(a) Following the filing of the motion by the Attorney General, summonses shall be issued and served as provided by law. A copy of the motion and a copy of the delinquency complaint, if not already served, shall be attached to each summons.
(b) When there are grounds to believe the child is substantially retarded or mentally ill, the court shall stay the proceedings for the purpose of obtaining an examination. After examination, the court shall proceed to determination under subsection (c) of this section unless it determines that the child is incompetent to participate in the proceedings, in which event it shall order the child committed to a mental hospital.
(c) Unless a commitment under subsection (b) of this section has intervened or the transfer is mandatory, the court shall conduct a hearing on each of the factors relevant to transfer. Accompanying an order to transfer shall be a statement of the reasons of the court for ordering the transfer of the child. Included in the statement shall be the court's findings with respect to each of the factors set forth in subsection (d) of this section. This statement shall be available upon request to any court in which the transfer is challenged, but shall not be available to the trier of fact of the criminal charge prior to verdict.
(d) Evidence of the following factors shall be considered in determining transfer:
(1) the seriousness of the alleged offense to the community and whether the protection of the community requires waiver;
(2) whether the alleged offense was committed in an aggressive, violent, premeditated or willful manner;
(3) whether the alleged offense was against property, greater weight being given to offenses against persons, especially if personal injury resulted;
(4) whether there is probable cause to believe that the offense charged has been committed and that the child has committed it;
(5) the sophistication and maturity of the child as determined by consideration of his home, emotional attitude and pattern of living;
(6) the record and previous history of the juvenile, including previous contacts with the Youth Services Administration, law enforcement agencies and courts, and prior periods of probation or prior commitments to residential institutions;
(7) the prospects for adequate protection of the public and the likelihood of reasonable rehabilitation of the child, if found to have committed the alleged offenses.
(e) Prior to a hearing on the motion by the Attorney General, a study and a report to the court, in writing, relevant to the factors in subsection (d)(1) through (d)(4) of this section shall be made by the U.S. Virgin Islands Police Department (V.I.P.D.), and subsection (d)(5) through (d)(7) of this section shall be made by the Youth Services Administration. The child or his parents, or other person responsible for his care, or his counsel shall have the right to examine these reports prior to the hearing and to question the parties responsible for them at the hearing.
(f) If the Attorney General's motion for transfer is not granted, the Attorney General, before jeopardy attaches, may move that the court provide for a hearing on the grounds of newly discovered evidence which could not be discovered with reasonable diligence prior to the original transfer hearing. The court may grant the motion if it finds it is in the best interest of justice.
(g) If the Attorney General's motion for transfer pursuant to section 2508(d) of this chapter is granted, and the child offender has been detained or is subsequently detained, the child offender shall be placed in the custody of the Bureau of Corrections. Such pre-trial detention of the child offender shall be separate and apart from the adult inmate population.