INDIANAPOLIS (AP): Indiana Department of Correction data shows the vast majority of youths found guilty of murder in the state are sentenced as adults.

In the past five years, fewer than 2 percent have been sentenced as juveniles.

Marion County prosecutor’s office spokeswoman Peg McLeish tells the Indianapolis Star that prosecutors consider the specific circumstances when deciding whether to waive a child to adult court.

Marion County Juvenile Court Judge Marilyn Moores says children 12 years or older can be waived to adult court.

She says that because juvenile court emphasizes rehabilitation, the court’s ability to help the child is considered in the decision on whether to waive a case. Key factors include whether the child has previously completed rehabilitation services and whether the child is agreeable after being charged.