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Superior
Court Judge Maureen Dennis is now weighing
whether to transfer Michael Skakel to adult
court to face murder charges. Dennis said
she will base her decision on the Transfer
Act of 1970, the statute in effect at the
time Martha Moxley was killed. The second
part of the statute lays out how an investigation
into the juvenile's background should be
conducted.
Sec. 17-60a. Transfer
to superior court of child referred for
commission of murder. The juvenile
court shall have the authority to transfer
to the jurisdiction of the superior court
any child referred to it for the commission
of a murder, provided any such murder was
committed after such child attained the
age of fourteen years. No such transfer
shall be valid unless prior thereto the
court has caused a complete investigation
to be made as provided in section 17-66
and has found, after a hearing, that there
is reasonable cause to believe that (1)
the child has committed the act for which
he is charged and (2) there is no state
institution designed for the care and treatment
of children to which said court may commit
such child which is suitable for his care
or treatment or (3) the safety of the community
requires that the child continue under restraint
for a period extending beyond his majority
and (4) the facilities of the superior court
provide a more effective setting for disposition
of the case and the institutions to which
said court may sentence a defendant are
more suitable for the care of treatment
of such child.
Sec. 17-66. Investigations
by probation officer prior to disposition
of delinquency case. Prior to the
disposition of the case of any child found
to be delinquent, investigation shall be
made of the facts as herein specified by
the probation officer, and until such investigation
has been completed and the results therof
placed before the judge, no disposition
of the child's case shall be made. Such
investigation shall consist of an examination
of the parentage and surroundings of the
child, his age, habits and history and shall
include also an inquiry into the home conditions,
habits and character of his parents or guardians.
Where a child is or legally should be in
attendance at school, it shall further contain
a report of the child's school adjustment,
which shall be furnished by the school officials
to the court upon its request. The court
shall, when it is found necessary to the
disposition, cause a complete physical or
mental examination, or both, to be made
of the child by persons professionally qualified
to do so.
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