EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0459*
HOUSE BILL 459
E3 2lr1704
By: Delegate Clippinger
Introduced and read first time: January 20, 2022
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Juvenile Justice Reform 2
FOR the purpose of altering provisions of law relating to the jurisdiction of the juvenile 3
court, the juvenile intake process, and the placement of a certain child in detention 4
or community detention; altering provisions of law relating to the authority of the 5
juvenile court in making a disposition on a certain petition; specifying the authority 6
of the juvenile court to place a child on probation under certain circumstances; 7
requiring the Governor’s Office of Crime Prevention, Youth, and Victim Services to 8
request and analyze certain data, develop a model policy for diversion of juveniles 9
from the juvenile and criminal justice systems, and submit certain reports; 10
establishing the Commission on Juvenile Justice Reform and Emerging and Best 11
Practices; requiring the Department of Juvenile Services to provide a certain report 12
to the General Assembly; and generally relating to juvenile justice. 13
BY repealing and reenacting, with amendments, 14
Article – Courts and Judicial Proceedings 15
Section 3–8A–03, 3–8A–10(c)(4) and (e), 3–8A–15(b) and (f) through (l), 16
3–8A–19(d)(1)(i) and (3), and 3–8A–27(a)(2)(iv) 17
Annotated Code of Maryland 18
(2020 Replacement Volume and 2021 Supplement) 19
BY adding to 20
Article – Courts and Judicial Proceedings 21
Section 3–8A–10(n), 3–8A–15(l), 3–8A–19.6, and 3–8A–19.7 22
Annotated Code of Maryland 23
(2020 Replacement Volume and 2021 Supplement) 24
BY repealing 25
Article – Courts and Judicial Proceedings 26
Section 3–8A–15(e) 27
Annotated Code of Maryland 28 2 HOUSE BILL 459
(2020 Replacement Volume and 2021 Supplement) 1
BY repealing and reenacting, with amendments, 2
Article – Criminal Procedure 3
Section 4–202(b), (c), and (i)(1), 4–202.2(a), 10–215(a)(20), and 10–216(d)(1) 4
Annotated Code of Maryland 5
(2018 Replacement Volume and 2021 Supplement) 6
BY repealing and reenacting, with amendments, 7
Article – Education 8
Section 7–303(a)(6)(ii) 9
Annotated Code of Maryland 10
(2018 Replacement Volume and 2021 Supplement) 11
BY adding to 12
Article – Public Safety 13
Section 3–530 14
Annotated Code of Maryland 15
(2018 Replacement Volume and 2021 Supplement) 16
BY adding to 17
Article – State Government 18
Section 9–3501 and 9–3502 to be under the new subtitle “Subtitle 35. Commission 19
on Juvenile Justice Reform and Emerging and Best Practices” 20
Annotated Code of Maryland 21
(2021 Replacement Volume) 22
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
That the Laws of Maryland read as follows: 24
Article – Courts and Judicial Proceedings 25
3–8A–03. 26
(a) EXCEPT AS OTHERWISE P ROVIDED IN THIS SECT ION, A CHILD UNDER 27
THE AGE OF 13 YEARS: 28
(1) IS NOT SUBJECT TO THE JURISDICTION OF THE COURT UNDER 29
THIS SUBTITLE; AND 30
(2) MAY NOT BE CHARGED WI TH A CRIME. 31
(B) In addition to the jurisdiction specified in Subtitle 8 of this title, the court has 32
exclusive original jurisdiction over: 33
(1) A child who is [alleged] AT LEAST 13 YEARS OLD: 34 HOUSE BILL 459 3
(I) ALLEGED to be delinquent or in need of supervision; or [who] 1
(II) WHO has received a citation for a violation; 2
(2) EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION, A 3
CHILD WHO IS AT LEAS T 10 YEARS OLD ALLEGED TO HAVE DONE AN ACT : 4
(I) THAT, IF COMMITTED BY AN A DULT, WOULD CONSTITUTE : 5
1. A CRIME PUNISHABLE BY LIFE IMPRISONMENT ; 6
2. FIRST DEGREE CHILD AB USE UNDER § 3–601 OF THE 7
CRIMINAL LAW ARTICLE; 8
3. SEXUAL ABUSE OF A MIN OR UNDER § 3–602(B) OF THE 9
CRIMINAL LAW ARTICLE; 10
4. SECOND DEGREE MURDER UNDER § 2–204 OF THE 11
CRIMINAL LAW ARTICLE; 12
5. ARMED CARJACKING UNDE R § 3–405 OF THE 13
CRIMINAL LAW ARTICLE; 14
6. SECOND DEGREE RAPE U NDER § 3–304 OF THE 15
CRIMINAL LAW ARTICLE; 16
7. CONTINUING COURSE OF CONDUCT WITH A CHILD 17
UNDER § 3–315 OF THE CRIMINAL LAW ARTICLE; OR 18
8. THIRD DEGREE SEXUAL O FFENSE UNDER § 3–307 OF 19
THE CRIMINAL LAW ARTICLE; OR 20
(II) ARISING OUT OF THE SA ME INCIDENT AS AN ACT L ISTED IN 21
ITEM (I)1 THROUGH 8 OF THIS ITEM; 22
(3) Except as provided in subsection [(d)(6)] (E)(6) of this section, a peace 23
order proceeding in which the respondent is a child; and 24
[(3)] (4) Proceedings arising under the Interstate Compact on Juveniles. 25
[(b)] (C) The court has concurrent jurisdiction over proceedings against an adult 26
for the violation of § 3–8A–30 of this subtitle. However, the court may waive its jurisdiction 27
under this subsection upon its own motion or upon the motion of any party to the 28
proceeding, if charges against the adult arising from the same incident are pending in the 29 4 HOUSE BILL 459
criminal court. Upon motion by either the State’s Attorney or the adult charged under § 1
3–8A–30 of this subtitle, the court shall waive its jurisdiction, and the adult shall be tried 2
in the criminal court according to the usual criminal procedure. 3
[(c)] (D) The jurisdiction of the court is concurrent with that of the District Court 4
in any criminal case arising under the compulsory public school attendance laws of this 5
State. 6
[(d)] (E) The court does not have jurisdiction over: 7
(1) A child at least 14 years old alleged to have done an act that, if 8
committed by an adult, would be a crime punishable by life imprisonment, as well as all 9
other charges against the child arising out of the same incident, unless an order removing 10
the proceeding to the court has been filed under § 4–202 of the Criminal Procedure Article; 11
(2) A child at least 16 years old alleged to have done an act in violation of 12
any provision of the Transportation Article or other traffic law or ordinance, except an act 13
that prescribes a penalty of incarceration; 14
(3) A child at least 16 years old alleged to have done an act in violation of 15
any provision of law, rule, or regulation governing the use or operation of a boat, except an 16
act that prescribes a penalty of incarceration; 17
(4) A child at least 16 years old alleged to have committed any of the 18
following crimes, as well as all other charges against the child arising out of the same 19
incident, unless an order removing the proceeding to the court has been filed under § 20
4–202 of the Criminal Procedure Article: 21
(i) Abduction; 22
(ii) Kidnapping; 23
(iii) Second degree murder; 24
(iv) Manslaughter, except involuntary manslaughter; 25
(v) Second degree rape; 26
(vi) Robbery under § 3–403 of the Criminal Law Article; 27
(vii) Third degree sexual offense under § 3–307(a)(1) of the Criminal 28
Law Article; 29
(viii) A crime in violation of § 5–133, § 5–134, § 5–138, or § 5–203 of 30
the Public Safety Article; 31
HOUSE BILL 459 5
(ix) Using, wearing, carrying, or transporting a firearm during and 1
in relation to a drug trafficking crime under § 5–621 of the Criminal Law Article; 2
(x) Use of a firearm under § 5–622 of the Criminal Law Article; 3
(xi) Carjacking or armed carjacking under § 3–405 of the Criminal 4
Law Article; 5
(xii) Assault in the first degree under § 3–202 of the Criminal Law 6
Article; 7
(xiii) Attempted murder in the second degree under § 2–206 of the 8
Criminal Law Article; 9
(xiv) Attempted rape in the second degree under § 3–310 of the 10
Criminal Law Article; 11
(xv) Attempted robbery under § 3–403 of the Criminal Law Article; or 12
(xvi) A violation of § 4–203, § 4–204, § 4–404, or § 4–405 of the 13
Criminal Law Article; 14
(5) A child who previously has been convicted as an adult of a felony and is 15
subsequently alleged to have committed an act that would be a felony if committed by an 16
adult, unless an order removing the proceeding to the court has been filed under § 4–202 of 17
the Criminal Procedure Article; or 18
(6) A peace order proceeding in which the victim, as defined in § 19
3–8A–01(cc)(1)(ii) of this subtitle, is a person eligible for relief, as defined in § 4–501 of the 20
Family Law Article. 21
[(e)] (F) If the child is charged with two or more violations of the Maryland 22
Vehicle Law, another traffic law or ordinance, or the State Boat Act, allegedly arising out 23
of the same incident and which would result in the child being brought before both the court 24
and a court exercising criminal jurisdiction, the court has exclusive jurisdiction over all of 25
the charges. 26
3–8A–10. 27
(c) (4) (i) 1. [If] EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 2 28
OF THIS SUBPARAGRAPH , IF a complaint is filed that alleges the commission of an act 29
which would be a felony if committed by an adult or alleges a violation of § 4–203 or § 30
4–204 of the Criminal Law Article, and if the intake officer denies authorization to file a 31
petition or proposes an informal adjustment, the intake officer shall immediately: 32
[1.] A. Forward the complaint to the State’s Attorney; and 33
6 HOUSE BILL 459
[2.] B. Forward a copy of the entire intake case file to the 1
State’s Attorney with information as to any and all prior intake involvement with the child. 2
2. FOR A COMPLAINT THAT ALLEGES THE COM MISSION 3
OF AN ACT THAT WOULD BE A FELONY IF COMMI TTED BY AN ADULT , THE INTAKE 4
OFFICER IS NOT REQUI RED TO FORWARD THE C OMPLAINT AND COPY OF THE INTAKE 5
CASE FILE TO THE STATE’S ATTORNEY IF: 6
A. THE INTAKE OFFICER PR OPOSES THE MATTER FOR 7
INFORMAL ADJUSTMENT ; 8
B. THE ACT DID NOT INVOL VE THE INTENTIONAL 9
CAUSING OF, OR ATTEMPT TO CAUSE , THE DEATH OF OR PHYS ICAL INJURY TO 10
ANOTHER; AND 11
C. THE ACT WOULD NOT BE A CRIME OF VIOLENCE , AS 12
DEFINED UNDER § 14–101 OF THE CRIMINAL LAW ARTICLE, IF COMMITTED BY AN 13
ADULT. 14
(ii) The State’s Attorney shall make a preliminary review as to 15
whether the court has jurisdiction and whether judicial action is in the best interests of the 16
public or the child. The need for restitution may be considered as one factor in the public 17
interest. After the preliminary review the State’s Attorney shall, within 30 days of the 18
receipt of the complaint by the State’s Attorney, unless the court extends the time: 19
1. File a petition or a peace order request or both; 20
2. Refer the complaint to the Department of Juvenile 21
Services for informal disposition; or 22
3. Dismiss the complaint. 23
(iii) This subsection may not be construed or interpreted to limit the 24
authority of the State’s Attorney to seek a waiver under § 3–8A–06 of this subtitle. 25
(e) (1) (I) [The] SUBJECT TO SUBPARAGRA PH (II) OF THIS 26
PARAGRAPH , THE intake officer [may propose an informal adjustment of the matter if], 27
based on the complaint and the inquiry, [the intake officer concludes] AND AFTER 28
CONCLUDING that the court has jurisdiction [but that], MAY PROPOSE AN INFOR MAL 29
ADJUSTMENT OF THE MA TTER IF THE INTAKE O FFICER CONCLUDES THA T an 30
informal adjustment, rather than judicial action, is in the best interests of the public and 31
the child. 32
(II) THE INTAKE OFFICER SH ALL PROPOSE AN INFOR MAL 33
ADJUSTMENT OF THE MA TTER IF: 34 HOUSE BILL 459 7
1. THE CHILD WHO IS THE SUBJECT OF THE COMPL AINT 1
HAS NOT BEEN PREVIOU SLY: 2
A. ADJUDICATED DELINQUE NT; OR 3
B. REFERRED FOR AN INFO RMAL ADJUSTMENT ; 4
2. A. THE COMPLAINT ALLEGES TH AT THE CHILD 5
COMMITTED AN ACT THA T WOULD BE A MISDEME ANOR IF COMMITTED BY AN ADULT; 6
OR 7
B. IF THE COMPLAINT ALLE GES THAT THE CHILD 8
COMMITTED AN ACT THA T WOULD BE A FELONY IF COMMITTED BY AN A DULT, THE 9
ACT DID NOT INVOLVE THE INTENTIONAL CAUSING OF , OR ATTEMPT TO CAUSE , THE 10
DEATH OF OR PHYSICAL INJURY TO ANOTHER AN D WOULD NOT BE A CRI ME OF 11
VIOLENCE, AS DEFINED UNDER § 14–101 OF THE CRIMINAL LAW ARTICLE, IF 12
COMMITTED BY AN ADUL T; AND 13
3. THE COMPLAINT DOES NO T ALLEGE AN ACT 14
INVOLVING THE USE OR POSSES SION OF A FIREARM . 15
(2) (I) [The] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 16
PARAGRAPH , THE intake officer shall propose an informal adjustment by informing the 17
victim, the child, and the child’s parent or guardian of the nature of the complaint, the 18
objectives of the adjustment process, and the conditions and procedures under which it will 19
be conducted. 20
(II) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBS ECTION, 21
THE INTAKE OFFICER M AY PROCEED WITH AN I NFORMAL ADJUSTMENT W ITHOUT 22
INFORMING THE VICTIM AS REQUIRED BY SUBPA RAGRAPH (I) OF THIS PARAGRAPH 23
IF THE INTAKE OFFICE R HAS MADE REASONABL E EFFORTS TO CONTACT THE VICTIM 24
FOR THE PURPOSE OF I NFORMING THE VICTIM UNDER SUBPARAGRAPH (I) OF THIS 25
PARAGRAPH . 26
(3) The intake officer may not proceed with an informal adjustment unless 27
[the victim,] the child[,] and the child’s parent or guardian consent to the informal 28
adjustment procedure. 29
(N) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , AT ANY TIME 30
BEFORE AN A DJUDICATORY HEARING , THE COURT MAY HOLD T HE PROCEEDINGS IN 31
ABEYANCE FOR INFORMA L ADJUSTMENT IF CONS ENTED TO BY: 32
(I) THE STATE’S ATTORNEY; 33 8 HOUSE BILL 459
(II) THE CHILD WHO IS THE SUBJECT OF THE PETIT ION AND THE 1
CHILD’S COUNSEL; AND 2
(III) THE COURT. 3
(2) (I) IF THE CHILD SUCCESSF ULLY COMPLETES THE I NFORMAL 4
ADJUSTMENT , THE COURT SHALL DISM ISS THE DELINQUENCY PETITION. 5
(II) IF THE CHILD DOES NOT SUCCESSFULLY COMPLET E THE 6
INFORMAL ADJUSTMENT , THE COURT SHALL RESU ME PROCEEDINGS UNDER THIS 7
SUBTITLE AGAINST TH E CHILD. 8
3–8A–15. 9
(b) (1) [If] SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS SUBSECTION , 10
IF a child is taken into custody under this subtitle, the child may be placed in detention or 11
community detention prior to a hearing if: 12
[(1)] (I) Such action is required to protect the child or others; or 13
[(2)] (II) The child is likely to leave the jurisdiction of the court. 14
(2) (I) IN THIS PARAGRAPH , “RISK SCORING INSTRUM ENT” MEANS 15
A TOOL, A METRIC, AN ALGORITHM , OR SOFTWARE THAT : 16
1. IS USED TO ASSIST IN DETERMINING THE ELIG IBILITY 17
OF A CHILD FOR RELEA SE BEFORE A HEARING ; AND 18
2. HAS BEEN INDEPENDENTL Y VALIDATED AT LEAST 19
ONCE IN THE PRECEDIN G 5 YEARS. 20
(II) THE COURT OR AN INTAK E OFFICER SHALL CONS IDER THE 21
RESULTS OF A RISK SC ORING INSTRUMENT BEFORE PLACING A CHI LD IN 22
DETENTION. 23
(3) A CHILD ALLEGED TO HAV E COMMITTED A DELINQ UENT ACT MAY 24
NOT BE PLACED IN DET ENTION BEFORE A HEAR ING IF THE MOST SERI OUS OFFENSE 25
WOULD BE A MISDEMEAN OR IF COMMITTED BY A N ADULT, UNLESS: 26
(I) THE ACT INVOLVED A H ANDGUN AND WOULD BE A 27
VIOLATION UNDER THE CRIMINAL LAW ARTICLE OR THE PUBLIC SAFETY ARTICLE 28
IF COMMITTED BY AN A DULT; OR 29
HOUSE BILL 459 9
(II) THE CHILD HAS BEEN AD JUDICATED DELINQUENT AT 1
LEAST TWICE IN THE P RECEDING 12 MONTHS. 2
[(e) Notwithstanding any other provision of this section, detention may not be 3
continued beyond emergency detention for a child under the age of 12 years unless: 4
(1) The child is alleged to have committed an act that, if committed by an 5
adult, would be a crime of violence as defined under § 14–101 of the Criminal Law Article; 6
or 7
(2) The child is likely to leave the jurisdiction of the court.] 8
[(f)] (E) (1) Detention or community detention may not be continued beyond 9
emergency detention or community detention unless, upon an order of court after a hearing, 10
the court has found that one or more of the circumstances stated in subsection (b) of this 11
section exist. 12
(2) A court order under this paragraph shall: 13
(i) Contain a written determination of whether or not the criteria 14
contained in subsection (c)(1) and (2) of this section have been met; and 15
(ii) Specify which of the circumstances stated in subsection (b) of this 16
section exist. 17
(3) (i) If the court has not specifically prohibited community detention, 18
the Department of Juvenile Services may release the child from detention into community 19
detention and place the child in: 20
1. Shelter care; or 21
2. The custody of the child’s parent, guardian, custodian, or 22
other person able to provide supervision and care for the child and to return the child to 23
court when required. 24
(ii) If a child who has been released by the Department of Juvenile 25
Services or the court into community detention violates the conditions of community 26
detention, and it is necessary to protect the child or others, an intake officer may authorize 27
the detention of the child. 28
(iii) The Department of Juvenile Services shall promptly notify the 29
court of: 30
1. The release of a child from detention under subparagraph 31
(i) of this paragraph; or 32
10 HOUSE BILL 459
2. The return to detention of a child under subparagraph (ii) 1
of this paragraph. 2
(iv) 1. If a child is returned to detention under subparagraph (ii) 3
of this paragraph, the intake officer who authorized detention shall immediately file a 4
petition to authorize continued detention. 5
2. A hearing on the petition to authorize continued detention 6
shall be held no later than the next court day, unless extended for no more than 5 days by 7
the court on good cause shown. 8
3. Reasonable notice, oral or written, stating the time, place, 9
and purpose of the hearing, shall be given to the child and, if they can be located, the child’s 10
parents, guardian, or custodian. 11
[(g)] (F) (1) Shelter care may only be continued beyond emergency shelter 12
care if the court has found that: 13
(i) Continuation of the child in the child’s home is contrary to the 14
welfare of the child; and 15
(ii) 1. Removal of the child from the child’s home is necessary 16
due to an alleged emergency situation and in order to provide for the safety of the child; or 17
2. Reasonable but unsuccessful efforts were made to prevent 18
or eliminate the need for removal of the child from the home. 19
(2) (i) If the court continues shelter care on the basis of an alleged 20
emergency, the court shall assess whether the absence of efforts to prevent removal was 21
reasonable. 22
(ii) If the court finds that the absence of efforts to prevent removal 23
was not reasonable, the court shall make a written determination so stating. 24
(3) The court shall make a determination as to whether reasonable efforts 25
are being made to make it possible to return the child to the child’s home or whether the 26
absence of such efforts is reasonable. 27
[(h)] (G) A child alleged to be delinquent may not be detained in a jail or other 28
facility for the detention of adults. 29
[(i)] (H) (1) A child alleged to be in need of supervision may not be placed in: 30
(i) Detention or community detention; 31
(ii) A State mental health facility; or 32
HOUSE BILL 459 11
(iii) A shelter care facility that is not operating in compliance with 1
applicable State licensing laws. 2
(2) Subject to paragraph (1)(iii) of this subsection, a child alleged to be in 3
need of supervision may be placed in shelter care facilities maintained or approved by the 4
Social Services Administration or the Department of Juvenile Services or in a private home 5
or shelter care facility approved by the court. 6
(3) The Secretary of Human Services and the Secretary of Juvenile 7
Services together, when appropriate, with the Secretary of Health shall jointly adopt 8
regulations to ensure that any child placed in shelter care pursuant to a petition filed under 9
subsection (d) of this section be provided appropriate services, including: 10
(i) Health care services; 11
(ii) Counseling services; 12
(iii) Education services; 13
(iv) Social work services; and 14
(v) Drug and alcohol abuse assessment or treatment services. 15
(4) In addition to any other provision, the regulations shall require: 16
(i) The Department of Juvenile Services to develop a plan within 45 17
days of placement of a child in a shelter care facility to assess the child’s treatment needs; 18
and 19
(ii) The plan to be submitted to all parties to the petition and their 20
counsel. 21
[(j)] (I) The intake officer or the official who authorized detention, community 22
detention, or shelter care under this subtitle shall immediately give written notice of the 23
authorization for detention, community detention, or shelter care to the child’s parent, 24
guardian, or custodian and to the court. The notice shall be accompanied by a statement of 25
the reasons for taking the child into custody and placing him in detention, community 26
detention, or shelter care. This notice may be combined with the notice required under 27
subsection (d) of this section. 28
[(k)] (J) (1) If a child is alleged to have committed a delinquent act, the court 29
or a juvenile intake officer shall consider including, as a condition of releasing the child 30
pending an adjudicatory or disposition hearing, reasonable protections for the safety of the 31
alleged victim. 32
(2) If a victim has requested reasonable protections for safety, the court or 33
juvenile intake officer shall consider including, as a condition of releasing the child pending 34 12 HOUSE BILL 459
an adjudicatory or disposition hearing, provisions regarding no contact with the alleged 1
victim or the alleged victim’s premises or place of employment. 2
[(l)] (K) If a child remains in a facility used for detention [for the specific act for 3
which the child has been adjudicated delinquent for more than 25 days after the court has 4
made a disposition on a petition under § 3–8A–19 of this subtitle], the Department of 5
Juvenile Services shall: 6
(1) [On the first available court date after the 25th day that the child 7
remains in a facility used for detention,] WITHIN 14 DAYS AFTER T HE CHILD’S INITIAL 8
DETENTION, appear at a hearing before the court with the child to explain the reasons for 9
continued detention; and 10
(2) Every [25] 14 days thereafter, appear at another hearing before the 11
court with the child to explain the reasons for continued detention. 12
(L) WITHIN 10 DAYS AFTER A DECISIO N TO DETAIN A CHILD UNDER THIS 13
SUBTITLE IN A FACILI TY USED FOR DETENTIO N, THE DEPARTMENT OF JUVENILE 14
SERVICES SHALL SUBMIT A PLAN TO THE COURT FOR RELEASING THE CH ILD INTO 15
THE COMMUNITY . 16
3–8A–19. 17
(d) (1) In making a disposition on a petition under this subtitle, the court may: 18
(i) [Place] SUBJECT TO § 3–8A–19.6 OF THIS SUBTITLE , PLACE 19
the child on probation or under supervision in his own home or in the custody or under the 20
guardianship of a relative or other fit person, upon terms the court deems appropriate, 21
including community detention; 22
(3) (i) [Except as provided in subparagraph (ii) or (iii) of this 23
paragraph, a] A child may not be committed to the Department of Juvenile Services for 24
out–of–home placement if the most serious offense is: 25
1. Possession of marijuana under § 5–601(c)(2)(ii) of the 26
Criminal Law Article; 27
2. [Possession or purchase of a noncontrolled substance 28
under § 5–618 of the Criminal Law Article; 29
3. Disturbing the peace or disorderly conduct under § 10–201 30
of the Criminal Law Article; 31
4. Malicious destruction of property under § 6–301 of the 32
Criminal Law Article; 33
HOUSE BILL 459 13
5. An offense involving inhalants under § 5–708 of the 1
Criminal Law Article; 2
6. An offense involving prostitution under § 11–303, § 3
11–306, or § 11–307 of the Criminal Law Article; 4
7. Theft under § 7–104(g)(2) or (3) of the Criminal Law 5
Article; or 6
8. Trespass under § 6–402(b)(1) or § 6–403(c)(1) of the 7
Criminal Law Article] AN OFFENSE THAT WOULD BE A MISDEMEANOR IF COMMITTED 8
BY AN ADULT, UNLESS: 9
A. THE OFFENSE INVOLVES A FIREARM; AND 10
B. THE CHILD HAS BEEN AD JUDICATED DELINQUENT ON 11
A PRIOR OCCASION FOR AN OFFENSE INVOLVING A FIREARM; OR 12
3. A TECHNICAL V IOLATION, AS DEFINED IN § 3–8A–19.7 13
OF THIS SUBTITLE . 14
[(ii) A child whose most serious offense is an offense listed in 15
subparagraph (i) of this paragraph may be committed to the Department of Juvenile 16
Services for out–of–home placement if: 17
1. The child previously has been adjudicated delinquent for 18
three or more offenses arising from separate and independent circumstances; 19
2. The child waives the prohibition described in 20
subparagraph (i) of this paragraph and the court accepts the waiver as knowing, intelligent, 21
and voluntary; or 22
3. The court makes a written finding in accordance with 23
subparagraph (iii) of this paragraph. 24
(iii) A child whose most serious offense is an offense listed in 25
subparagraph (i) of this paragraph may be committed to the Department of Juvenile 26
Services for out–of–home placement if the court makes a written finding, including the 27
specific facts supporting the finding, that an out–of–home placement is necessary for the 28
welfare of the child or in the interest of public safety.] 29
[(iv)] (II) This paragraph may not be construed to prohibit the court 30
from committing the child to another appropriate agency. 31
3–8A–19.6. 32
14 HOUSE BILL 459
(A) THE COURT MAY NOT PLA CE A CHILD ON PROBAT ION FOR A TERM 1
EXCEEDING THAT PROVI DED IN THIS SECT ION. 2
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , IF 3
THE MOST SERIOUS OFF ENSE COMMITTED BY A CHILD WOULD BE A MIS DEMEANOR 4
IF COMMITTED BY AN A DULT, THE COURT MAY PLACE THE CHILD ON PROBATI ON 5
FOR A PERIOD NOT EXC EEDING 6 MONTHS. 6
(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE COURT 7
MAY, AFTER A HEARING , EXTEND THE PROBATION BY PERIODS NOT EXCEE DING 3 8
MONTHS IF THE COURT FINDS THAT: 9
(I) THERE IS GOOD CAUSE T O EXTEND THE PROBATI ON; AND 10
(II) THE PURPOSE OF EXTEND ING THE PROBATION IS TO 11
ENSURE THAT THE CHIL D COMPLETES A TREATM ENT OR REHABILITATIV E 12
PROGRAM OR SERVICE . 13
(3) THE TOTAL PERIOD OF T HE PROBATION , INCLUDING EXTENSIONS 14
OF THE PROBATION , MAY NOT EXCEED 1 YEAR. 15
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION 16
AND SUBSECTION (D) OF THIS SECTION, IF THE MOST SERIOUS OFFENSE COMMITTED 17
BY A CHILD WOULD BE A FELONY IF COMMITTE D BY AN ADULT , THE COURT MAY 18
PLACE THE CHILD ON P ROBATION FOR A PERIO D NOT EXCEEDING 1 YEAR. 19
(2) (I) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE 20
COURT MAY , AFTER A HEARING , EXTEND THE PROBATION BY PERIODS NOT 21
EXCEEDING 3 MONTHS IF THE COURT FINDS THAT: 22
1. THERE IS GOOD CAUSE T O EXTEND THE PROBATI ON; 23
AND 24
2. THE PURPOSE OF EXTEND ING THE PROBATION IS TO 25
ENSURE THAT THE CHILD COMPLETES A TREATMENT OR REHAB ILITATIVE 26
PROGRAM OR SERVICE . 27
(II) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS 28
SUBSECTION, IF THE PROBATION IS EXTENDED UNDER THIS PARAGRAPH , THE 29
TOTAL PERIOD OF THE PROBATION MAY NOT EX CEED 2 YEARS. 30
(3) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 31
COURT MAY EXTEND THE PERIOD OF THE PROBAT ION FOR A PERIOD OF TIME 32
GREATER THAN THE PER IOD DESCRIBED IN PAR AGRAPH (2)(II) OF THIS 33 HOUSE BILL 459 15
SUBSECTION IF, AFTER A HEARING , THE COURT FINDS BY C LEAR AND CONVINCING 1
EVIDENCE THAT: 2
1. THERE IS GOOD CAUSE T O EXTEND THE PROBATI ON; 3
AND 4
2. EXTENDING THE PROBATI ON IS IN THE BEST 5
INTEREST OF THE CHIL D. 6
(II) IF THE PROBATION IS E XTENDED UNDER THIS P ARAGRAPH, 7
THE TOTAL PERIOD OF PROBATION, INCLUDING EXTENSIONS UNDER PARAGRAPH 8
(2) OF THIS SUBSECTION , MAY NOT EXCEED 3 YEARS. 9
(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , IF 10
THE MOST SERIOUS OFF ENSE COMMITTED BY A CHILD WOULD BE A CRI ME THAT, IF 11
COMMITTED BY AN ADUL T, WOULD BE PUNISHABLE BY LIFE IMPRISONMENT, THE 12
COURT MAY PLACE THE CHILD ON PROBATION F OR A PERIOD NOT EXCE EDING 2 13
YEARS. 14
(2) THE COURT MAY , AFTER A HEARING , EXTEND THE PROBATION BY 15
PERIODS NOT EXCEEDIN G 3 MONTHS IF THE COURT FINDS THAT: 16
(I) THERE IS GOOD CAUSE T O EXTEND THE PROBA TION; AND 17
(II) THE PURPOSE OF EXTEND ING THE PROBATION IS TO 18
ENSURE THAT THE CHIL D COMPLETES A TREATM ENT OR REHABILITATIV E 19
PROGRAM OR SERVICE . 20
3–8A–19.7. 21
(A) IN THIS SECTION , “TECHNICAL VIOLATION ” MEANS A VIOLATION OF 22
PROBATION THAT DOES NOT INVOLVE: 23
(1) AN ARREST OR A SUMMON S ISSUED BY A COMMIS SIONER ON A 24
STATEMENT OF CHARGES FILED BY A LAW ENFOR CEMENT OFFICER ; 25
(2) A VIOLATION OF A CRIMI NAL PROHIBITION , OR AN ACT THAT 26
WOULD BE A VIOLATION OF A CRIMINAL PROHIB ITION IF COMMITTED B Y AN ADULT, 27
OTHER THAN A MINOR T RAFFIC OFFENSE ; 28
(3) A VIOLATION OF A NO –CONTACT OR STAY –AWAY ORDER ; OR 29
(4) ABSCONDING. 30
16 HOUSE BILL 459
(B) A CHILD MAY NOT BE PLA CED IN A FACILITY US ED FOR DETENTION FOR 1
A TECHNICAL VIOLATIO N. 2
3–8A–27. 3
(a) (2) This subsection does not prohibit: 4
(iv) A law enforcement agency of the State or of a political subdivision 5
of the State, when necessary and for the sole purposes of facilitating apprehension of a child 6
and ensuring public safety, from releasing to the public photographs and identifying 7
information of a child who: 8
1. Has escaped from: 9
A. A detention center for juveniles; 10
B. A secure residential facility for juveniles; or 11
C. A correctional unit as defined in § 2–401 of the 12
Correctional Services Article; 13
2. Is a missing child as defined in § 9–401 of the Family Law 14
Article; or 15
3. The court does not have jurisdiction over pursuant to [§ 16
3–8A–03(d)(1), (4), or (5)] § 3–8A–03(E)(1), (4), OR (5) of this subtitle and who is subject 17
to: 18
A. Arrest; or 19
B. An arrest warrant issued by a criminal court. 20
Article – Criminal Procedure 21
4–202. 22
(b) Except as provided in subsection (c) of this section, a court exercising criminal 23
jurisdiction in a case involving a child may transfer the case to the juvenile court before 24
trial or before a plea is entered under Maryland Rule 4–242 if: 25
(1) the accused child was at least 14 but not 18 years of age when the 26
alleged crime was committed; 27
(2) the alleged crime is excluded from the jurisdiction of the juvenile court 28
under [§ 3–8A–03(d)(1), (4), or (5)] § 3–8A–03(E)(1), (4), OR (5) of the Courts Article; and 29
HOUSE BILL 459 17
(3) the court determines by a preponderance of the evidence that a transfer 1
of its jurisdiction is in the interest of the child or society. 2
(c) The court may not transfer a case to the juvenile court under subsection (b) of 3
this section if: 4
(1) the child was convicted in an unrelated case excluded from the 5
jurisdiction of the juvenile court under [§ 3–8A–03(d)(1) or (4)] § 3–8A–03(E)(1) OR (4) of 6
the Courts Article; or 7
(2) the alleged crime is murder in the first degree and the accused child 8
was 16 or 17 years of age when the alleged crime was committed. 9
(i) (1) The provisions of § 3–8A–27 of the Courts Article relating to 10
confidentiality of records apply to all police records and court records concerning the child 11
excluded from the jurisdiction of the juvenile court under [§ 3–8A–03(d)(1), (4), or (5)] § 12
3–8A–03(E)(1), (4), OR (5) of the Courts Article from the time of the child’s arrest until: 13
(i) the time for filing of a motion to transfer to juvenile court under 14
the Maryland Rules has expired and no such motion has been filed; or 15
(ii) a motion to transfer to juvenile court has been denied. 16
4–202.2. 17
(a) At sentencing, a court exercising criminal jurisdiction in a case involving a 18
child shall determine whether to transfer jurisdiction to the juvenile court if: 19
(1) as a result of trial or a plea entered under Maryland Rule 4–242, all 20
charges that excluded jurisdiction from the juvenile court under [§ 3–8A–03(d)(1) or (4)] § 21
3–8A–03(E)(1) OR (4) of the Courts Article do not result in a finding of guilty; and 22
(2) (i) pretrial transfer was prohibited under § 4–202(c)(2) of this 23
subtitle; or 24
(ii) the court did not transfer jurisdiction after a hearing under § 25
4–202(b) of this subtitle. 26
10–215. 27
(a) The following events are reportable events under this subtitle that must be 28
reported to the Central Repository in accordance with § 10–214 of this subtitle: 29
(20) an adjudication of a child as delinquent: 30
18 HOUSE BILL 459
(i) if the child is at least 14 years old, for an act described in [§ 1
3–8A–03(d)(1)] § 3–8A–03(E)(1) of the Courts Article; or 2
(ii) if the child is at least 16 years old, for an act described in [§ 3
3–8A–03(d)(4) or (5)] § 3–8A–03(E)(4) OR (5) of the Courts Article; 4
10–216. 5
(d) (1) This subsection only applies to an adjudication of delinquency of a child: 6
(i) for an act described in [§ 3–8A–03(d)(1)] § 3–8A–03(E)(1) of the 7
Courts Article if the child is at least 14 years old; or 8
(ii) for an act described in [§ 3–8A–03(d)(4) or (5)] § 3–8A–03(E)(4) 9
OR (5) of the Courts Article if the child is at least 16 years old. 10
Article – Education 11
7–303. 12
(a) (6) “Reportable offense” means: 13
(ii) Any of the offenses enumerated in [§ 3–8A–03(d)(4)] § 14
3–8A–03(E)(4) of the Courts Article; 15
Article – Public Safety 16
3–530. 17
(A) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND 18
VICTIM SERVICES SHALL REQUES T AND ANALYZE DATA R ELATING TO JUVENILES 19
WHO ARE CHARGED , CONVICTED, AND SENTENCED AS ADU LTS IN THE STATE, 20
INCLUDING DATA FROM : 21
(1) LAW ENFORCEMENT AGEN CIES IN THE STATE; 22
(2) THE ADMINISTRATIVE OFFICE OF THE COURTS; 23
(3) LOCAL CORRECTIONAL F ACILITIES IN THE STATE; AND 24
(4) THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL 25
SERVICES. 26
(B) THE INFORMATION COLLE CTED AND ANALYZED UN DER SUBSECTION (A) 27
OF THIS SECTION SHALL INCLUD E: 28 HOUSE BILL 459 19
(1) THE NUMBER OF JUVENI LES CHARGED , CONVICTED, AND 1
SENTENCED AS ADULTS ; 2
(2) THE OUTCOMES OF CASE S INVOLVING JUVENILE S CHARGED AS 3
ADULTS, INCLUDING WHETHER TH E CASE RESULTED IN C ONVICTION, DISMISSAL, OR 4
TRANSFER TO THE JUVE NILE COURT UNDER § 4–202, § 4–202.1, OR § 4–202.2 OF THE 5
CRIMINAL PROCEDURE ARTICLE; 6
(3) THE NUMBER OF JUV ENILES HOUSED IN EAC H STATE 7
CORRECTIONAL FACILIT Y AND LOCAL CORRECTI ONAL FACILITY; AND 8
(4) THE LENGTH OF SENTEN CE FOR EACH JUVENILE SENTENCED AS 9
AN ADULT IN THE STATE. 10
(C) ON OR BEFORE DECEMBER 31, 2023, AND ON OR BEFORE DECEMBER 11
31 EACH YEAR THEREAFTER , THE GOVERNOR’S OFFICE OF CRIME PREVENTION, 12
YOUTH, AND VICTIM SERVICES SHALL REPORT ITS FINDINGS TO THE GOVERNOR 13
AND, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE 14
GENERAL ASSEMBLY. 15
Article – State Government 16
SUBTITLE 35. COMMISSION ON JUVENILE JUSTICE REFORM AND EMERGING AND 17
BEST PRACTICES. 18
9–3501. 19
IN THIS SUBTITLE , “COMMISSION” MEANS THE COMMISSION ON JUVENILE 20
JUSTICE REFORM AND EMERGING AND BEST PRACTICES. 21
9–3502. 22
(A) THERE IS A COMMISSION ON JUVENILE JUSTICE REFORM AND 23
EMERGING AND BEST PRACTICES. 24
(B) THE COMMISSION CONSISTS O F THE FOLLOWING MEMB ERS: 25
(1) TWO MEMBERS OF THE SENATE OF MARYLAND, APPOINTED BY 26
THE PRESIDENT OF THE SENATE; 27
(2) TWO MEMBERS OF THE HOUSE OF DELEGATES, APPOINTED BY 28
THE SPEAKER OF THE HOUSE; 29
20 HOUSE BILL 459
(3) THE SECRETARY OF JUVENILE SERVICES; 1
(4) THE SECRETARY OF HUMAN SERVICES; AND 2
(5) THE FOLLOWING MEMBER S, APPOINTED BY THE GOVERNOR: 3
(I) ONE REPRESENTATIVE O F AN INSTITUTE FOR P UBLIC 4
POLICY THAT SPECIALI ZES IN JUVENILE JUST ICE ISSUES IN THE STATE; 5
(II) ONE REPRESENTATIVE O F AN INSTITUTE OPERA TED BY THE 6
UNIVERSITY OF MARYLAND SPECIALIZING IN PROVIDING EVIDENC E–BASED AND 7
CULTURALLY COMPETENT SERVICES FOR JUVENIL ES; AND 8
(III) THREE REPRESENTATIVE S WITH RELEVANT EDUC ATION 9
AND EXPERIENCE. 10
(C) THE GOVERNOR SHALL DESIGN ATE THE CHAIR OF THE COMMISSION. 11
(D) THE DEPARTMENT OF JUVENILE SERVICES AND THE DEPARTMENT OF 12
HUMAN SERVICES SHALL PROVID E STAFF FOR THE COMMISSION. 13
(E) A MEMBER OF THE COMMISSION: 14
(1) MAY NOT RECEIVE COMP ENSATION AS A MEMBER O F THE 15
COMMISSION; BUT 16
(2) IS ENTITLED TO REIMB URSEMENT FOR EXPENSE S UNDER THE 17
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 18
(F) THE COMMISSION SHALL : 19
(1) RESEARCH CULTURALLY COMPETENT , EVIDENCE–BASED, 20
RESEARCH–BASED, AND PROMISING PRACTI CES RELATING TO : 21
(I) CHILD WELFARE ; 22
(II) JUVENILE REHABILITAT ION; 23
(III) MENTAL HEALTH SERVIC ES FOR CHILDREN ; AND 24
(IV) PREVENTION AND INTER VENTION SERVICES FOR 25
JUVENILES; 26
(2) EVALUATE THE COST –EFFECTIVENESS OF PRA CTICES 27
RESEARCHED BY THE COMMISSION; 28 HOUSE BILL 459 21
(3) IDENTIFY MEANS OF EV ALUATING THE EFFECTI VENESS OF 1
PRACTICES RESEARCHED BY THE COMMISSION; AND 2
(4) GIVING SPECIAL ATTEN TION TO ORGANIZATION S LOCATED IN OR 3
SERVING HISTORIC ALLY UNDERSERVED COM MUNITIES, IDENTIFY STRATEGIES TO 4
ENABLE COMMUNITY –BASED ORGANIZATIONS THAT PROVIDE SERVICE S FOR 5
JUVENILES TO EVALUAT E AND VALIDATE SERVI CES AND PROGRAMMING PROVIDED 6
BY THOSE ORGANIZATIO NS. 7
(G) ON OR BEFORE DECEMBER 31, 2023, AND ON OR BEFORE DECEMBER 8
31 EACH YEAR THEREAFTER , THE COMMISSION SHALL REPO RT ITS FINDINGS TO 9
THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THIS ARTICLE , THE 10
GENERAL ASSEMBLY. 11
SECTION 2. AND BE IT FURTHER ENACTED, That, on or before April 15, 202 3, 12
the Department of Juvenile Services shall report to the General Assembly, in accordance 13
with § 2–1257 of the State Government Article, on: 14
(1) plans to publish an annual report by the Department of Juvenile 15
Services, in consultation with the Maryland Department of Health, on the length of stay 16
for juveniles in secure facilities while undergoing competency evaluations and receiving 17
services; 18
(2) plans for the inclusion of information and data relating to use of a risk 19
assessment tool in the Department of Juvenile Services’ Data Resource Guide; 20
(3) the use of community detention for juveniles in the care and custody of 21
the Department of Juvenile Services; 22
(4) the Department of Juvenile Services’ development of forms for 23
community detention that do not include information relating to house arrests; 24
(5) the effect of a requirement that the Department of Juvenile Services 25
provide a robust continuum of community –based alternatives to detention in all 26
jurisdictions of the State and recommendations for establishing the requirement; 27
(6) access to mental health services for all juveniles served by the 28
Department of Juvenile Services; 29
(7) the feasibility of and any plans for providing quality, evidence–based 30
programming for juveniles detained in secure juvenile facilities, including educational 31
programming, structured weekend activities, and activities involving family members of 32
detained juveniles; 33
22 HOUSE BILL 459
(8) the use of community detention, including electronic monitoring, for 1
juveniles placed on probation; 2
(9) plans to increase the number of shelter beds available in juvenile 3
facilities, particularly beds for girls; 4
(10) plans to track and report data on the number of days juveniles ordered 5
to shelter care placements remain in secure juvenile facilities; 6
(11) minimum training standards for staff at juvenile facilities; 7
(12) surveillance systems at juvenile facilities, including whether all 8
juvenile facilities are equipped with functioning surveillance cameras capable of monitoring 9
all areas of juvenile facilities; 10
(13) minimum standards for facilitating family engagement for juveniles at 11
juvenile facilities, including standards for facilitating daily contact between juveniles and 12
their family members; 13
(14) standards for attorneys to access their clients within all juvenile 14
facilities in the State; 15
(15) plans to adopt cognitive behavioral therapy training and restorative 16
justice training for staff at all juvenile facilities in the State; and 17
(16) plans to transition from the current slate of secure juvenile facilities to 18
ensure access to both nonresidential and residential facilities that use culturally 19
competent, evidence–based programming in all jurisdictions of the State. 20
SECTION 3. AND BE IT FURTHER ENACTED, That, on or before December 31, 21
2023, the Governor’s Office of Crime Prevention, Youth, and Victim Services shall: 22
(1) (i) develop a model policy for diversion of juveniles from the juvenile 23
justice system and criminal justice system; 24
(ii) identify funding opportunities to support diversion programs for 25
juveniles in the State, including local programs; and 26
(iii) collect and evaluate data related to the implementation and 27
effectiveness of diversion programs for juveniles in the State; and 28
(2) report its findings to the General Assembly, in accordance with § 29
2–1257 of the State Government Article. 30
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect June 31
1, 2022. 32
HOUSE BILL 459 23