The Maryland General Assembly gave final approval to its high-priority, multipronged juvenile justice bill Friday, officially passing it to Gov. Wes Moore for consideration.
“There’s a crime perception problem,” said Senate Judicial Proceedings Committee Chair Will Smith. “The components of this bill are a significant part of affording accountability and transparency in the entire process.”
The bill, ushered through the Senate by Smith, and in the House by Judiciary Committee Chair Luke Clippinger — both of whom are Democrats — seeks to quell constituent calls about increased instances of carjackings, car thefts and firearms charges among Maryland youth.
Although the bills started with identical language, they diverged on policy over the last three months. House Bill 814 was amended in the Senate Judicial Proceedings Committee on Wednesday, adding in a blend of measures from both chambers’ bills.
The legislation passed out of the committee on a vote of 8-2, with Democratic Sens. Jill Carter from Baltimore City and Charles Sydnor from Baltimore County offering the only opposition votes.
The pair were also the only lawmakers to vote against the bill when it reached the Senate floor. Neither explained their vote upon the legislation’s final approval, but told members of the Judicial Proceedings Committee that they would not stand behind a bill that isn’t backed by data.
Carter said Wednesday that the bill is “the product of a lot of media-driven panic.”
“I’ve heard a lot of rhetoric from many leaders in the state … — I won’t name them — that we have to reverse our carceral nature and do better and make better policy,” she said. “Well, if not now in 2024, I’m not sure when we start that.”
Democrats in the House also lamented that the bill was reactionary, and that the legislature had not provided enough time to determine whether measures under the Juvenile Justice Reform Act that was passed in 2022 were effective.
“We’re going to scrap all that, and we’re going to pass a bill that I think, quite frankly, is not just punitive, but draconian because we are listening to a few zealous voices of law enforcement and prosecutors who are intent on raising numbers in terms of incarceration rather than diverting our youth and keeping us safe,” Del. Gabe Acevero, a Montgomery County Democrat, said while explaining his vote.
House Bill 814 received final approval in the House on a vote of 114-8. Acevero and Dels. Charlotte Crutchfield, Lorig Charkoudian, Debra Davis, Tiffany Alston, Ashanti Martinez, Malcolm Ruff and Caylin Young — all of whom are Democrats — were the dissenters.
In explaining her vote, Davis said that it’s a “slippery slope” for the General Assembly to pass legislation “not on data, but a knee-jerk reaction.”
As it was amended, the commission created under the bill to study juvenile justice best practices would begin meeting June 1. The remaining measures would go into effect Nov. 1.
The finalized bill would expand the list of charges kids aged 10 to 12 can face to include certain firearm offenses, third degree sex offenses — using a weapon, threatening or physically harming someone while also committing sexual assault — and aggravated animal cruelty.
Minors age 10 to 12 can already face charges for carjacking under existing law.
Child in Need of Services, or CINS, petitions would automatically be filed for children under 13 who commit car theft.
The amended bill would allow minors to be detained pretrial in a Department of Juvenile Services, or DJS, facility if they were found delinquent twice during a two-year period or if, while under the supervision of DJS, they committed an offense that would be punishable by more than two years in prison if committed by an adult with an exception for second-degree assault charges.
Children age 10 to 12 would be exempted from being held pretrial for their first firearms offense.
If a child on electronic monitoring violates the terms of their community detention, DJS would be required to alert their lawyer and the jurisdiction’s state’s attorney’s office.
If a child is charged with a crime while under DJS supervision, their case would be automatically forwarded to the jurisdiction’s state’s attorney’s office.
Juvenile court judges would have the ability to extend probationary periods if a child has two unexcused absences for their court-ordered treatment program. The court would also have the authority to rule that the child has substantially completed their programming in spite of the absences.
Children can be sent to a diversion program by a DJS intake officer rather than having their case forwarded to the jurisdiction’s state’s attorney’s office. However, if the intake officer determines that the child cannot successfully complete the program, they would be required to forward the complaint to the state’s attorney.
Local school boards would be required to create policies to allow children on the juvenile sex offender registry to complete their education without attending classes on school property.
The bill also has a measure to codify the THRIVE program, which connects children most at risk of perpetrating or becoming the victim of gun violence with mentors who have lived experience. The program was created by DJS Secretary Vincent Schiraldi, who has been a frequent target of criticism by Republicans.
Del. Robin Grammer, a Republican from Baltimore County, said he was frustrated that “everybody’s lying” about the reach of juvenile crime, mentioned Schiraldi by name and alleged that the numbers reported by his agency are incorrect.
According to a 2023 research brief from DJS, less than 10% of crime in Maryland is committed by children.
Still, some Republicans thought the bill was a step in the right direction.
“I don’t care about statistics,” House Minority Leader Jason Buckel said. “I care about that child being interdicted in a way that provides a deterrent effect, that provides them an opportunity to not become an adult offender, not become a high school offender.”
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