246 Many of these State provisions mandate or allow transfer of those juveniles charged with any conduct that would constitute a felony if committed by an adult. Thirteen States mandate and four States permit this type of transfer for juveniles 16 and older. Mandatory transfer provisions also apply to certain offenders age 14 and older in Connecticut, Idaho, the Virgin Islands, and West Virginia, and age 13 and older in New York. Discretionary transfers apply to offenders as young as age 10 in South Dakota and Vermont. In Indiana, Mississippi, and Oregon, juveniles who violate certain firearms laws must be prosecuted as adults.
Some legislatures require any juvenile, regardless of age, to be transferred for certain offenses.
For example, in West Virginia, any child who commits a violent criminal act must be prosecuted in adult criminal court. 250 In New York, any child with a specific prior record of offenses who commits a felony must be criminally prosecuted. In Florida, any juvenile who commits auto theft or carjacking resulting in serious injury must be prosecuted in criminal court. In addition, several States provide judicial discretion to waive any juvenile regardless of age to criminal court based on the specific offense. Alaska, Arkansas, Delaware, Indiana, Louisiana, Minnesota, North Dakota, Oregon, Tennessee, Utah, and West Virginia added offenses for discretionary or mandatory juvenile prosecution in adult criminal court.