to the adult Trial Court, the Tribal Prosecutor may file a petition requesting the Juvenile Court to transfer the child to the jurisdiction of the adult Trial Court if the child is fourteen (14) years of age or older and is alleged to have committed an act that would be considered a serious crime if committed by an adult. The Juvenile Court shall conduct a hearing to determine whether jurisdiction of the child should be transferred to adult Trial Court. The transfer hearing shall be held within ten (10) days of the filing of the petition. Written notice of the hearing shall be given to the child and the child’s parent(s), guardian or custodian at least seventy-two (72) hours prior to the hearing. The following factors shall be considered when determining whether to transfer jurisdiction of the child to the adult Trial Court:
1. The nature and seriousness of the offense with which the child is charged;
2. The nature and condition of the child, as evidenced by his age, mental and physical condition and emotional and psychological stability;
3. The child’s record of offenses and responses to past Juvenile Court efforts at rehabilitation.
B. The Juvenile Court may transfer jurisdiction of the child to the adult Trial Court if the Juvenile Court finds clear and convincing evidence that both of the following exist:
1. There are no reasonable prospects for rehabilitating the child through resources available to the Juvenile Court; and
2. The offense allegedly committed by the child evidences a pattern of conduct which constitutes a substantial danger to the public.
C. When a minor is transferred to Trial Court, the Juvenile Court shall issue a written transfer order containing specific findings and reasons for the transfer. The transfer order constitutes a final order for purposes of appeal.