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.
Italics indicate opposite chamber/conference committee amendments.
*hb0459*
HOUSE BILL 459
E3 (2lr1704)
ENROLLED BILL
— Judiciary/Judicial Proceedings —
Introduced by Delegate Clippinger
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at _________________ _______ o’clock, ________M.
______________________________________________
Speaker.
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 2 HOUSE BILL 459
Article – Courts and Judicial Proceedings 1
Section 3–8A–03, 3–8A–10(c)(4) and (e) (e)(2) and (3), 3–8A–15(b) and (f) through (l), 2
3–8A–19(d)(1)(i) and (3), and 3–8A–27(a)(2)(iv) 3
Annotated Code of Maryland 4
(2020 Replacement Volume and 2021 Supplement) 5
BY adding to 6
Article – Courts and Judicial Proceedings 7
Section 3–8A–10(n), 3–8A–15(l), 3–8A–19.6, and 3–8A–19.7 8
Annotated Code of Maryland 9
(2020 Replacement Volume and 2021 Supplement) 10
BY repealing 11
Article – Courts and Judicial Proceedings 12
Section 3–8A–15(e) 13
Annotated Code of Maryland 14
(2020 Replacement Volume and 2021 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Criminal Procedure 17
Section 4–202(b), (c), and (i)(1), 4–202.2(a), 10–215(a)(20), and 10–216(d)(1) 18
Annotated Code of Maryland 19
(2018 Replacement Volume and 2021 Supplement) 20
BY repealing and reenacting, with amendments, 21
Article – Education 22
Section 7–303(a)(6)(ii) 23
Annotated Code of Maryland 24
(2018 Replacement Volume and 2021 Supplement) 25
BY adding to 26
Article – Public Safety 27
Section 3–530 28
Annotated Code of Maryland 29
(2018 Replacement Volume and 2021 Supplement) 30
BY adding to 31
Article – State Government 32
Section 9–3501 and 9–3502 to be under the new subtitle “Subtitle 35. Commission 33
on Juvenile Justice Reform and Emerging and Best Practices” 34
Annotated Code of Maryland 35
(2021 Replacement Volume) 36
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 37
That the Laws of Maryland read as follows: 38
Article – Courts and Judicial Proceedings 39 HOUSE BILL 459 3
3–8A–03. 1
(a) EXCEPT AS OTHERWISE P ROVIDED IN THIS SECT ION, A CHILD UNDER 2
THE AGE OF 13 YEARS: 3
(1) IS NOT SUBJECT TO THE JURISDICTION OF THE COURT UNDER 4
THIS SUBTITLE; AND 5
(2) MAY NOT BE CHARGED WI TH A CRIME. 6
(B) In addition to the jurisdiction specified in Subtitle 8 of this title, the court has 7
exclusive original jurisdiction over: 8
(1) A child who is [alleged] AT LEAST 13 YEARS OLD: 9
(I) ALLEGED to be delinquent or in need of supervision; or [who] 10
(II) WHO has received a citation for a violation; 11
(2) EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION, A 12
CHILD WHO IS AT LEAS T 10 YEARS OLD ALLEGED TO HAVE DONE AN ACT : 13
(I) THAT, IF COMMITTED BY AN A DULT, WOULD CONSTITUTE : 14
1. A CRIME PUNISHABLE BY LIFE IMPRISONMENT ; 15
2. FIRST DEGREE CHILD AB USE UNDER § 3–601 OF THE 16
CRIMINAL LAW ARTICLE; 17
3. SEXUAL ABUSE OF A MIN OR UNDER § 3–602(B) OF THE 18
CRIMINAL LAW ARTICLE; 19
4. SECOND DEGREE MURDER UNDER § 2–204 OF THE 20
CRIMINAL LAW ARTICLE; 21
5. ARMED CARJACKING UNDE R § 3–405 OF THE 22
CRIMINAL LAW ARTICLE; 23
6. SECOND DEGREE RAPE UNDER § 3–304 OF THE 24
CRIMINAL LAW ARTICLE; 25
7. CONTINUING COURSE OF CONDUCT WITH A CHILD 26
UNDER § 3–315 OF THE CRIMINAL LAW ARTICLE; OR 27
4 HOUSE BILL 459
8. THIRD DEGREE SEXUAL O FFENSE UNDER § 3–307 OF 1
THE CRIMINAL LAW ARTICLE; OR 2
(II) ARISING OUT OF THE SA ME INCIDENT AS AN ACT LIS TED IN 3
ITEM (I)1 THROUGH 8 OF THIS ITEM; 4
(3) Except as provided in subsection [(d)(6)] (E)(6) of this section, a peace 5
order proceeding in which the respondent is a child; and 6
[(3)] (4) Proceedings arising under the Interstate Compact on Juveniles. 7
[(b)] (C) The court has concurrent jurisdiction over proceedings against an adult 8
for the violation of § 3–8A–30 of this subtitle. However, the court may waive its jurisdiction 9
under this subsection upon its own motion or upon the motion of any party to the 10
proceeding, if charges against the adult arising from the same incident are pending in the 11
criminal court. Upon motion by either the State’s Attorney or the adult charged under § 12
3–8A–30 of this subtitle, the court shall waive its jurisdiction, and the adult shall be tried 13
in the criminal court according to the usual criminal procedure. 14
[(c)] (D) The jurisdiction of the court is concurrent with that of the District Court 15
in any criminal case arising under the compulsory public school attendance laws of this 16
State. 17
[(d)] (E) The court does not have jurisdiction over: 18
(1) A child at least 14 years old alleged to have done an act that, if 19
committed by an adult, would be a crime punishable by life imprisonment, as well as all 20
other charges against the child arising out of the same incident, unless an order removing 21
the proceeding to the court has been filed under § 4–202 of the Criminal Procedure Article; 22
(2) A child at least 16 years old alleged to have done an act in violation of 23
any provision of the Transportation Article or other traffic law or ordinance, except an act 24
that prescribes a penalty of incarceration; 25
(3) A child at least 16 years old alleged to have done an act in violation of 26
any provision of law, rule, or regulation governing the use or operation of a boat, except an 27
act that prescribes a penalty of incarceration; 28
(4) A child at least 16 years old alleged to have committed any of the 29
following crimes, as well as all other charges against the child arising out of the same 30
incident, unless an order removing the proceeding to the court has been filed under § 31
4–202 of the Criminal Procedure Article: 32
(i) Abduction; 33
(ii) Kidnapping; 34 HOUSE BILL 459 5
(iii) Second degree murder; 1
(iv) Manslaughter, except involuntary manslaughter; 2
(v) Second degree rape; 3
(vi) Robbery under § 3–403 of the Criminal Law Article; 4
(vii) Third degree sexual offense under § 3–307(a)(1) of the Criminal 5
Law Article; 6
(viii) A crime in violation of § 5–133, § 5–134, § 5–138, or § 5–203 of 7
the Public Safety Article; 8
(ix) Using, wearing, carrying, or transporting a firearm during and 9
in relation to a drug trafficking crime under § 5–621 of the Criminal Law Article; 10
(x) Use of a firearm under § 5–622 of the Criminal Law Article; 11
(xi) Carjacking or armed carjacking under § 3–405 of the Criminal 12
Law Article; 13
(xii) Assault in the first degree under § 3–202 of the Criminal Law 14
Article; 15
(xiii) Attempted murder in the second degree under § 2–206 of the 16
Criminal Law Article; 17
(xiv) Attempted rape in the second degree under § 3–310 of the 18
Criminal Law Article; 19
(xv) Attempted robbery under § 3–403 of the Criminal Law Article; or 20
(xvi) A violation of § 4–203, § 4–204, § 4–404, or § 4–405 of the 21
Criminal Law Article; 22
(5) A child who previously has been convicted as an adult of a felony and is 23
subsequently alleged to have committed an act that would be a felony if committed by an 24
adult, unless an order removing the proceeding to the court has been filed under § 4–202 of 25
the Criminal Procedure Article; or 26
(6) A peace order proceeding in which the victim, as defined in § 27
3–8A–01(cc)(1)(ii) of this subtitle, is a person eligible for relief, as defined in § 4–501 of the 28
Family Law Article. 29
6 HOUSE BILL 459
[(e)] (F) If the child is charged with two or more violations of the Maryland 1
Vehicle Law, another traffic law or ordinance, or the State Boat Act, allegedly arising out 2
of the same incident and which would result in the child being brought before both the court 3
and a court exercising criminal jurisdiction, the court has exclusive jurisdiction over all of 4
the charges. 5
(a) In addition to the jurisdiction specified in Subtitle 8 of this title, the court has 6
exclusive original jurisdiction over: 7
(1) A child [who]: 8
(I) WHO is AT LEAST 13 YEARS OLD alleged to be delinquent; or 9
(II) EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION, 10
WHO IS AT LEAST 10 YEARS OLD ALLEGED TO HAVE COMMITTED AN AC T: 11
1. THAT, IF COMMITTED BY AN A DULT, WOULD 12
CONSTITUTE: 13
A. A CRIME PUNIS HABLE BY LIFE IMPRIS ONMENT; 14
B. FIRST DEGREE CHILD AB USE UNDER § 3–601 OF THE 15
CRIMINAL LAW ARTICLE; 16
C. SEXUAL ABUSE OF A MIN OR UNDER § 3–602(B) OF THE 17
CRIMINAL LAW ARTICLE; 18
D. SECOND DEGREE MURDER UNDER § 2–204 OF THE 19
CRIMINAL LAW ARTICLE; 20
E. ARMED CARJACKING UNDE R § 3–405 OF THE 21
CRIMINAL LAW ARTICLE; 22
F. SECOND DEGREE RAPE UN DER § 3–304 OF THE 23
CRIMINAL LAW ARTICLE; 24
G. CONTINUING COURSE OF CONDUCT WITH A CHILD 25
UNDER § 3–315 OF THE CRIMINAL LAW ARTICLE; OR 26
H. THIRD DEGREE SEXUAL OFFENSE UNDER § 3–307 OF 27
THE CRIMINAL LAW ARTICLE; OR A CRIME OF VIOLENCE , AS DEFINED IN § 14–101 28
OF THE CRIMINAL LAW ARTICLE; OR 29
2. ARISING OUT OF THE SA ME INCIDENT AS AN AC T 30
LISTED IN ITEM 1 OF THIS ITEM; 31 HOUSE BILL 459 7
(2) A CHILD WHO IS in need of supervision; [or] 1
(3) A CHILD who has received a citation for a violation; 2
[(2)] (4) Except as provided in subsection (d)(6) of this section, a peace 3
order proceeding in which the respondent is a child; and 4
[(3)] (5) Proceedings arising under the Interstate Compact on Juveniles. 5
(b) The court has concurrent jurisdiction over proceedings against an adult for 6
the violation of § 3–8A–30 of this subtitle. However, the court may waive its jurisdiction 7
under this subsection upon its own motion or upon the motion of any party to the 8
proceeding, if charges against the adult arising from the same incident are pending in the 9
criminal court. Upon motion by either the State’s Attorney or the adult charged under § 10
3–8A–30 of this subtitle, the court shall waive its jurisdiction, and the adult shall be tried 11
in the criminal court according to the usual criminal procedure. 12
(c) The jurisdiction of the court is concurrent with that of the District Court in 13
any criminal case arising under the compulsory public school attendance laws of this State. 14
(d) The court does not have jurisdiction over: 15
(1) A child at least 14 years old alleged to have done an act that, if 16
committed by an adult, would be a crime punishable by life imprisonment, as well as all 17
other charges against the child arising out of the same incident, unless an order removing 18
the proceeding to the court has been filed under § 4–202 of the Criminal Procedure Article; 19
(2) A child at least 16 years old alleged to have done an act in violation of 20
any provision of the Transportation Article or other traffic law or ordinance, except an act 21
that prescribes a penalty of incarceration; 22
(3) A child at least 16 years old alleged to have done an act in violation of 23
any provision of law, rule, or regulation governing the use or operation of a boat, except an 24
act that prescribes a penalty of incarceration; 25
(4) A child at least 16 years old alleged to have committed any of the 26
following crimes, as well as all other charges against the child arising out of the same 27
incident, unless an order removing the proceeding to the court has been filed under § 28
4–202 of the Criminal Procedure Article: 29
(i) Abduction; 30
(ii) Kidnapping; 31
(iii) Second degree murder; 32 8 HOUSE BILL 459
(iv) Manslaughter, except involuntary manslaughter; 1
(v) Second degree rape; 2
(vi) Robbery under § 3–403 of the Criminal Law Article; 3
(vii) Third degree sexual offense under § 3–307(a)(1) of the Criminal 4
Law Article; 5
(viii) A crime in violation of § 5–133, § 5–134, § 5–138, or § 5–203 of 6
the Public Safety Article; 7
(ix) Using, wearing, carrying, or transporting a firearm during and 8
in relation to a drug trafficking crime under § 5–621 of the Criminal Law Article; 9
(x) Use of a firearm under § 5–622 of the Criminal Law Article; 10
(xi) Carjacking or armed carjacking under § 3–405 of the Criminal 11
Law Article; 12
(xii) Assault in the first degree under § 3–202 of the Criminal Law 13
Article; 14
(xiii) Attempted murder in the second degree under § 2–206 of the 15
Criminal Law Article; 16
(xiv) Attempted rape in the second degree under § 3–310 of the 17
Criminal Law Article; 18
(xv) Attempted robbery under § 3–403 of the Criminal Law Article; or 19
(xvi) A violation of § 4–203, § 4–204, § 4–404, or § 4–405 of the 20
Criminal Law Article; 21
(5) A child who previously has been convicted as an adult of a felony and is 22
subsequently alleged to have committed an act that would be a felony if committed by an 23
adult, unless an order removing the proceeding to the court has been filed under § 4–202 of 24
the Criminal Procedure Article; [or] 25
(6) A peace order proceeding in which the victim, as defined in § 26
3–8A–01(cc)(1)(ii) of this subtitle, is a person eligible for relief, as defined in § 4–501 of the 27
Family Law Article; OR 28
HOUSE BILL 459 9
(7) EXCEPT AS PROVIDED IN SUBSECTION (A)(1)(II) OF THIS SECTION, 1
A DELINQUENCY PROCEE DING AGAINST A CHILD WHO IS UNDER THE AGE OF 13 2
YEARS. 3
(e) If the child is charged with two or more violations of the Maryland Vehicle 4
Law, another traffic law or ordinance, or the State Boat Act, allegedly arising out of the 5
same incident and which would result in the child being brought before both the court and 6
a court exercising criminal jurisdiction, the court has exclusive jurisdiction over all of the 7
charges. 8
(F) A CHILD UNDER THE AGE OF 13 YEARS MAY NOT BE CHA RGED WITH A 9
CRIME. 10
3–8A–10. 11
(c) (4) (i) 1. [If] EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 2 12
OF THIS SUBPARAGRAPH , IF a complaint is filed that alleges the commission of an act 13
which would be a felony if committed by an adult or alleges a violation of § 4–203 or § 14
4–204 of the Criminal Law Article, and if the intake officer denies authorization to file a 15
petition or proposes an informal adjustment, the intake officer shall immediately: 16
[1.] A. Forward the complaint to the State’s Attorney; and 17
[2.] B. Forward a copy of the entire intake case file to the 18
State’s Attorney with information as to any and all prior intake involvement with the child. 19
2. FOR A COMPLAINT THAT ALLEGES THE COMMISSI ON 20
OF AN ACT THAT WOULD BE A FELONY IF COMMI TTED BY AN ADULT , THE INTAKE 21
OFFICER IS NOT REQUI RED TO FORWARD THE C OMPLAINT AND COPY OF THE INTAKE 22
CASE FILE TO THE STATE’S ATTORNEY IF: 23
A. THE INTAKE OFFICER PR OPOSES THE MATTER FO R 24
INFORMAL ADJUSTMENT ; 25
B. THE ACT DID NOT INVOL VE THE INTENTIONAL 26
CAUSING OF, OR ATTEMPT TO CAUSE , THE DEATH OF OR PHYS ICAL INJURY TO 27
ANOTHER; AND 28
C. THE ACT WOULD NOT BE A CRIME OF VIOL ENCE, AS 29
DEFINED UNDER § 14–101 OF THE CRIMINAL LAW ARTICLE, IF COMMITTED BY AN 30
ADULT. 31
(ii) The State’s Attorney shall make a preliminary review as to 32
whether the court has jurisdiction and whether judicial action is in the best interests of the 33
public or the child. The need for restitution may be considered as one factor in the public 34 10 HOUSE BILL 459
interest. After the preliminary review the State’s Attorney shall, within 30 days of the 1
receipt of the complaint by the State’s Attorney, unless the court extends the time: 2
1. File a petition or a peace order request or both; 3
2. Refer the complaint to the Department of Juvenile 4
Services for informal disposition; or 5
3. Dismiss the complaint. 6
(iii) This subsection may not be construed or interpreted to limit the 7
authority of the State’s Attorney to seek a waiver under § 3–8A–06 of this subtitle. 8
(e) (1) (I) [The] SUBJECT TO SUBPARAGRA PH (II) OF THIS 9
PARAGRAPH , THE intake officer [may propose an informal adjustment of the matter if], 10
based on the complaint and the inquiry, [the intake officer concludes] AND AFTER 11
CONCLUDING that the court has jurisdiction [but that], MAY PROPOSE AN INFOR MAL 12
ADJUSTMENT OF THE MA TTER IF THE INTAKE O FFICER CONCLUDES THA T an 13
informal adjustment, rather than judicial action, is in the best interests of the public and 14
the child. 15
(II) THE INTAKE OFFICER SH ALL PROPOSE AN INFOR MAL 16
ADJUSTMENT OF THE MA TTER IF: 17
1. THE CHILD WHO IS THE SUBJECT OF THE COMPL AINT 18
HAS NOT BEEN PREVIOU SLY: 19
A. ADJUDICATED DELINQUENT ; OR 20
B. REFERRED FOR AN INFO RMAL ADJUSTMENT ; 21
2. A. THE COMPLAINT ALLEGES THAT THE CHILD 22
COMMITTED AN ACT THA T WOULD BE A MISDEME ANOR IF COMMITTED BY AN ADULT; 23
OR 24
B. IF THE COMPLAINT ALLE GES THAT THE CHILD 25
COMMITTED AN ACT THA T WOULD BE A FELONY IF COM MITTED BY AN ADULT , THE 26
ACT DID NOT INVOLVE THE INTENTIONAL CAUS ING OF, OR ATTEMPT TO CAUSE , THE 27
DEATH OF OR PHYSICAL INJURY TO ANOTHER AN D WOULD NOT BE A CRI ME OF 28
VIOLENCE, AS DEFINED UNDER § 14–101 OF THE CRIMINAL LAW ARTICLE, IF 29
COMMITTED BY AN ADULT ; AND 30
3. THE COMPLAINT DOES NO T ALLEGE AN ACT 31
INVOLVING THE USE OR POSSESSION OF A FIRE ARM. 32
HOUSE BILL 459 11
(2) (I) [The] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 1
PARAGRAPH , THE intake officer shall propose an informal adjustment by informing the 2
victim, the child, and the child’s parent or guardian of the nature of the complaint, the 3
objectives of the adjustment process, and the conditions and procedures under which it will 4
be conducted. 5
(II) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBS ECTION, 6
THE INTAKE OFFICER M AY PROCEED WITH AN I NFORMAL ADJUSTMENT W ITHOUT 7
INFORMING THE VICTIM AS REQUIRED BY SUBPA RAGRAPH (I) OF THIS PARAGRAPH 8
IF THE INTAKE OFFICE R HAS MADE REASONABL E EFFORTS TO CONTACT THE VICTI M 9
FOR THE PURPOSE OF I NFORMING THE VICTIM UNDER SUBPARAGRAPH (I) OF THIS 10
PARAGRAPH . 11
(3) The intake officer may not proceed with an informal adjustment unless 12
[the victim,] the child[,] and the child’s parent or guardian consent to the informal 13
adjustment procedure. 14
(N) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , AT ANY TIME 15
BEFORE AN ADJUDICATO RY HEARING, THE COURT MAY HOLD T HE PROCEEDINGS IN 16
ABEYANCE FOR INFORMA L ADJUSTMENT IF C ONSENTED TO BY : 17
(I) THE STATE’S ATTORNEY; 18
(II) THE CHILD WHO IS THE SUBJECT OF THE PETIT ION AND THE 19
CHILD’S COUNSEL; AND 20
(III) THE COURT. 21
(2) (I) IF THE CHILD SUCCESSF ULLY COMPLETES THE I NFORMAL 22
ADJUSTMENT , THE COURT SHALL DISM ISS THE DELINQUENCY PETITION . 23
(II) IF THE CHILD DOES NOT SUCCESSFULLY COMPLET E THE 24
INFORMAL ADJUSTMENT , THE COURT SHALL RESU ME PROCEEDINGS UNDER THIS 25
SUBTITLE AGAINST THE CHILD. 26
3–8A–15. 27
(b) (1) [If] SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS SUBSECTION , 28
IF a child is taken into custody under this subtitle, the child may be placed in detention or 29
community detention prior to a hearing if: 30
[(1)] (I) Such action is required to protect the child or others; or 31
[(2)] (II) The child is likely to leave the jurisdiction of the court. 32
12 HOUSE BILL 459
(2) (I) IN THIS PARAGRAPH , “RISK SCORING INSTRUM ENT” MEANS 1
A TOOL, A METRIC, AN ALGORITHM , OR SOFTWARE THAT : 2
1. IS USED TO ASSIST IN DETERMINING THE ELIG IBILITY 3
OF A CHILD FOR RELEA SE BEFORE A HEARING ; AND 4
2. HAS BEEN INDEPENDENTLY VALIDA TED AT LEAST 5
ONCE IN THE PRECEDIN G 5 YEARS. 6
(II) THE COURT OR AN INTAK E OFFICER SHALL CONS IDER THE 7
RESULTS OF A RISK SC ORING INSTRUMENT BEF ORE PLACING A CHILD IN 8
DETENTION. 9
(3) A CHILD ALLEGED TO HAV E COMMITTED A DELINQ UENT ACT MAY 10
NOT BE PLACED IN DET ENTION BEFORE A HEAR ING IF THE MOST SERI OUS OFFENSE 11
WOULD BE A MISDEMEAN OR IF COMMITTED BY A N ADULT, UNLESS: 12
(I) THE ACT INVOLVED A HA NDGUN AND WOULD BE A 13
VIOLATION UNDER THE CRIMINAL LAW ARTICLE OR THE PUBLIC SAFETY ARTICLE 14
IF COMMITTED BY AN ADULT ; OR 15
(II) THE CHILD HAS BEEN AD JUDICATED DELINQUENT AT 16
LEAST TWICE IN THE P RECEDING 12 MONTHS. 17
[(e) Notwithstanding any other provision of this section, detention may not be 18
continued beyond emergency detention for a child under the age of 12 years unless: 19
(1) The child is alleged to have committed an act that, if committed by an 20
adult, would be a crime of violence as defined under § 14–101 of the Criminal Law Article; 21
or 22
(2) The child is likely to leave the jurisdiction of the court.] 23
[(f)] (E) (1) Detention or community detention may not be continued beyond 24
emergency detention or community detention unless, upon an order of court after a hearing, 25
the court has found that one or more of the circumstances stated in subsection (b) of this 26
section exist. 27
(2) A court order under this paragraph shall: 28
(i) Contain a written determination of whether or not the criteria 29
contained in subsection (c)(1) and (2) of this section have been met; and 30
(ii) Specify which of the circumstances stated in subsection (b) of this 31
section exist. 32 HOUSE BILL 459 13
(3) (i) If the court has not specifically prohibited community detention, 1
the Department of Juvenile Services may release the child from detention into community 2
detention and place the child in: 3
1. Shelter care; or 4
2. The custody of the child’s parent, guardian, custodian, or 5
other person able to provide supervision and care for the child and to return the child to 6
court when required. 7
(ii) If a child who has been released by the Department of Juvenile 8
Services or the court into community detention violates the conditions of community 9
detention, and it is necessary to protect the child or others, an intake officer may authorize 10
the detention of the child. 11
(iii) The Department of Juvenile Services shall promptly notify the 12
court of: 13
1. The release of a child from detention under subparagraph 14
(i) of this paragraph; or 15
2. The return to detention of a child under subparagraph (ii) 16
of this paragraph. 17
(iv) 1. If a child is returned to detention under subparagraph (ii) 18
of this paragraph, the intake officer who authorized detention shall immediately file a 19
petition to authorize continued detention. 20
2. A hearing on the petition to authorize continued detention 21
shall be held no later than the next court day, unless extended for no more than 5 days by 22
the court on good cause shown. 23
3. Reasonable notice, oral or written, stating the time, place, 24
and purpose of the hearing, shall be given to the child and, if they can be located, the child’s 25
parents, guardian, or custodian. 26
[(g)] (F) (1) Shelter care may only be continued beyond emergency shelter 27
care if the court has found that: 28
(i) Continuation of the child in the child’s home is contrary to the 29
welfare of the child; and 30
(ii) 1. Removal of the child from the child’s home is necessary 31
due to an alleged emergency situation and in order to provide for the safety of the child; or 32
14 HOUSE BILL 459
2. Reasonable but unsuccessful efforts were made to prevent 1
or eliminate the need for removal of the child from the home. 2
(2) (i) If the court continues shelter care on the basis of an alleged 3
emergency, the court shall assess whether the absence of efforts to prevent removal was 4
reasonable. 5
(ii) If the court finds that the absence of efforts to prevent removal 6
was not reasonable, the court shall make a written determination so stating. 7
(3) The court shall make a determination as to whether reasonable efforts 8
are being made to make it possible to return the child to the child’s home or whether the 9
absence of such efforts is reasonable. 10
[(h)] (G) A child alleged to be delinquent may not be detained in a jail or other 11
facility for the detention of adults. 12
[(i)] (H) (1) A child alleged to be in need of supervision may not be placed in: 13
(i) Detention or community detention; 14
(ii) A State mental health facility; or 15
(iii) A shelter care facility that is not operating in compliance with 16
applicable State licensing laws. 17
(2) Subject to paragraph (1)(iii) of this subsection, a child alleged to be in 18
need of supervision may be placed in shelter care facilities maintained or approved by the 19
Social Services Administration or the Department of Juvenile Services or in a private home 20
or shelter care facility approved by the court. 21
(3) The Secretary of Human Services and the Secretary of Juvenile 22
Services together, when appropriate, with the Secretary of Health shall jointly adopt 23
regulations to ensure that any child placed in shelter care pursuant to a petition filed under 24
subsection (d) of this section be provided appropriate services, including: 25
(i) Health care services; 26
(ii) Counseling services; 27
(iii) Education services; 28
(iv) Social work services; and 29
(v) Drug and alcohol abuse assessment or treatment services. 30
(4) In addition to any other provision, the regulations shall require: 31 HOUSE BILL 459 15
(i) The Department of Juvenile Services to develop a plan within 45 1
days of placement of a child in a shelter care facility to assess the child’s treatment needs; 2
and 3
(ii) The plan to be submitted to all parties to the petition and their 4
counsel. 5
[(j)] (I) The intake officer or the official who authorized detention, community 6
detention, or shelter care under this subtitle shall immediately give written notice of the 7
authorization for detention, community detention, or shelter care to the child’s parent, 8
guardian, or custodian and to the court. The notice shall be accompanied by a statement of 9
the reasons for taking the child into custody and placing him in detention, community 10
detention, or shelter care. This notice may be combined with the notice required under 11
subsection (d) of this section. 12
[(k)] (J) (1) If a child is alleged to have committed a delinquent act, the court 13
or a juvenile intake officer shall consider including, as a condition of releasing the child 14
pending an adjudicatory or disposition hearing, reasonable protections for the safety of the 15
alleged victim. 16
(2) If a victim has requested reasonable protections for safety, the court or 17
juvenile intake officer shall consider including, as a condition of releasing the child pending 18
an adjudicatory or disposition hearing, provisions regarding no contact with the alleged 19
victim or the alleged victim’s premises or place of employment. 20
[(l)] (K) If a child remains in a facility used for detention [for the specific act for 21
which the child has been adjudicated delinquent for more than 25 days after the court has 22
made a disposition on a petition under § 3–8A–19 of this subtitle], the Department of 23
Juvenile Services shall: 24
(1) [On the first available court date after the 25th day that the child 25
remains in a facility used for detention,] WITHIN 14 DAYS AFTER THE CHILD ’S INITIAL 26
DETENTION, appear at a hearing before the court with the child to explain the reasons for 27
continued detention; and 28
(2) Every [25] 14 days thereafter, appear at another hearing before the 29
court with the child to explain the reasons for continued detention. 30
(L) WITHIN 10 DAYS AFTER A DECISIO N TO DETAIN A CHILD UNDER THIS 31
SUBTITLE IN A FACILITY USED FOR DETENTION , THE DEPARTMENT OF JUVENILE 32
SERVICES SHALL SUBMIT A PLAN TO THE COURT FOR RELEASING THE CH ILD INTO 33
THE COMMUNITY . 34
3–8A–19. 35
16 HOUSE BILL 459
(d) (1) In making a disposition on a petition under this subtitle, the court may: 1
(i) [Place] SUBJECT TO § 3–8A–19.6 OF THIS SUBTITLE , PLACE 2
the child on probation or under supervision in his own home or in the custody or under the 3
guardianship of a relative or other fit person, upon terms the court deems appropriate, 4
including community detention; 5
(3) (i) [Except as provided in subparagraph (ii) or (iii) of this 6
paragraph, a] A child may not be committed to the Department of Juvenile Services for 7
out–of–home placement if the most serious offense is: 8
1. Possession of marijuana under § 5–601(c)(2)(ii) of the 9
Criminal Law Article; 10
2. [Possession or purchase of a noncontrolled substance 11
under § 5–618 of the Criminal Law Article; 12
3. Disturbing the peace or disorderly conduct under § 10–201 13
of the Criminal Law Article; 14
4. Malicious destruction of property under § 6–301 of the 15
Criminal Law Article; 16
5. An offense involving inhalants under § 5–708 of the 17
Criminal Law Article; 18
6. An offense involving prostitution under § 11–303, § 19
11–306, or § 11–307 of the Criminal Law Article; 20
7. Theft under § 7–104(g)(2) or (3) of the Criminal Law 21
Article; or 22
8. Trespass under § 6–402(b)(1) or § 6–403(c)(1) of the 23
Criminal Law Article] AN OFFENSE THAT WOULD BE A MISDEMEANOR IF COMMITTED 24
BY AN ADULT, UNLESS: 25
A. THE OFFENSE INVOLVES A FIREARM; AND 26
B. THE CHILD HAS BEEN AD JUDICATED DELINQUENT ON 27
A PRIOR OCCASION FOR AN OFFENSE INVOLVING A FIREARM; OR THE OFFENSE 28
INVOLVES A FIREA RM; OR 29
3. A TECHNICAL VIOLATION , AS DEFINED IN § 3–8A–19.7 30
3–8A–19.6 OF THIS SUBTITLE . 31
HOUSE BILL 459 17
[(ii) 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: 3
1. The child previously has been adjudicated delinquent for 4
three or more offenses arising from separate and independent circumstances; 5
2. The child waives the prohibition described in 6
subparagraph (i) of this paragraph and the court accepts the waiver as knowing, intelligent, 7
and voluntary; or 8
3. The court makes a written finding in accordance with 9
subparagraph (iii) of this paragraph. 10
(iii) A child whose most serious offense is an offense listed in 11
subparagraph (i) of this paragraph may be committed to the Department of Juvenile 12
Services for out–of–home placement if the court makes a written finding, including the 13
specific facts supporting the finding, that an out–of–home placement is necessary for the 14
welfare of the child or in the interest of public safety.] 15
[(iv)] (II) This paragraph may not be construed to prohibit the court 16
from committing the child to another appropriate agency. 17
3–8A–19.6. 18
(A) IN THIS SECTION , “TECHNICAL VIOLATION ” MEANS A VIOLATION OF 19
PROBATION THAT DOES NOT INVOLVE: 20
(1) AN ARREST OR A SUMMON S ISSUED BY A COMMIS SIONER ON A 21
STATEMENT OF CHARGES FILED BY A LAW ENFOR CEMENT OFFICER ; 22
(2) A VIOLATION OF A CRIMI NAL PROHIBITION , OR AN ACT THAT 23
WOULD BE A VIOLATION OF A CRIMINAL PROHIBI TION IF COMMITTED BY AN ADULT, 24
OTHER THAN A MINOR T RAFFIC OFFENSE ; 25
(3) A VIOLATION OF A NO –CONTACT OR STAY –AWAY ORDER; OR 26
(4) ABSCONDING. 27
(B) THIS SECTION DOES NOT APPLY TO AN OFFENSE COMMITTED BY A CHILD 28
THAT, IF COMMITTED BY A N ADULT, WOULD BE A FELONY AN D A CRIME OF VIOLENC E 29
UNDER § 14–101 OF THE CRIMINAL LAW ARTICLE. 30
(A) (C) THE COURT MAY NOT PLA CE A CHILD ON PROBAT ION FOR A TERM 31
EXCEEDING THAT PROVI DED IN THIS SECTION . 32 18 HOUSE BILL 459
(B) (D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 1
SUBSECTION, IF THE MOST SERIOUS OFFENSE COMMITTED BY A CHILD WOULD BE A 2
MISDEMEANOR IF COMMI TTED BY AN ADULT , THE COURT MAY PLACE THE CHILD ON 3
PROBATION FOR A PERI OD NOT EXCEEDING 6 MONTHS. 4
(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE COURT 5
MAY, AFTER A HEARING , EXTEND THE PROBATION BY PERIODS NOT EXCEE DING 3 6
MONTHS IF THE COURT FINDS THAT: 7
(I) THERE IS GOOD CAUSE T O EXTEND THE PROBATI ON; AND 8
(II) THE PURPOSE OF EXTEND ING THE PROBATION IS TO 9
ENSURE THAT THE CHIL D COMPLETES A TREATMENT OR REHABIL ITATIVE 10
PROGRAM OR SERVICE . 11
(3) THE TOTAL PERIOD OF T HE PROBATION , INCLUDING EXTENSIONS 12
OF THE PROBATION , MAY NOT EXCEED 1 YEAR. 13
(C) (E) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 14
SUBSECTION AND SUBSECTION (D) OF THIS SECTION , IF THE MOST SERIOUS 15
OFFENSE COMMITTED BY A CHILD WOULD BE A F ELONY IF COMMITTED B Y AN 16
ADULT, THE COURT MAY PLACE THE CHILD ON PROBATI ON FOR A PERIOD NOT 17
EXCEEDING 1 YEAR. 18
(2) (I) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE 19
COURT MAY , AFTER A HEAR ING, EXTEND THE PROBATION BY PERIODS NOT 20
EXCEEDING 3 MONTHS IF THE COURT FINDS THAT: 21
1. THERE IS GOOD CAUSE T O EXTEND THE PROBATI ON; 22
AND 23
2. THE PURPOSE OF EXTEND ING THE PROBATION IS TO 24
ENSURE THAT THE CHIL D COMPLETES A TREATM ENT OR REHABILITATIV E 25
PROGRAM OR SERVICE . 26
(II) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS 27
SUBSECTION, IF THE PROBATION IS EXTENDED UNDER THIS PARAGRAPH , THE 28
TOTAL PERIOD OF THE PROBATION MAY NOT EX CEED 2 YEARS. 29
(3) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 30
COURT MAY EXTEND THE PERIOD OF THE PROBAT ION FOR A PERIOD OF TIME 31
GREATER THAN THE PER IOD DESCRIBED IN PAR AGRAPH (2)(II) OF THIS 32 HOUSE BILL 459 19
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 PROBATION ; 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 EXCE ED 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 FOR A PERI OD NOT EXCEEDING 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 PROBATI ON; 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
(F) NOTWITHSTANDING ANY O THER PROVISION OF TH IS SECTION, IF A 21
CHILD IS FOUND TO HA VE COMMITTED A VIOLA TION OF PROBATION , EXCEPT FOR A 22
TECHNICAL VIOLATION, A COURT MAY, AFTER A HEARING , PLACE THE CHILD ON A 23
NEW TERM OF PROBATIO N FOR A PERIOD THAT IS CONSISTENT WITH T HE PERIOD OF 24
PROBATION THAT MAY B E IMPOSED UNDER THIS SECTION FOR THE DELI NQUENT ACT 25
FOR WHICH THE CHILD WAS ORIGINALLY PLACE D ON PROBATION. 26
3–8A–19.7. 27
(A) IN THIS SECTION , “TECHNICAL VIOLATION ” MEANS A VIOLATION OF 28
PROBATION THAT DOES NOT INVOLVE: 29
(1) AN ARREST OR A SUMMON S ISSUED BY A COMMIS SIONER ON A 30
STATEMENT OF CHARGES FILED BY A LAW ENFOR CEMENT OFFICER ; 31
20 HOUSE BILL 459
(2) A VIOLATION O F A CRIMINAL PROHIBI TION, OR AN ACT THAT 1
WOULD BE A VIOLATION OF A CRIMINAL PROHIB ITION IF COMMITTED B Y AN ADULT, 2
OTHER THAN A MINOR T RAFFIC OFFENSE ; 3
(3) A VIOLATION OF A NO –CONTACT OR STAY –AWAY ORDER ; OR 4
(4) ABSCONDING HAS THE MEANING STAT ED IN § 3–8A–19.6 OF THIS 5
SUBTITLE. 6
(B) A CHILD MAY NOT BE PLA CED IN A FACILITY US ED FOR DETENTION FOR 7
A TECHNICAL VIOLATIO N. 8
3–8A–27. 9
(a) (2) This subsection does not prohibit: 10
(iv) A law enforcement agency of the State or of a political subdivision 11
of the State, when necessary and for the sole purposes of facilitating apprehension of a child 12
and ensuring public safety, from releasing to the public photographs and identifying 13
information of a child who: 14
1. Has escaped from: 15
A. A detention center for juveniles; 16
B. A secure residential facility for juveniles; or 17
C. A correctional unit as defined in § 2–401 of the 18
Correctional Services Article; 19
2. Is a missing child as defined in § 9–401 of the Family Law 20
Article; or 21
3. The court does not have jurisdiction over pursuant to [§ 22
3–8A–03(d)(1), (4), or (5)] § 3–8A–03(E)(1), (4), OR (5) of this subtitle and who is subject 23
to: 24
A. Arrest; or 25
B. An arrest warrant issued by a criminal court. 26
Article – Criminal Procedure 27
4–202. 28
HOUSE BILL 459 21
(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
22 HOUSE BILL 459
(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 HOUSE BILL 459 23
(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 COLLECTED AND ANALYZED UNDER S UBSECTION (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 CONVICTI ON, 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 SENTEN CE FOR EACH JUVENILE 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
24 HOUSE BILL 459
(A) THERE IS A COMMISSION ON JUVENILE JUSTICE REFORM AND 1
EMERGING AND BEST PRACTICES. 2
(B) THE COMMISSION CONSISTS O F THE FOLLOWING MEMB ERS: 3
(1) TWO MEMBERS OF THE SENATE OF MARYLAND, APPOINTED BY 4
THE PRESIDENT OF THE SENATE; 5
(2) TWO MEMBERS OF THE HOUSE OF DELEGATES, APPOINTED BY 6
THE SPEAKER OF THE HOUSE; 7
(3) THE SECRETARY OF JUVENILE SERVICES; 8
(4) THE SECRETARY OF HUMAN SERVICES; AND 9
(5) THE FOLLOWING MEMBER S, APPOINTED BY THE GOVERNOR: 10
(I) ONE REPRESENTATIVE O F AN INSTITUTE FOR P UBLIC 11
POLICY THAT SPECIALI ZES IN JUVENILE JUST ICE ISSUES IN THE STATE; 12
(II) ONE REPRESENTATIVE O F AN INSTITUTE OPERA TED BY THE 13
UNIVERSITY OF MARYLAND SPECIALIZING IN PROVIDING EVIDENC E–BASED AND 14
CULTURALLY COMPETENT SERVICES FOR JUVENIL ES; AND 15
(III) THREE REPRESENTATIVE S WITH RELEVANT EDUC ATION 16
AND EXPERIENCE . 17
(C) THE GOVERNOR SHALL DESIGN ATE THE CHAIR OF THE COMMISSION. 18
(D) THE DEPARTMENT OF JUVENILE SERVICES AND THE DEPARTMENT OF 19
HUMAN SERVICES SHALL PROVID E STAFF FOR THE COMMISSION. 20
(E) A MEMBER OF THE COMMISSION: 21
(1) MAY NOT RECEIVE COMP ENSATION AS A MEMBER OF THE 22
COMMISSION; BUT 23
(2) IS ENTITLED TO REIMB URSEMENT FOR EX PENSES UNDER THE 24
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 25
(F) THE COMMISSION SHALL : 26
(1) RESEARCH CULTURALLY COMPETENT , EVIDENCE–BASED, 27
RESEARCH–BASED, AND PROMISING PRACTI CES RELATING TO : 28 HOUSE BILL 459 25
(I) CHILD WELFARE ; 1
(II) JUVENILE REHABILITAT ION; 2
(III) MENTAL HEALTH SERVIC ES FOR CHILDREN ; AND 3
(IV) PREVENTION AND INTER VENTION SERVICES FOR 4
JUVENILES; 5
(2) EVALUATE THE COST –EFFECTIVENESS OF PRA CTICES 6
RESEARCHED BY THE COMMISSION; 7
(3) IDENTIFY MEANS OF EV ALUATING THE EFFECTIVENESS OF 8
PRACTICES RESEARCHED BY THE COMMISSION; AND 9
(4) GIVING SPECIAL ATTEN TION TO ORGANIZATION S LOCATED IN OR 10
SERVING HISTORICALLY UNDERSERVED COMMUNIT IES, IDENTIFY STRATEGIES TO 11
ENABLE COMMUNITY –BASED ORGANIZATIONS THAT PROVIDE SERVICE S FOR 12
JUVENILES TO EVALUAT E AND VALIDATE SERVI CES AND PROGRAMMING PROVIDED 13
BY THOSE ORGANIZATIO NS. 14
(G) ON OR BEFORE DECEMBER 31, 2023, AND ON OR BEFORE DECEMBER 15
31 EACH YEAR THEREAFTER , THE COMMISSION SHALL REPO RT ITS FINDINGS TO 16
THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THIS ARTICLE , THE 17
GENERAL ASSEMBLY. 18
SECTION 2. AND BE IT FURTHER ENACTED, That, on or before April 15, 2023, 19
the Department of Juvenile Services shall report to the General Assembly, in accordance 20
with § 2–1257 of the State Government Article, on: 21
(1) plans to publish an annual report by the Department of Juvenile 22
Services, in consultation with the Maryland Department of Health, on the length of stay 23
for juveniles in secure facilities while undergoing competency evaluations and receiving 24
services; 25
(2) plans for the inclusion of information and data relating to use of a risk 26
assessment tool in the Department of Juvenile Services’ Data Resource Guide; 27
(3) the use of community detention for juveniles in the care and custody of 28
the Department of Juvenile Services; 29
(4) the Department of Juvenile Services’ development of forms for 30
community detention that do not include information relating to house arrests; 31
26 HOUSE BILL 459
(5) the effect of a requirement that the Department of Juvenile Services 1
provide a robust continuum of community –based alternatives to detention in all 2
jurisdictions of the State and recommendations for establishing the requirement; 3
(6) access to mental health services for all juveniles served by the 4
Department of Juvenile Services; 5
(7) the feasibility of and any plans for providing quality, evidence–based 6
programming for juveniles detained in secure juvenile facilities, including educational 7
programming, structured weekend activities, and activities involving family members of 8
detained juveniles; 9
(8) the use of community detention, including electronic monitoring, for 10
juveniles placed on probation; 11
(9) plans to increase the number of shelter beds available in juvenile 12
facilities, particularly beds for girls; 13
(10) plans to track and report data on the number of days juveniles ordered 14
to shelter care placements remain in secure juvenile facilities; 15
(11) minimum training standards for staff at juvenile facilities; 16
(12) surveillance systems at juvenile facilities, including whether all 17
juvenile facilities are equipped with functioning surveillance cameras capable of monitoring 18
all areas of juvenile facilities; 19
(13) minimum standards for facilitating family engagement for juveniles at 20
juvenile facilities, including standards for facilitating daily contact between juveniles and 21
their family members; 22
(14) standards for attorneys to access their clients within all juvenile 23
facilities in the State; 24
(15) plans to adopt cognitive behavioral therapy training and restorative 25
justice training for staff at all juvenile facilities in the State; and 26
(16) plans to transition from the current slate of secure juvenile facilities to 27
ensure access to both nonresidential and residential facilities that use culturally 28
competent, evidence–based programming in all jurisdictions of the State. 29
SECTION 3. AND BE IT FURTHER ENACTED, That, on or before December 31, 30
2023, the Governor’s Office of Crime Prevention, Youth, and Victim Services shall: 31
(1) (i) develop a model policy for diversion of juveniles from the juvenile 32
justice system and criminal justice system; 33
HOUSE BILL 459 27
(ii) identify funding opportunities to support diversion programs for 1
juveniles in the State, including local programs; and 2
(iii) collect and evaluate data related to the implementation and 3
effectiveness of diversion programs for juveniles in the State; and 4
(2) report its findings to the General Assembly, in accordance with § 5
2–1257 of the State Government Article. 6
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect June 7
1, 2022. 8
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.