Sixth factorthe availability of programs
treat the juvenile's behavioral problems
This is the sixth statutory transfer factor. The district
make an inquiry of juvenile programs available for similarly aged
Nelson, 68 F. 3d at 590-91. The court should determine how
would fit into such programs and how long the juvenile might be
The government must do more, to carry its burden of
persuasion, than merely
asserting the unavailability of appropriate programs. Id.
It must make
a showing that it has investigated various options but is still
unable to find
available and suitable programs. Id. Even where the
determines that there is a better chance of rehabilitation in adult
must base the decision on a comparison of adult and juvenile
Id.; Gerald N., 900 F. 2d at 191.
This factor should not weigh against the juvenile solely
government fails to offer a treatment program. M.H., 901 F.
1217. Conversely, the government's default in making available a
wide range of
programs is insufficient reason to conclude this factor in the
Id. Under this circumstance, the court may appropriately
likely success of such a rehabilitative program were one available.
Although the Act requires the district court to consider
treatment options, it is not required to conduct a nationwide
search for such
programs. T.F.F., 55 F. 3d at 1121. Whether it is an abuse
for a district court to fail to consider evidence presented
juvenile programs in other jurisdictions is still undecided.
Id. at n.1.
Finally, it is not clearly erroneous for a court to reason
that the state
system offers no hope of rehabilitation if a juvenile is at an age
time remains for possible rehabilitation within the juvenile
at 1121. A motion to transfer is properly granted where a court
the risk of harm to society posed by affording the defendant more
treatments within the juvenile system outweighs the defendant's
rehabilitation. One Juvenile Male, 40 F.3d at 844.
A United States Probation Officer or Bureau of Prisons
official may be able
to provide proof concerning this factor.