EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0459*
HOUSE BILL 459
E3 2lr1704
By: Delegate Clippinger
Introduced and read first time: January 20, 2022
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: February 23, 2022
CHAPTER ______
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 2 HOUSE BILL 459
(2020 Replacement Volume and 2021 Supplement) 1
BY repealing 2
Article – Courts and Judicial Proceedings 3
Section 3–8A–15(e) 4
Annotated Code of Maryland 5
(2020 Replacement Volume and 2021 Supplement) 6
BY repealing and reenacting, with amendments, 7
Article – Criminal Procedure 8
Section 4–202(b), (c), and (i)(1), 4–202.2(a), 10–215(a)(20), and 10–216(d)(1) 9
Annotated Code of Maryland 10
(2018 Replacement Volume and 2021 Supplement) 11
BY repealing and reenacting, with amendments, 12
Article – Education 13
Section 7–303(a)(6)(ii) 14
Annotated Code of Maryland 15
(2018 Replacement Volume and 2021 Supplement) 16
BY adding to 17
Article – Public Safety 18
Section 3–530 19
Annotated Code of Maryland 20
(2018 Replacement Volume and 2021 Supplement) 21
BY adding to 22
Article – State Government 23
Section 9–3501 and 9–3502 to be under the new subtitle “Subtitle 35. Commission 24
on Juvenile Justice Reform and Emerging and Best Practices” 25
Annotated Code of Maryland 26
(2021 Replacement Volume) 27
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 28
That the Laws of Maryland read as follows: 29
Article – Courts and Judicial Proceedings 30
3–8A–03. 31
(a) EXCEPT AS OTHERWISE P ROVIDED IN THIS SECT ION, A CHILD UNDER 32
THE AGE OF 13 YEARS: 33
(1) IS NOT SUBJECT TO THE J URISDICTION OF THE C OURT UNDER 34
THIS SUBTITLE; AND 35
(2) MAY NOT BE CHARGED WI TH A CRIME. 36 HOUSE BILL 459 3
(B) In addition to the jurisdiction specified in Subtitle 8 of this title, the court has 1
exclusive original jurisdiction over: 2
(1) A child who is [alleged] AT LEAST 13 YEARS OLD: 3
(I) ALLEGED to be delinquent or in need of supervision; or [who] 4
(II) WHO has received a citation for a violation; 5
(2) EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION , A 6
CHILD WHO IS AT LEAS T 10 YEARS OLD ALLEGED TO HAVE DONE AN ACT: 7
(I) THAT, IF COMMITTED BY AN A DULT, WOULD CONSTITUTE : 8
1. A CRIME PUNISHABLE BY LIFE IMPRISONMENT ; 9
2. FIRST DEGREE CHILD AB USE UNDER § 3–601 OF THE 10
CRIMINAL LAW ARTICLE; 11
3. SEXUAL ABUSE OF A MIN OR UNDER § 3–602(B) OF THE 12
CRIMINAL LAW ARTICLE; 13
4. SECOND DEGREE MURDER UNDER § 2–204 OF THE 14
CRIMINAL LAW ARTICLE; 15
5. ARMED CARJACKING UNDE R § 3–405 OF THE 16
CRIMINAL LAW ARTICLE; 17
6. SECOND DEGREE RAPE UN DER § 3–304 OF THE 18
CRIMINAL LAW ARTICLE; 19
7. CONTINUING COURSE OF CONDUCT WITH A CHILD 20
UNDER § 3–315 OF THE CRIMINAL LAW ARTICLE; OR 21
8. THIRD DEGREE SEXUAL O FFENSE UNDER § 3–307 OF 22
THE CRIMINAL LAW ARTICLE; OR 23
(II) ARISING OUT OF THE SA ME INCIDENT AS AN AC T LISTED IN 24
ITEM (I)1 THROUGH 8 OF THIS ITEM; 25
(3) Except as provided in subsection [(d)(6)] (E)(6) of this section, a peace 26
order proceeding in which the respondent is a child; and 27
[(3)] (4) Proceedings arising under the Interstate Compact on Juveniles. 28 4 HOUSE BILL 459
[(b)] (C) The court has concurrent jurisdiction over proceedings against an adult 1
for the violation of § 3–8A–30 of this subtitle. However, the court may waive its jurisdiction 2
under this subsection upon its own motion or upon the motion of any party to the 3
proceeding, if charges against the adult arising from the same incident are pending in the 4
criminal court. Upon motion by either the State’s Attorney or the adult charged under § 5
3–8A–30 of this subtitle, the court shall waive its jurisdiction, and the adult shall be tried 6
in the criminal court according to the usual criminal procedure. 7
[(c)] (D) The jurisdiction of the court is concurrent with that of the District Court 8
in any criminal case arising under the compulsory public school attendance laws of this 9
State. 10
[(d)] (E) The court does not have jurisdiction over: 11
(1) A child at least 14 years old alleged to have done an act that, if 12
committed by an adult, would be a crime punishable by life imprisonment, as well as all 13
other charges against the child arising out of the same incident, unless an order removing 14
the proceeding to the court has been filed under § 4–202 of the Criminal Procedure Article; 15
(2) A child at least 16 years old alleged to have done an act in violation of 16
any provision of the Transportation Article or other traffic law or ordinance, except an act 17
that prescribes a penalty of incarceration; 18
(3) A child at least 16 years old alleged to have done an act in violation of 19
any provision of law, rule, or regulation governing the use or operation of a boat, except an 20
act that prescribes a penalty of incarceration; 21
(4) A child at least 16 years old alleged to have committed any of the 22
following crimes, as well as all other charges against the child arising out of the same 23
incident, unless an order removing the proceeding to the court has been filed under § 24
4–202 of the Criminal Procedure Article: 25
(i) Abduction; 26
(ii) Kidnapping; 27
(iii) Second degree murder; 28
(iv) Manslaughter, except involuntary manslaughter; 29
(v) Second degree rape; 30
(vi) Robbery under § 3–403 of the Criminal Law Article; 31
(vii) Third degree sexual offense under § 3–307(a)(1) of the Criminal 32
Law Article; 33 HOUSE BILL 459 5
(viii) A crime in violation of § 5–133, § 5–134, § 5–138, or § 5–203 of 1
the Public Safety Article; 2
(ix) Using, wearing, carrying, or transporting a firearm during and 3
in relation to a drug trafficking crime under § 5–621 of the Criminal Law Article; 4
(x) Use of a firearm under § 5–622 of the Criminal Law Article; 5
(xi) Carjacking or armed carjacking under § 3–405 of the Criminal 6
Law Article; 7
(xii) Assault in the first degree under § 3–202 of the Criminal Law 8
Article; 9
(xiii) Attempted murder in the second degree under § 2–206 of the 10
Criminal Law Article; 11
(xiv) Attempted rape in the second degree under § 3–310 of the 12
Criminal Law Article; 13
(xv) Attempted robbery under § 3–403 of the Criminal Law Article; or 14
(xvi) A violation of § 4–203, § 4–204, § 4–404, or § 4–405 of the 15
Criminal Law Article; 16
(5) A child who previously has been convicted as an adult of a felony and is 17
subsequently alleged to have committed an act that would be a felony if committed by an 18
adult, unless an order removing the proceeding to the court has been filed under § 4–202 of 19
the Criminal Procedure Article; or 20
(6) A peace order proceeding in which the victim, as defined in § 21
3–8A–01(cc)(1)(ii) of this subtitle, is a person eligible for relief, as defined in § 4–501 of the 22
Family Law Article. 23
[(e)] (F) If the child is charged with two or more violations of the Maryland 24
Vehicle Law, another traffic law or ordinance, or the State Boat Act, allegedly arising out 25
of the same incident and which would result in the child being brought before both the court 26
and a court exercising criminal jurisdiction, the court has exclusive jurisdiction over all of 27
the charges. 28
(a) In addition to the jurisdiction specified in Subtitle 8 of this title, the court has 29
exclusive original jurisdiction over: 30
(1) A child [who]: 31
(I) WHO is AT LEAST 13 YEARS OLD alleged to be delinquent; or 32 6 HOUSE BILL 459
(II) EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION, 1
WHO IS AT LEAST 10 YEARS OLD ALLEGED TO HAVE COMMITTED AN AC T: 2
1. THAT, IF COMMITTED BY AN A DULT, WOULD 3
CONSTITUTE: 4
A. A CRIME PUNISHABLE BY LIFE IMPRISONMENT ; 5
B. FIRST DEGREE CHILD AB USE UNDER § 3–601 OF THE 6
CRIMINAL LAW ARTICLE; 7
C. SEXUAL ABUSE OF A MIN OR UNDER § 3–602(B) OF THE 8
CRIMINAL LAW ARTICLE; 9
D. SECOND DEGREE MURDER UNDER § 2–204 OF THE 10
CRIMINAL LAW ARTICLE; 11
E. ARMED CARJACKING UNDE R § 3–405 OF THE 12
CRIMINAL LAW ARTICLE; 13
F. SECOND DEGREE RAPE UN DER § 3–304 OF THE 14
CRIMINAL LAW ARTICLE; 15
G. CONTINUING COURSE OF CONDUCT WITH A CHILD 16
UNDER § 3–315 OF THE CRIMINAL LAW ARTICLE; OR 17
H. THIRD DEGREE SEXUAL O FFENSE UNDER § 3–307 OF 18
THE CRIMINAL LAW ARTICLE; OR 19
2. ARISING OUT OF THE SA ME INCIDENT AS AN AC T 20
LISTED IN ITEM 1 OF THIS ITEM; 21
(2) A CHILD WHO IS in need of supervision; [or] 22
(3) A CHILD who has received a citation for a violation; 23
[(2)] (4) Except as provided in subsection (d)(6) of this section, a peace 24
order proceeding in which the respondent is a child; and 25
[(3)] (5) Proceedings arising under the Interstate Compact on Juveniles. 26
(b) The court has concurrent jurisdiction over proceedings against an adult for 27
the violation of § 3–8A–30 of this subtitle. However, the court may waive its jurisdiction 28
under this subsection upon its own motion or upon the motion of any party to the 29 HOUSE BILL 459 7
proceeding, if charges against the adult arising from the same incident are pending in the 1
criminal court. Upon motion by either the State’s Attorney or the adult charged under § 2
3–8A–30 of this subtitle, the court shall waive its jurisdiction, and the adult shall be tried 3
in the criminal court according to the usual criminal procedure. 4
(c) The jurisdiction of the court is concurrent with that of the District Court in 5
any criminal case arising under the compulsory public school attendance laws of this State. 6
(d) 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
8 HOUSE BILL 459
(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; OR 21
(7) EXCEPT AS PROVIDED IN SUBSECTION (A)(1)(II) OF THIS SECTION, 22
A DELINQUENCY PROCEE DING AGAINST A CHILD WHO IS UNDER THE AGE OF 13 23
YEARS. 24
(e) If the child is charged with two or more violations of the Maryland Vehicle 25
Law, another traffic law or ordinance, or the State Boat Act, allegedly arising out of the 26
same incident and which would result in the child being brought before both the court and 27
a court exercising criminal jurisdiction, the court has exclusive jurisdiction over all of the 28
charges. 29
(F) A CHILD UNDER THE AGE OF 13 YEARS MAY NOT BE CHA RGED WITH A 30
CRIME. 31
3–8A–10. 32
HOUSE BILL 459 9
(c) (4) (i) 1. [If] EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 2 1
OF THIS SUBPARAGRAPH , IF a complaint is filed that alleges the commission of an act 2
which would be a felony if committed by an adult or alleges a violation of § 4–203 or § 3
4–204 of the Criminal Law Article, and if the intake officer denies authorization to file a 4
petition or proposes an informal adjustment, the intake officer shall immediately: 5
[1.] A. Forward the complaint to the State’s Attorney; and 6
[2.] B. Forward a copy of the entire intake case file to the 7
State’s Attorney with information as to any and all prior intake involvement with the child. 8
2. FOR A COMPLAINT THAT ALLEGES THE COMMISSI ON 9
OF AN ACT THAT WOULD BE A FELONY IF COMMITTED BY AN ADULT, THE INTAKE 10
OFFICER IS NOT REQUI RED TO FORWARD THE C OMPLAINT AND COPY OF THE INTAKE 11
CASE FILE TO THE STATE’S ATTORNEY IF: 12
A. THE INTAKE OFFICER PR OPOSES THE MATTER FO R 13
INFORMAL ADJUSTMENT ; 14
B. THE ACT DID NOT INVOL VE THE INTENTIONAL 15
CAUSING OF, OR ATTEMPT TO CAUSE , THE DEATH OF OR PHYS ICAL INJURY TO 16
ANOTHER; AND 17
C. THE ACT WOULD NOT BE A CRIME OF VIOLENCE , AS 18
DEFINED UNDER § 14–101 OF THE CRIMINAL LAW ARTICLE, IF COMMITTED BY AN 19
ADULT. 20
(ii) The State’s Attorney shall make a preliminary review as to 21
whether the court has jurisdiction and whether judicial action is in the best interests of the 22
public or the child. The need for restitution may be considered as one factor in the public 23
interest. After the preliminary review the State’s Attorney shall, within 30 days of the 24
receipt of the complaint by the State’s Attorney, unless the court extends the time: 25
1. File a petition or a peace order request or both; 26
2. Refer the complaint to the Department of Juvenile 27
Services for informal disposition; or 28
3. Dismiss the complaint. 29
(iii) This subsection may not be construed or interpreted to limit the 30
authority of the State’s Attorney to seek a waiver under § 3–8A–06 of this subtitle. 31
(e) (1) (I) [The] SUBJECT TO SUBPARAGRA PH (II) OF THIS 32
PARAGRAPH , THE intake officer [may propose an informal adjustment of the matter if], 33 10 HOUSE BILL 459
based on the complaint and the inquiry, [the intake officer concludes] AND AFTER 1
CONCLUDING that the court has jurisdiction [but that], MAY PROPOSE AN INFOR MAL 2
ADJUSTMENT OF THE MA TTER IF THE INTAKE O FFICER CONCLUDES THA T an 3
informal adjustment, rather than judicial action, is in the best interests of the public and 4
the child. 5
(II) THE INTAKE OFFICER SH ALL PROPOSE AN INFOR MAL 6
ADJUSTMENT OF THE MATT ER IF: 7
1. THE CHILD WHO IS THE SUBJECT OF THE COMPL AINT 8
HAS NOT BEEN PREVIOU SLY: 9
A. ADJUDICATED DELINQUE NT; OR 10
B. REFERRED FOR AN INFO RMAL ADJUSTMENT ; 11
2. A. THE COMPLAINT ALLEGES THAT THE CHILD 12
COMMITTED AN ACT THA T WOULD BE A MISDEMEAN OR IF COMMITTED BY A N ADULT; 13
OR 14
B. IF THE COMPLAINT ALLE GES THAT THE CHILD 15
COMMITTED AN ACT THA T WOULD BE A FELONY IF COMMITTED BY AN A DULT, THE 16
ACT DID NOT INVOLVE THE INTENTIONAL CAUS ING OF, OR ATTEMPT TO CAUSE , THE 17
DEATH OF OR P HYSICAL INJURY TO AN OTHER AND WOULD NOT BE A CRIME OF 18
VIOLENCE, AS DEFINED UNDER § 14–101 OF THE CRIMINAL LAW ARTICLE, IF 19
COMMITTED BY AN ADUL T; AND 20
3. THE COMPLAINT DOES NO T ALLEGE AN ACT 21
INVOLVING THE USE OR POSSESSION OF A FIRE ARM. 22
(2) (I) [The] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 23
PARAGRAPH , THE intake officer shall propose an informal adjustment by informing the 24
victim, the child, and the child’s parent or guardian of the nature of the complaint, the 25
objectives of the adjustment process, and the conditions and procedures under which it will 26
be conducted. 27
(II) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBS ECTION, 28
THE INTAKE OFFICER M AY PROCEED WITH AN I NFORMAL ADJUSTMENT W ITHOUT 29
INFORMING THE VICTIM AS REQUIRED BY SUBPA RAGRAPH (I) OF THIS PARAGRAPH 30
IF THE INTAKE OFFICE R HAS MADE REASONABL E EFFORTS TO CONTACT THE VICTIM 31
FOR THE PURPOSE OF I NFORMING THE VICTIM UNDER SUBPARAGRAPH (I) OF THIS 32
PARAGRAPH . 33
HOUSE BILL 459 11
(3) The intake officer may not proceed with an informal adjustment unless 1
[the victim,] the child[,] and the child’s parent or guardian consent to the informal 2
adjustment procedure. 3
(N) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , AT ANY TIME 4
BEFORE AN ADJUDICATO RY HEARING, THE COURT MAY HOLD T HE PROCEEDINGS IN 5
ABEYANCE FOR INFORMA L ADJUSTMENT IF CONSEN TED TO BY: 6
(I) THE STATE’S ATTORNEY; 7
(II) THE CHILD WHO IS THE SUBJECT OF THE PETIT ION AND THE 8
CHILD’S COUNSEL; AND 9
(III) THE COURT. 10
(2) (I) IF THE CHILD SUCCESSF ULLY COMPLETES THE I NFORMAL 11
ADJUSTMENT , THE COURT SHALL D ISMISS THE DELINQUEN CY PETITION. 12
(II) IF THE CHILD DOES NOT SUCCESSFULLY COMPLET E THE 13
INFORMAL ADJUSTMENT , THE COURT SHALL RESU ME PROCEEDINGS UNDER THIS 14
SUBTITLE AGAINST THE CHILD. 15
3–8A–15. 16
(b) (1) [If] SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS SUBSECTION , 17
IF a child is taken into custody under this subtitle, the child may be placed in detention or 18
community detention prior to a hearing if: 19
[(1)] (I) Such action is required to protect the child or others; or 20
[(2)] (II) The child is likely to leave the jurisdiction of the court. 21
(2) (I) IN THIS PARAGRAPH , “RISK SCORING INSTRUM ENT” MEANS 22
A TOOL, A METRIC, AN ALGORITHM , OR SOFTWARE THAT : 23
1. IS USED TO ASSIST IN DETERMINING THE ELIG IBILITY 24
OF A CHILD FOR RELEASE BE FORE A HEARING ; AND 25
2. HAS BEEN INDEPENDENTL Y VALIDATED AT LEAST 26
ONCE IN THE PRECEDIN G 5 YEARS. 27
(II) THE COURT OR AN INTAK E OFFICER SHALL CONS IDER THE 28
RESULTS OF A RISK SC ORING INSTRUMENT BEF ORE PLACING A CHILD IN 29
DETENTION. 30
12 HOUSE BILL 459
(3) A CHILD ALLEGED TO HAV E COMMITTED A DELINQ UENT ACT MAY 1
NOT BE PLACED IN DET ENTION BEFORE A HEAR ING IF THE MOST SERI OUS OFFENSE 2
WOULD BE A MISDEMEAN OR IF COMMITTED BY A N ADULT, UNLESS: 3
(I) THE ACT INVOLVED A HA NDGUN AND WOULD BE A 4
VIOLATION UNDER T HE CRIMINAL LAW ARTICLE OR THE PUBLIC SAFETY ARTICLE 5
IF COMMITTED BY AN A DULT; OR 6
(II) THE CHILD HAS BEEN AD JUDICATED DELINQUENT AT 7
LEAST TWICE IN THE P RECEDING 12 MONTHS. 8
[(e) Notwithstanding any other provision of this section, detention may not be 9
continued beyond emergency detention for a child under the age of 12 years unless: 10
(1) The child is alleged to have committed an act that, if committed by an 11
adult, would be a crime of violence as defined under § 14–101 of the Criminal Law Article; 12
or 13
(2) The child is likely to leave the jurisdiction of the court.] 14
[(f)] (E) (1) Detention or community detention may not be continued beyond 15
emergency detention or community detention unless, upon an order of court after a hearing, 16
the court has found that one or more of the circumstances stated in subsection (b) of this 17
section exist. 18
(2) A court order under this paragraph shall: 19
(i) Contain a written determination of whether or not the criteria 20
contained in subsection (c)(1) and (2) of this section have been met; and 21
(ii) Specify which of the circumstances stated in subsection (b) of this 22
section exist. 23
(3) (i) If the court has not specifically prohibited community detention, 24
the Department of Juvenile Services may release the child from detention into community 25
detention and place the child in: 26
1. Shelter care; or 27
2. The custody of the child’s parent, guardian, custodian, or 28
other person able to provide supervision and care for the child and to return the child to 29
court when required. 30
(ii) If a child who has been released by the Department of Juvenile 31
Services or the court into community detention violates the conditions of community 32 HOUSE BILL 459 13
detention, and it is necessary to protect the child or others, an intake officer may authorize 1
the detention of the child. 2
(iii) The Department of Juvenile Services shall promptly notify the 3
court of: 4
1. The release of a child from detention under subparagraph 5
(i) of this paragraph; or 6
2. The return to detention of a child under subparagraph (ii) 7
of this paragraph. 8
(iv) 1. If a child is returned to detention under subparagraph (ii) 9
of this paragraph, the intake officer who authorized detention shall immediately file a 10
petition to authorize continued detention. 11
2. A hearing on the petition to authorize continued detention 12
shall be held no later than the next court day, unless extended for no more than 5 days by 13
the court on good cause shown. 14
3. Reasonable notice, oral or written, stating the time, place, 15
and purpose of the hearing, shall be given to the child and, if they can be located, the child’s 16
parents, guardian, or custodian. 17
[(g)] (F) (1) Shelter care may only be continued beyond emergency shelter 18
care if the court has found that: 19
(i) Continuation of the child in the child’s home is contrary to the 20
welfare of the child; and 21
(ii) 1. Removal of the child from the child’s home is necessary 22
due to an alleged emergency situation and in order to provide for the safety of the child; or 23
2. Reasonable but unsuccessful efforts were made to prevent 24
or eliminate the need for removal of the child from the home. 25
(2) (i) If the court continues shelter care on the basis of an alleged 26
emergency, the court shall assess whether the absence of efforts to prevent removal was 27
reasonable. 28
(ii) If the court finds that the absence of efforts to prevent removal 29
was not reasonable, the court shall make a written determination so stating. 30
(3) The court shall make a determination as to whether reasonable efforts 31
are being made to make it possible to return the child to the child’s home or whether the 32
absence of such efforts is reasonable. 33
14 HOUSE BILL 459
[(h)] (G) A child alleged to be delinquent may not be detained in a jail or other 1
facility for the detention of adults. 2
[(i)] (H) (1) A child alleged to be in need of supervision may not be placed in: 3
(i) Detention or community detention; 4
(ii) A State mental health facility; or 5
(iii) A shelter care facility that is not operating in compliance with 6
applicable State licensing laws. 7
(2) Subject to paragraph (1)(iii) of this subsection, a child alleged to be in 8
need of supervision may be placed in shelter care facilities maintained or approved by the 9
Social Services Administration or the Department of Juvenile Services or in a private home 10
or shelter care facility approved by the court. 11
(3) The Secretary of Human Services and the Secretary of Juvenile 12
Services together, when appropriate, with the Secretary of Health shall jointly adopt 13
regulations to ensure that any child placed in shelter care pursuant to a petition filed under 14
subsection (d) of this section be provided appropriate services, including: 15
(i) Health care services; 16
(ii) Counseling services; 17
(iii) Education services; 18
(iv) Social work services; and 19
(v) Drug and alcohol abuse assessment or treatment services. 20
(4) In addition to any other provision, the regulations shall require: 21
(i) The Department of Juvenile Services to develop a plan within 45 22
days of placement of a child in a shelter care facility to assess the child’s treatment needs; 23
and 24
(ii) The plan to be submitted to all parties to the petition and their 25
counsel. 26
[(j)] (I) The intake officer or the official who authorized detention, community 27
detention, or shelter care under this subtitle shall immediately give written notice of the 28
authorization for detention, community detention, or shelter care to the child’s parent, 29
guardian, or custodian and to the court. The notice shall be accompanied by a statement of 30
the reasons for taking the child into custody and placing him in detention, community 31 HOUSE BILL 459 15
detention, or shelter care. This notice may be combined with the notice required under 1
subsection (d) of this section. 2
[(k)] (J) (1) If a child is alleged to have committed a delinquent act, the court 3
or a juvenile intake officer shall consider including, as a condition of releasing the child 4
pending an adjudicatory or disposition hearing, reasonable protections for the safety of the 5
alleged victim. 6
(2) If a victim has requested reasonable protections for safety, the court or 7
juvenile intake officer shall consider including, as a condition of releasing the child pending 8
an adjudicatory or disposition hearing, provisions regarding no contact with the alleged 9
victim or the alleged victim’s premises or place of employment. 10
[(l)] (K) If a child remains in a facility used for detention [for the specific act for 11
which the child has been adjudicated delinquent for more than 25 days after the court has 12
made a disposition on a petition under § 3–8A–19 of this subtitle], the Department of 13
Juvenile Services shall: 14
(1) [On the first available court date after the 25th day that the child 15
remains in a facility used for detention,] WITHIN 14 DAYS AFTER THE CHILD ’S INITIAL 16
DETENTION, appear at a hearing before the court with the child to explain the reasons for 17
continued detention; and 18
(2) Every [25] 14 days thereafter, appear at another hearing before the 19
court with the child to explain the reasons for continued detention. 20
(L) WITHIN 10 DAYS AFTER A DECISIO N TO DETAIN A CHILD UNDER THIS 21
SUBTITLE IN A FACILI TY USED FOR DETENTIO N, THE DEPARTMENT OF JUVENILE 22
SERVICES SHALL SUBMIT A PLAN TO THE COURT FOR RELEASING THE CH ILD INTO 23
THE COMMUNITY . 24
3–8A–19. 25
(d) (1) In making a disposition on a petition under this subtitle, the court may: 26
(i) [Place] SUBJECT TO § 3–8A–19.6 OF THIS SUBTITLE , PLACE 27
the child on probation or under supervision in his own home or in the custody or under the 28
guardianship of a relative or other fit person, upon terms the court deems appropriate, 29
including community detention; 30
(3) (i) [Except as provided in subparagraph (ii) or (iii) of this 31
paragraph, a] A child may not be committed to the Department of Juvenile Services for 32
out–of–home placement if the most serious offense is: 33
1. Possession of marijuana under § 5–601(c)(2)(ii) of the 34
Criminal Law Article; 35 16 HOUSE BILL 459
2. [Possession or purchase of a noncontrolled substance 1
under § 5–618 of the Criminal Law Article; 2
3. Disturbing the peace or disorderly conduct under § 10–201 3
of the Criminal Law Article; 4
4. Malicious destruction of property under § 6–301 of the 5
Criminal Law Article; 6
5. An offense involving inhalants under § 5–708 of the 7
Criminal Law Article; 8
6. An offense involving prostitution under § 11–303, § 9
11–306, or § 11–307 of the Criminal Law Article; 10
7. Theft under § 7–104(g)(2) or (3) of the Criminal Law 11
Article; or 12
8. Trespass under § 6–402(b)(1) or § 6–403(c)(1) of the 13
Criminal Law Article] AN OFFENSE THAT WOULD BE A MISDEMEANOR IF COMMITTED 14
BY AN ADULT, UNLESS: 15
A. THE OFFENSE INVOLVES A FIREARM; AND 16
B. THE CHILD HAS B EEN ADJUDICATED DELI NQUENT ON 17
A PRIOR OCCASION FOR AN OFFENSE INVOLVING A FIREARM; OR 18
3. A TECHNICAL VIOLATION , AS DEFINED IN § 3–8A–19.7 19
OF THIS SUBTITLE . 20
[(ii) A child whose most serious offense is an offense listed in 21
subparagraph (i) of this paragraph may be committed to the Department of Juvenile 22
Services for out–of–home placement if: 23
1. The child previously has been adjudicated delinquent for 24
three or more offenses arising from separate and independent circumstances; 25
2. The child waives the prohibition described in 26
subparagraph (i) of this paragraph and the court accepts the waiver as knowing, intelligent, 27
and voluntary; or 28
3. The court makes a written finding in accordance with 29
subparagraph (iii) of this paragraph. 30
HOUSE BILL 459 17
(iii) A child whose most serious offense is an offense listed in 1
subparagraph (i) of this paragraph may be committed to the Department of Juvenile 2
Services for out–of–home placement if the court makes a written finding, including the 3
specific facts supporting the finding, that an out–of–home placement is necessary for the 4
welfare of the child or in the interest of public safety.] 5
[(iv)] (II) This paragraph may not be construed to prohibit the court 6
from committing the child to another appropriate agency. 7
3–8A–19.6. 8
(A) THE COURT MAY NOT PLA CE A CHILD ON PROBAT ION FOR A TERM 9
EXCEEDING THAT PROVI DED IN THIS SECTION . 10
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , IF 11
THE MOST SERIOUS OFF ENSE COMMITTED BY A CHILD WOULD BE A MIS DEMEANOR 12
IF COMMITTED BY AN ADULT , THE COURT MAY PLACE THE CHILD ON PROBATI ON 13
FOR A PERIOD NOT EXC EEDING 6 MONTHS. 14
(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE COURT 15
MAY, AFTER A HEARING , EXTEND THE PROBATION BY PERIODS NOT EXCEE DING 3 16
MONTHS IF THE COURT FINDS THAT: 17
(I) THERE IS GOOD CAUSE T O EXTEND THE PROBATI ON; AND 18
(II) THE PURPOSE OF EXTEND ING THE PROBATION IS TO 19
ENSURE THAT THE CHIL D COMPLETES A TREATM ENT OR REHABILITATIV E 20
PROGRAM OR SERVICE . 21
(3) THE TOTAL PERIOD OF T HE PROBATION , INCLUDING EX TENSIONS 22
OF THE PROBATION , MAY NOT EXCEED 1 YEAR. 23
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION 24
AND SUBSECTION (D) OF THIS SECTION, IF THE MOST SERIOUS OFFENSE COMMITTED 25
BY A CHILD WOULD BE A FELONY IF COMMITTE D BY AN ADULT , THE COURT M AY 26
PLACE THE CHILD ON P ROBATION FOR A PERIO D NOT EXCEEDING 1 YEAR. 27
(2) (I) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE 28
COURT MAY , AFTER A HEARING , EXTEND THE PROBATION BY PERIODS NOT 29
EXCEEDING 3 MONTHS IF THE COURT FINDS THAT: 30
1. THERE IS GOOD CAUSE T O EXTEND THE PROBATI ON; 31
AND 32
18 HOUSE BILL 459
2. THE PURPOSE OF EXTEND ING THE PROBATION IS TO 1
ENSURE THAT THE CHIL D COMPLETES A TREATM ENT OR REHABILITATIV E 2
PROGRAM OR SERVICE . 3
(II) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS 4
SUBSECTION, IF THE PROBATION IS EXTENDED UNDER THIS PARAGRAPH , THE 5
TOTAL PERIOD OF THE PROBATION MAY NOT EX CEED 2 YEARS. 6
(3) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 7
COURT MAY EXTEND THE PERIOD OF THE PROBATION FOR A PERIOD OF TIME 8
GREATER THAN THE PER IOD DESCRIBED IN PAR AGRAPH (2)(II) OF THIS 9
SUBSECTION IF, AFTER A HEARING , THE COURT FINDS BY C LEAR AND CONVINCING 10
EVIDENCE THAT : 11
1. THERE IS GOOD CAUSE T O EXTEND THE PROBATI ON; 12
AND 13
2. EXTENDING THE PROBATI ON IS IN THE BEST 14
INTEREST OF THE CHIL D. 15
(II) IF THE PROBATION IS E XTENDED UNDER THIS P ARAGRAPH, 16
THE TOTAL PERIOD OF PROBATION, INCLUDING EXTENSIONS UNDER PARAGRAPH 17
(2) OF THIS SUBSECTION , MAY NOT EXCEED 3 YEARS. 18
(D) (1) EXCEPT AS PROVIDED IN PARAGR APH (2) OF THIS SUBSECTION , IF 19
THE MOST SERIOUS OFF ENSE COMMITTED BY A CHILD WOULD BE A CRI ME THAT, IF 20
COMMITTED BY AN ADUL T, WOULD BE PUNISHABLE BY LIFE IMPRISONMENT , THE 21
COURT MAY PLACE THE CHILD ON PROBATION F OR A PERIOD NOT EXCE EDING 2 22
YEARS. 23
(2) THE COURT MAY , AFTER A HEARING , EXTEND THE PROBATION BY 24
PERIODS NOT EXCEEDIN G 3 MONTHS IF THE COURT FINDS THAT: 25
(I) THERE IS GOOD CAUSE T O EXTEND THE PROBATI ON; AND 26
(II) THE PURPOSE OF EXTEND ING THE PROBATION IS TO 27
ENSURE THAT TH E CHILD COMPLETES A TREATMENT OR REHABIL ITATIVE 28
PROGRAM OR SERVICE . 29
3–8A–19.7. 30
(A) IN THIS SECTION , “TECHNICAL VIOLATION ” MEANS A VIOLATION OF 31
PROBATION THAT DOES NOT INVOLVE: 32
HOUSE BILL 459 19
(1) AN ARREST OR A SUMMON S ISSUED BY A COMMIS SIONER ON A 1
STATEMENT OF CHARGES FILED BY A L AW ENFORCEMENT OFFIC ER; 2
(2) A VIOLATION OF A CRIMI NAL PROHIBITION , OR AN ACT THAT 3
WOULD BE A VIOLATION OF A CRIMINAL PROHIB ITION IF COMMITTED B Y AN ADULT, 4
OTHER THAN A MINOR T RAFFIC OFFENSE ; 5
(3) A VIOLATION OF A NO –CONTACT OR STAY –AWAY ORDER ; OR 6
(4) ABSCONDING. 7
(B) A CHILD MAY NOT BE PLA CED IN A FACILITY US ED FOR DETENTION FOR 8
A TECHNICAL VIOLATIO N. 9
3–8A–27. 10
(a) (2) This subsection does not prohibit: 11
(iv) A law enforcement agency of the State or of a political subdivision 12
of the State, when necessary and for the sole purposes of facilitating apprehension of a child 13
and ensuring public safety, from releasing to the public photographs and identifying 14
information of a child who: 15
1. Has escaped from: 16
A. A detention center for juveniles; 17
B. A secure residential facility for juveniles; or 18
C. A correctional unit as defined in § 2–401 of the 19
Correctional Services Article; 20
2. Is a missing child as defined in § 9–401 of the Family Law 21
Article; or 22
3. The court does not have jurisdiction over pursuant to [§ 23
3–8A–03(d)(1), (4), or (5)] § 3–8A–03(E)(1), (4), OR (5) of this subtitle and who is subject 24
to: 25
A. Arrest; or 26
B. An arrest warrant issued by a criminal court. 27
Article – Criminal Procedure 28
4–202. 29 20 HOUSE BILL 459
(b) Except as provided in subsection (c) of this section, a court exercising criminal 1
jurisdiction in a case involving a child may transfer the case to the juvenile court before 2
trial or before a plea is entered under Maryland Rule 4–242 if: 3
(1) the accused child was at least 14 but not 18 years of age when the 4
alleged crime was committed; 5
(2) the alleged crime is excluded from the jurisdiction of the juvenile court 6
under [§ 3–8A–03(d)(1), (4), or (5)] § 3–8A–03(E)(1), (4), OR (5) of the Courts Article; and 7
(3) the court determines by a preponderance of the evidence that a transfer 8
of its jurisdiction is in the interest of the child or society. 9
(c) The court may not transfer a case to the juvenile court under subsection (b) of 10
this section if: 11
(1) the child was convicted in an unrelated case excluded from the 12
jurisdiction of the juvenile court under [§ 3–8A–03(d)(1) or (4)] § 3–8A–03(E)(1) OR (4) of 13
the Courts Article; or 14
(2) the alleged crime is murder in the first degree and the accused child 15
was 16 or 17 years of age when the alleged crime was committed. 16
(i) (1) The provisions of § 3–8A–27 of the Courts Article relating to 17
confidentiality of records apply to all police records and court records concerning the child 18
excluded from the jurisdiction of the juvenile court under [§ 3–8A–03(d)(1), (4), or (5)] § 19
3–8A–03(E)(1), (4), OR (5) of the Courts Article from the time of the child’s arrest until: 20
(i) the time for filing of a motion to transfer to juvenile court under 21
the Maryland Rules has expired and no such motion has been filed; or 22
(ii) a motion to transfer to juvenile court has been denied. 23
4–202.2. 24
(a) At sentencing, a court exercising criminal jurisdiction in a case involving a 25
child shall determine whether to transfer jurisdiction to the juvenile court if: 26
(1) as a result of trial or a plea entered under Maryland Rule 4–242, all 27
charges that excluded jurisdiction from the juvenile court under [§ 3–8A–03(d)(1) or (4)] § 28
3–8A–03(E)(1) OR (4) of the Courts Article do not result in a finding of guilty; and 29
(2) (i) pretrial transfer was prohibited under § 4–202(c)(2) of this 30
subtitle; or 31
HOUSE BILL 459 21
(ii) the court did not transfer jurisdiction after a hearing under § 1
4–202(b) of this subtitle. 2
10–215. 3
(a) The following events are reportable events under this subtitle that must be 4
reported to the Central Repository in accordance with § 10–214 of this subtitle: 5
(20) an adjudication of a child as delinquent: 6
(i) if the child is at least 14 years old, for an act described in [§ 7
3–8A–03(d)(1)] § 3–8A–03(E)(1) of the Courts Article; or 8
(ii) if the child is at least 16 years old, for an act described in [§ 9
3–8A–03(d)(4) or (5)] § 3–8A–03(E)(4) OR (5) of the Courts Article; 10
10–216. 11
(d) (1) This subsection only applies to an adjudication of delinquency of a child: 12
(i) for an act described in [§ 3–8A–03(d)(1)] § 3–8A–03(E)(1) of the 13
Courts Article if the child is at least 14 years old; or 14
(ii) for an act described in [§ 3–8A–03(d)(4) or (5)] § 3–8A–03(E)(4) 15
OR (5) of the Courts Article if the child is at least 16 years old. 16
Article – Education 17
7–303. 18
(a) (6) “Reportable offense” means: 19
(ii) Any of the offenses enumerated in [§ 3–8A–03(d)(4)] § 20
3–8A–03(E)(4) of the Courts Article; 21
Article – Public Safety 22
3–530. 23
(A) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND 24
VICTIM SERVICES SHALL REQUES T AND ANALYZE DATA R ELATING TO JUVENILES 25
WHO ARE CHARGED , CONVICTED, AND SENTENCED AS ADU LTS IN THE STATE, 26
INCLUDING DATA FROM : 27
(1) LAW ENFORCEMENT AGEN CIES IN THE STATE; 28
22 HOUSE BILL 459
(2) THE ADMINISTRATIVE OFFICE OF THE COURTS; 1
(3) LOCAL CORRECTIONAL F ACILITIES IN THE STATE; AND 2
(4) THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL 3
SERVICES. 4
(B) THE INFORMATION COLLE CTED AND ANALYZED UNDER SUBSE CTION (A) 5
OF THIS SECTION SHAL L INCLUDE: 6
(1) THE NUMBER OF JUVENI LES CHARGED , CONVICTED, AND 7
SENTENCED AS ADULTS ; 8
(2) THE OUTCOMES OF CASE S INVOLVING JUVENILE S CHARGED AS 9
ADULTS, INCLUDING WHETHER TH E CASE RESULTED IN C ONVICTION, DISMISSAL, OR 10
TRANSFER TO THE JUVE NILE COURT UNDER § 4–202, § 4–202.1, OR § 4–202.2 OF THE 11
CRIMINAL PROCEDURE ARTICLE; 12
(3) THE NUMBER OF JUVENI LES HOUSED IN EACH STATE 13
CORRECTIONAL FACILIT Y AND LOCAL CORRECTI ONAL FACILITY; AND 14
(4) THE LENGTH OF SEN TENCE FOR EACH JUVEN ILE SENTENCED AS 15
AN ADULT IN THE STATE. 16
(C) ON OR BEFORE DECEMBER 31, 2023, AND ON OR BEFORE DECEMBER 17
31 EACH YEAR THEREAFTER , THE GOVERNOR’S OFFICE OF CRIME PREVENTION, 18
YOUTH, AND VICTIM SERVICES SHALL REPORT ITS FINDINGS TO THE GOVERNOR 19
AND, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE 20
GENERAL ASSEMBLY. 21
Article – State Government 22
SUBTITLE 35. COMMISSION ON JUVENILE JUSTICE REFORM AND EMERGING AND 23
BEST PRACTICES. 24
9–3501. 25
IN THIS SUBTITLE , “COMMISSION” MEANS THE COMMISSION ON JUVENILE 26
JUSTICE REFORM AND EMERGING AND BEST PRACTICES. 27
9–3502. 28
(A) THERE IS A COMMISSION ON JUVENILE JUSTICE REFORM AND 29
EMERGING AND BEST PRACTICES. 30
HOUSE BILL 459 23
(B) THE COMMISSION CONSISTS O F THE FOLLOWING MEMB ERS: 1
(1) TWO MEMBERS OF THE SENATE OF MARYLAND, APPOINTED BY 2
THE PRESIDENT OF THE SENATE; 3
(2) TWO MEMBERS OF THE HOUSE OF DELEGATES, APPOINTED BY 4
THE SPEAKER OF THE HOUSE; 5
(3) THE SECRETARY OF JUVENILE SERVICES; 6
(4) THE SECRETARY OF HUMAN SERVICES; AND 7
(5) THE FOLLOWING MEMBERS, APPOINTED BY THE GOVERNOR: 8
(I) ONE REPRESENTATIVE O F AN INSTITUTE FOR P UBLIC 9
POLICY THAT SPECIALI ZES IN JUVENILE JUST ICE ISSUES IN THE STATE; 10
(II) ONE REPRESENTATIVE O F AN INSTITUTE OPERA TED BY THE 11
UNIVERSITY OF MARYLAND SPECIALIZING IN PROVIDING EVIDENCE –BASED AND 12
CULTURALLY COMPETENT SERVICES FOR JUVENIL ES; AND 13
(III) THREE REPRESENTATIVE S WITH RELEVANT EDUC ATION 14
AND EXPERIENCE . 15
(C) THE GOVERNOR SHALL DESIGN ATE THE CHAIR OF THE COMMISSION. 16
(D) THE DEPARTMENT OF JUVENILE SERVICES AND THE DEPARTMENT OF 17
HUMAN SERVICES SHALL PROVID E STAFF FOR THE COMMISSION. 18
(E) A MEMBER OF THE COMMISSION: 19
(1) MAY NOT RECEIVE COMP ENSATION AS A MEMBER OF THE 20
COMMISSION; BUT 21
(2) IS ENTITLED TO REIMB URSEMENT FOR EXPENSE S UNDER THE 22
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 23
(F) THE COMMISSION SHALL : 24
(1) RESEARCH CULTURALLY COMPETENT , EVIDENCE–BASED, 25
RESEARCH–BASED, AND PROMISING PRACTI CES RELATING TO : 26
(I) CHILD WELFARE ; 27
(II) JUVENILE REHABILITAT ION; 28 24 HOUSE BILL 459
(III) MENTAL HEALTH SERVIC ES FOR CHILDREN ; AND 1
(IV) PREVENTION AND INTER VENTION SERVICES FOR 2
JUVENILES; 3
(2) EVALUATE THE COST –EFFECTIVENESS OF PRA CTICES 4
RESEARCHED BY THE COMMISSION; 5
(3) IDENTIFY MEANS OF EV ALUATING THE EFFECTI VENESS OF 6
PRACTICES RESE ARCHED BY THE COMMISSION; AND 7
(4) GIVING SPECIAL ATTEN TION TO ORGANIZATION S LOCATED IN OR 8
SERVING HISTORICALLY UNDERSERVED COMMUNIT IES, IDENTIFY STRATEGIES TO 9
ENABLE COMMUNITY –BASED ORGANIZATIONS THAT PROVIDE SERVICE S FOR 10
JUVENILES TO EVALUAT E AND VALIDATE SERVICES AND PRO GRAMMING PROVIDED 11
BY THOSE ORGANIZATIO NS. 12
(G) ON OR BEFORE DECEMBER 31, 2023, AND ON OR BEFORE DECEMBER 13
31 EACH YEAR THEREAFTER , THE COMMISSION SHALL REPO RT ITS FINDINGS TO 14
THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THIS ARTICLE , THE 15
GENERAL ASSEMBLY. 16
SECTION 2. AND BE IT FURTHER ENACTED, That, on or before April 15, 2023, 17
the Department of Juvenile Services shall report to the General Assembly, in accordance 18
with § 2–1257 of the State Government Article, on: 19
(1) plans to publish an annual report by the Department of Juvenile 20
Services, in consultation with the Maryland Department of Health, on the length of stay 21
for juveniles in secure facilities while undergoing competency evaluations and receiving 22
services; 23
(2) plans for the inclusion of information and data relating to use of a risk 24
assessment tool in the Department of Juvenile Services’ Data Resource Guide; 25
(3) the use of community detention for juveniles in the care and custody of 26
the Department of Juvenile Services; 27
(4) the Department of Juvenile Services’ development of forms for 28
community detention that do not include information relating to house arrests; 29
(5) the effect of a requirement that the Department of Juvenile Services 30
provide a robust continuum of community –based alternatives to detention in all 31
jurisdictions of the State and recommendations for establishing the requirement; 32
HOUSE BILL 459 25
(6) access to mental health services for all juveniles served by the 1
Department of Juvenile Services; 2
(7) the feasibility of and any plans for providing quality, evidence–based 3
programming for juveniles detained in secure juvenile facilities, including educational 4
programming, structured weekend activities, and activities involving family members of 5
detained juveniles; 6
(8) the use of community detention, including electronic monitoring, for 7
juveniles placed on probation; 8
(9) plans to increase the number of shelter beds available in juvenile 9
facilities, particularly beds for girls; 10
(10) plans to track and report data on the number of days juveniles ordered 11
to shelter care placements remain in secure juvenile facilities; 12
(11) minimum training standards for staff at juvenile facilities; 13
(12) surveillance systems at juvenile facilities, including whether all 14
juvenile facilities are equipped with functioning surveillance cameras capable of monitoring 15
all areas of juvenile facilities; 16
(13) minimum standards for facilitating family engagement for juveniles at 17
juvenile facilities, including standards for facilitating daily contact between juveniles and 18
their family members; 19
(14) standards for attorneys to access their clients within all juvenile 20
facilities in the State; 21
(15) plans to adopt cognitive behavioral therapy training and restorative 22
justice training for staff at all juvenile facilities in the State; and 23
(16) plans to transition from the current slate of secure juvenile facilities to 24
ensure access to both nonresidential and residential facilities that use culturally 25
competent, evidence–based programming in all jurisdictions of the State. 26
SECTION 3. AND BE IT FURTHER ENACTED, That, on or before December 31, 27
2023, the Governor’s Office of Crime Prevention, Youth, and Victim Services shall: 28
(1) (i) develop a model policy for diversion of juveniles from the juvenile 29
justice system and criminal justice system; 30
(ii) identify funding opportunities to support diversion programs for 31
juveniles in the State, including local programs; and 32
26 HOUSE BILL 459
(iii) collect and evaluate data related to the implementation and 1
effectiveness of diversion programs for juveniles in the State; and 2
(2) report its findings to the General Assembly, in accordance with § 3
2–1257 of the State Government Article. 4
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect June 5
1, 2022. 6
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.