Maryland 2022 Regular Session

Maryland House Bill HB459 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	LAWRENCE J. HOGAN, JR., Governor Ch. 42
2	1
3		-	– 1 –
4		-	Chapter 42
5		-	(House Bill 459)
6	2
7		-	AN ACT concerning
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
	4	+	[Brackets] indicate matter deleted from existing law.
	5	+	Underlining indicates amendments to bill.
	6	+	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
	7	+	amendment.
	8	+	Italics indicate opposite chamber/conference committee amendments.
	9	+	hb0459
8	10
9		-	Juvenile Justice Reform
	11	+	HOUSE BILL 459
	12	+	E3 (2lr1704)
	13	+	ENROLLED BILL
	14	+	— Judiciary/Judicial Proceedings —
	15	+	Introduced by Delegate Clippinger
10	16
11		-	FOR the purpose of altering provisions of law relating to the jurisdiction of the juvenile
12		-	court, the juvenile intake process, and the placement of a certain child in detention
13		-	or community detention; altering provisions of law relating to the authority of the
14		-	juvenile court in making a disposition on a certain petition; specifying the authority
15		-	of the juvenile court to place a child on probation under certain circumstances;
16		-	requiring the Governor’s Office of Crime Prevention, Youth, and Victim Services to
17		-	request and analyze certain data, develop a model policy for diversion of juveniles
18		-	from the juvenile and criminal justice systems, and submit certain reports;
19		-	establishing the Commission on Juvenile Justice Reform and Emerging and Best
20		-	Practices; requiring the Department of Juvenile Services to provide a certain report
21		-	to the General Assembly; and generally relating to juvenile justice.
	17	+	Read and Examined by Proofreaders:
22	18
23		-	BY repealing and reenacting, with amendments,
24		-	Article – Courts and Judicial Proceedings
25		-	Section 3–8A–03, 3–8A–10(c)(4) and (e) (e)(2) and (3), 3–8A–15(b) and (f) through (l),
26		-	3–8A–19(d)(1)(i) and (3), and 3–8A–27(a)(2)(iv)
27		-	Annotated Code of Maryland
28		-	(2020 Replacement Volume and 2021 Supplement)
	19	+	_______________________________________________
	20	+	Proofreader.
	21	+	_______________________________________________
	22	+	Proofreader.
29	23
30		-	BY adding to
31		-	Article – Courts and Judicial Proceedings
32		-	Section 3–8A–10(n), 3–8A–15(l), 3–8A–19.6, and 3–8A–19.7
33		-	Annotated Code of Maryland
34		-	(2020 Replacement Volume and 2021 Supplement)
	24	+	Sealed with the Great Seal and presented to the Governor, for his approval this
35	25
36		-	BY repealing
37		-	Article – Courts and Judicial Proceedings
38		-	Section 3–8A–15(e)
39		-	Annotated Code of Maryland
40		-	(2020 Replacement Volume and 2021 Supplement)
	26	+	_______ day of _______________ at _________________ _______ o’clock, ________M.
41	27
42		-	BY repealing and reenacting, with amendments,
43		-	Article – Criminal Procedure
44		-	Section 4–202(b), (c), and (i)(1), 4–202.2(a), 10–215(a)(20), and 10–216(d)(1)
45		-	Annotated Code of Maryland
46		-	(2018 Replacement Volume and 2021 Supplement)
	28	+	______________________________________________
	29	+	Speaker.
47	30
48		-	BY repealing and reenacting, with amendments,
49		-	Article – Education Ch. 42 2022 LAWS OF MARYLAND
	31	+	CHAPTER ______
50	32
51		-	– 2 –
52		-	Section 7–303(a)(6)(ii)
53		-	Annotated Code of Maryland
54		-	(2018 Replacement Volume and 2021 Supplement)
	33	+	AN ACT concerning 1
55	34
56		-	BY adding to
57		-	Article – Public Safety
58		-	Section 3–530
59		-	Annotated Code of Maryland
60		-	(2018 Replacement Volume and 2021 Supplement)
	35	+	Juvenile Justice Reform 2
61	36
62		-	BY adding to
63		-	Article – State Government
64		-	Section 9–3501 and 9–3502 to be under the new subtitle “Subtitle 35. Commission
65		-	on Juvenile Justice Reform and Emerging and Best Practices”
66		-	Annotated Code of Maryland
67		-	(2021 Replacement Volume)
	37	+	FOR the purpose of altering provisions of law relating to the jurisdiction of the juvenile 3
	38	+	court, the juvenile intake process, and the placement of a certain child in detention 4
	39	+	or community detention; altering provisions of law relating to the authority of the 5
	40	+	juvenile court in making a disposition on a certain petition; specifying the authority 6
	41	+	of the juvenile court to place a child on probation under certain circumstances; 7
	42	+	requiring the Governor’s Office of Crime Prevention, Youth, and Victim Services to 8
	43	+	request and analyze certain data, develop a model policy for diversion of juveniles 9
	44	+	from the juvenile and criminal justice systems, and submit certain reports; 10
	45	+	establishing the Commission on Juvenile Justice Reform and Emerging and Best 11
	46	+	Practices; requiring the Department of Juvenile Services to provide a certain report 12
	47	+	to the General Assembly; and generally relating to juvenile justice. 13
68	48
69		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
70		-	That the Laws of Maryland read as follows:
	49	+	BY repealing and reenacting, with amendments, 14 2 HOUSE BILL 459
71	50
72		-	Article – Courts and Judicial Proceedings
73	51
74		-	3–8A–03.
	52	+	Article – Courts and Judicial Proceedings 1
	53	+	Section 3–8A–03, 3–8A–10(c)(4) and (e) (e)(2) and (3), 3–8A–15(b) and (f) through (l), 2
	54	+	3–8A–19(d)(1)(i) and (3), and 3–8A–27(a)(2)(iv) 3
	55	+	Annotated Code of Maryland 4
	56	+	(2020 Replacement Volume and 2021 Supplement) 5
75	57
76		-	(a) EXCEPT AS OTHERWISE P ROVIDED IN THIS SECT ION, A CHILD UNDER
77		-	THE AGE OF 13 YEARS:
	58	+	BY adding to 6
	59	+	Article – Courts and Judicial Proceedings 7
	60	+	Section 3–8A–10(n), 3–8A–15(l), 3–8A–19.6, and 3–8A–19.7 8
	61	+	Annotated Code of Maryland 9
	62	+	(2020 Replacement Volume and 2021 Supplement) 10
78	63
79		-	(1) IS NOT SUBJECT TO THE JURISDICTION OF THE COURT UNDER
80		-	THIS SUBTITLE; AND
	64	+	BY repealing 11
	65	+	Article – Courts and Judicial Proceedings 12
	66	+	Section 3–8A–15(e) 13
	67	+	Annotated Code of Maryland 14
	68	+	(2020 Replacement Volume and 2021 Supplement) 15
81	69
82		-	(2) MAY NOT BE CHARGED WI TH A CRIME.
	70	+	BY repealing and reenacting, with amendments, 16
	71	+	Article – Criminal Procedure 17
	72	+	Section 4–202(b), (c), and (i)(1), 4–202.2(a), 10–215(a)(20), and 10–216(d)(1) 18
	73	+	Annotated Code of Maryland 19
	74	+	(2018 Replacement Volume and 2021 Supplement) 20
83	75
84		-	(B) In addition to the jurisdiction specified in Subtitle 8 of this title, the court has
85		-	exclusive original jurisdiction over:
	76	+	BY repealing and reenacting, with amendments, 21
	77	+	Article – Education 22
	78	+	Section 7–303(a)(6)(ii) 23
	79	+	Annotated Code of Maryland 24
	80	+	(2018 Replacement Volume and 2021 Supplement) 25
86	81
87		-	(1) A child who is [alleged] AT LEAST 13 YEARS OLD:
	82	+	BY adding to 26
	83	+	Article – Public Safety 27
	84	+	Section 3–530 28
	85	+	Annotated Code of Maryland 29
	86	+	(2018 Replacement Volume and 2021 Supplement) 30
88	87
89		-	(I) ALLEGED to be delinquent or in need of supervision; or [who]
	88	+	BY adding to 31
	89	+	Article – State Government 32
	90	+	Section 9–3501 and 9–3502 to be under the new subtitle “Subtitle 35. Commission 33
	91	+	on Juvenile Justice Reform and Emerging and Best Practices” 34
	92	+	Annotated Code of Maryland 35
	93	+	(2021 Replacement Volume) 36
90	94
91		-	(II) WHO has received a citation for a violation;
	95	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 37
	96	+	That the Laws of Maryland read as follows: 38
92	97
93		-	(2) EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION, A
94		-	CHILD WHO IS AT LEAS T 10 YEARS OLD ALLEGED TO HAVE DONE AN ACT :
	98	+	Article – Courts and Judicial Proceedings 39 HOUSE BILL 459 3
95	99
96		-	(I) THAT, IF COMMITTED BY AN A DULT, WOULD CONSTITUTE : LAWRENCE J. HOGAN, JR., Governor Ch. 42
97	100
98		-	– 3 –
99	101
100		-	1~~. A CRIME PUNISHABLE BY LIFE IMPRISONMENT ;~~
	102	+	3–8A–03. 1
101	103
102		-	~~2. FIRST DEGREE~~ CHILD ~~AB USE~~ UNDER ~~§ 3–601 OF THE~~
103		-	~~CRIMINAL LAW ARTICLE;~~
	104	+	(a) EXCEPT AS OTHERWISE P ROVIDED IN THIS SECT ION, A CHILD UNDER 2
	105	+	THE AGE OF 13 YEARS: 3
104	106
105		-	~~3. SEXUAL ABUSE OF A MIN OR UNDER § 3–602(B)~~ OF THE
106		-	~~CRIMINAL LAW ARTICLE~~;
	107	+	(1) IS NOT SUBJECT TO THE JURISDICTION OF THE COURT UNDER 4
	108	+	THIS SUBTITLE; AND 5
107	109
108		-	4. SECOND DEGREE MURDER UNDER § 2–204 OF THE
109		-	CRIMINAL LAW ARTICLE;
	110	+	(2) MAY NOT BE CHARGED WI TH A CRIME. 6
110	111
111		-	~~5. ARMED CARJACKING UNDE R § 3–405~~ OF THE
112		-	~~CRIMINAL LAW ARTICLE;~~
	112	+	(B) In addition to the jurisdiction specified in Subtitle 8 of this title, the court has 7
	113	+	exclusive original jurisdiction over: 8
113	114
114		-	6. SECOND DEGREE RAPE UNDER § 3–304 OF THE
115		-	CRIMINAL LAW ARTICLE;
	115	+	(1) A child who is [alleged] AT LEAST 13 YEARS OLD: 9
116	116
117		-	7. CONTINUING COURSE OF CONDUCT WITH A CHILD
118		-	UNDER § 3–315 OF THE CRIMINAL LAW ARTICLE; OR
	117	+	(I) ALLEGED to be delinquent or in need of supervision; or [who] 10
119	118
120		-	8. THIRD DEGREE SEXUAL O FFENSE UNDER § 3–307 OF
121		-	THE CRIMINAL LAW ARTICLE; OR
	119	+	(II) WHO has received a citation for a violation; 11
122	120
123		-	(II) ~~ARISING OUT~~ OF ~~THE SA ME INCIDENT AS AN ACT L ISTED IN~~
124		-	~~ITEM (I)1 THROUGH 8 OF THIS ITEM;~~
	121	+	(2) EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION, A 12
	122	+	CHILD WHO IS AT LEAS T 10 YEARS OLD ALLEGED TO HAVE DONE AN ACT : 13
125	123
126		-	(3) Except as provided in subsection [(d)(6)] (E)(6) of this section, a peace
127		-	order proceeding in which the respondent is a child; and
	124	+	(I) THAT, IF COMMITTED BY AN A DULT, WOULD CONSTITUTE : 14
128	125
129		-	~~[(3)] (4) Proceedings arising under the Interstate Compact on Juveniles~~.
	126	+	1. A CRIME PUNISHABLE BY LIFE IMPRISONMENT ; 15
130	127
131		-	[(b)] (C) The court has concurrent jurisdiction over proceedings against an adult
132		-	for the violation of § 3–8A–30 of this subtitle. However, the court may waive its jurisdiction
133		-	under this subsection upon its own motion or upon the motion of any party to the
134		-	proceeding, if charges against the adult arising from the same incident are pending in the
135		-	criminal court. Upon motion by either the State’s Attorney or the adult charged under §
136		-	3–8A–30 of this subtitle, the court shall waive its jurisdiction, and the adult shall be tried
137		-	in the criminal court according to the usual criminal procedure.
	128	+	2. FIRST DEGREE CHILD AB USE UNDER § 3–601 OF THE 16
	129	+	CRIMINAL LAW ARTICLE; 17
138	130
139		-	[(c)] (D) The jurisdiction of the court is concurrent with that of the District Court
140		-	in any criminal case arising under the compulsory public school attendance laws of this
141		-	State.
	131	+	3. SEXUAL ABUSE OF A MIN OR UNDER § 3–602(B) OF THE 18
	132	+	CRIMINAL LAW ARTICLE; 19
142	133
143		-	[(d)] (E) The court does not have jurisdiction over: Ch. 42 2022 LAWS OF MARYLAND
	134	+	4. SECOND DEGREE MURDER UNDER § 2–204 OF THE 20
	135	+	CRIMINAL LAW ARTICLE; 21
144	136
145		-	– 4 –
	137	+	5. ARMED CARJACKING UNDE R § 3–405 OF THE 22
	138	+	CRIMINAL LAW ARTICLE; 23
146	139
147		-	(1) A child at least 14 years old alleged to have done an act that, if
148		-	committed by an adult, would be a crime punishable by life imprisonment, as well as all
149		-	other charges against the child arising out of the same incident, unless an order removing
150		-	the proceeding to the court has been filed under § 4–202 of the Criminal Procedure Article;
	140	+	6. SECOND DEGREE RAPE UNDER § 3–304 OF THE 24
	141	+	CRIMINAL LAW ARTICLE; 25
151	142
152		-	~~(2)~~ A child ~~at least 16 years old alleged to have done an act in violation of~~
153		-	~~any provision~~ of the ~~Transportation~~ Article or ~~other traffic law or ordinance, except an act~~
154		-	~~that prescribes a penalty of incarceration;~~
	143	+	7. CONTINUING COURSE OF CONDUCT WITH A CHILD 26
	144	+	UNDER § 3–315 OF THE CRIMINAL LAW ARTICLE; OR 27
	145	+	4 HOUSE BILL 459
155	146
156		-	(3) A child at least 16 years old alleged to have done an act in violation of
157		-	any provision of law, rule, or regulation governing the use or operation of a boat, except an
158		-	act that prescribes a penalty of incarceration;
159	147
160		-	(4) A child at least 16 years old alleged to have committed any of the
161		-	following crimes, as well as all other charges against the child arising out of the same
162		-	incident, unless an order removing the proceeding to the court has been filed under §
163		-	4–202 of the Criminal Procedure Article:
	148	+	8. THIRD DEGREE SEXUAL O FFENSE UNDER § 3–307 OF 1
	149	+	THE CRIMINAL LAW ARTICLE; OR 2
164	150
165		-	(i) Abduction;
	151	+	(II) ARISING OUT OF THE SA ME INCIDENT AS AN ACT LIS TED IN 3
	152	+	ITEM (I)1 THROUGH 8 OF THIS ITEM; 4
166	153
167		-	(ii) Kidnapping;
	154	+	(3) Except as provided in subsection [(d)(6)] (E)(6) of this section, a peace 5
	155	+	order proceeding in which the respondent is a child; and 6
168	156
169		-	(~~iii~~) ~~Second degree murder;~~
	157	+	[(3)] (4) Proceedings arising under the Interstate Compact on Juveniles. 7
170	158
171		-	(iv) Manslaughter, except involuntary manslaughter;
	159	+	[(b)] (C) The court has concurrent jurisdiction over proceedings against an adult 8
	160	+	for the violation of § 3–8A–30 of this subtitle. However, the court may waive its jurisdiction 9
	161	+	under this subsection upon its own motion or upon the motion of any party to the 10
	162	+	proceeding, if charges against the adult arising from the same incident are pending in the 11
	163	+	criminal court. Upon motion by either the State’s Attorney or the adult charged under § 12
	164	+	3–8A–30 of this subtitle, the court shall waive its jurisdiction, and the adult shall be tried 13
	165	+	in the criminal court according to the usual criminal procedure. 14
172	166
173		-	(v) Second degree rape;
	167	+	[(c)] (D) The jurisdiction of the court is concurrent with that of the District Court 15
	168	+	in any criminal case arising under the compulsory public school attendance laws of this 16
	169	+	State. 17
174	170
175		-	(vi) ~~Robbery under § 3–403 of~~ the ~~Criminal Law Article;~~
	171	+	[(d)] (E) The court does not have jurisdiction over: 18
176	172
177		-	(vii) Third degree sexual offense under § 3–307(a)(1) of the Criminal
178		-	Law Article;
	173	+	(1) A child at least 14 years old alleged to have done an act that, if 19
	174	+	committed by an adult, would be a crime punishable by life imprisonment, as well as all 20
	175	+	other charges against the child arising out of the same incident, unless an order removing 21
	176	+	the proceeding to the court has been filed under § 4–202 of the Criminal Procedure Article; 22
179	177
180		-	(viii) A crime in violation of § 5–133, § 5–134, § 5–138, or § 5–203 of
181		-	the Public Safety Article;
	178	+	(2) A child at least 16 years old alleged to have done an act in violation of 23
	179	+	any provision of the Transportation Article or other traffic law or ordinance, except an act 24
	180	+	that prescribes a penalty of incarceration; 25
182	181
183		-	(ix) Using, wearing, carrying, or transporting a firearm during and
184		-	in relation to a drug trafficking crime under § 5–621 of the Criminal Law Article;
	182	+	(3) A child at least 16 years old alleged to have done an act in violation of 26
	183	+	any provision of law, rule, or regulation governing the use or operation of a boat, except an 27
	184	+	act that prescribes a penalty of incarceration; 28
185	185
186		-	(x) Use of a firearm under § 5–622 of the Criminal Law Article;
	186	+	(4) A child at least 16 years old alleged to have committed any of the 29
	187	+	following crimes, as well as all other charges against the child arising out of the same 30
	188	+	incident, unless an order removing the proceeding to the court has been filed under § 31
	189	+	4–202 of the Criminal Procedure Article: 32
187	190
188		-	(xi) Carjacking or armed carjacking under § 3–405 of the Criminal
189		-	Law Article;
190		-	LAWRENCE J. HOGAN, JR., Governor Ch. 42
	191	+	(i) Abduction; 33
191	192
192		-	– 5 –
193		-	(xii) Assault in the first degree under § 3–202 of the Criminal Law
194		-	Article;
	193	+	(ii) Kidnapping; 34 HOUSE BILL 459 5
195	194
196		-	(xiii) Attempted murder in the second degree under § 2–206 of the
197		-	Criminal Law Article;
198	195
199		-	(xiv) Attempted rape in the second degree under § 3–310 of the
200		-	Criminal Law Article;
201	196
202		-	(xv) ~~Attempted robbery under § 3–403 of the Criminal Law Article~~; or
	197	+	(iii) Second degree murder; 1
203	198
204		-	(xvi) A violation of § 4–203, § 4–204, § 4–404, or § 4–405 of the
205		-	Criminal Law Article;
	199	+	(iv) Manslaughter, except involuntary manslaughter; 2
206	200
207		-	(5) A child who previously has been convicted as an adult of a felony and is
208		-	subsequently alleged to have committed an act that would be a felony if committed by an
209		-	adult, unless an order removing the proceeding to the court has been filed under § 4–202 of
210		-	the Criminal Procedure Article; or
	201	+	(v) Second degree rape; 3
211	202
212		-	(6) A peace order proceeding in which the victim, as defined in §
213		-	3–8A–01(cc)(1)(ii) of this subtitle, is a person eligible for relief, as defined in § 4–501 of the
214		-	Family Law Article.
	203	+	(vi) Robbery under § 3–403 of the Criminal Law Article; 4
215	204
216		-	[(e)] (F) If the child is charged with two or more violations of the Maryland
217		-	Vehicle Law, another traffic law or ordinance, or the State Boat Act, allegedly arising out
218		-	of the same incident and which would result in the child being brought before both the court
219		-	and a court exercising criminal jurisdiction, the court has exclusive jurisdiction over all of
220		-	the charges.
	205	+	(vii) Third degree sexual offense under § 3–307(a)(1) of the Criminal 5
	206	+	Law Article; 6
221	207
222		-	(a) In ~~addition to the jurisdiction specified in Subtitle 8~~ of ~~this title~~, ~~the court has~~
223		-	~~exclusive original jurisdiction over:~~
	208	+	(viii) A crime in violation of § 5–133, § 5–134, § 5–138, or § 5–203 of 7
	209	+	the Public Safety Article; 8
224	210
225		-	(1) A child [who]:
	211	+	(ix) Using, wearing, carrying, or transporting a firearm during and 9
	212	+	in relation to a drug trafficking crime under § 5–621 of the Criminal Law Article; 10
226	213
227		-	(I) ~~WHO is AT LEAST 13 YEARS OLD alleged to be delinquent~~; or
	214	+	(x) Use of a firearm under § 5–622 of the Criminal Law Article; 11
228	215
229		-	(II) ~~EXCEPT AS PROVIDED IN SUBSECTION (D)~~ OF ~~THIS SECTION,~~
230		-	~~WHO IS AT LEAST 10 YEARS OLD ALLEGED TO HAVE COMMITTED AN AC T:~~
	216	+	(xi) Carjacking or armed carjacking under § 3–405 of the Criminal 12
	217	+	Law Article; 13
231	218
232		-	~~1. THAT,~~ ~~IF COMMITTED BY AN A DULT,~~ ~~WOULD~~
233		-	~~CONSTITUTE:~~
	219	+	(xii) Assault in the first degree under § 3–202 of the Criminal Law 14
	220	+	Article; 15
234	221
235		-	A. A CRIME PUNISHABLE BY LIFE IMPRISONMENT ;
	222	+	(xiii) Attempted murder in the second degree under § 2–206 of the 16
	223	+	Criminal Law Article; 17
236	224
237		-	~~B. FIRST~~ DEGREE ~~CHILD AB USE~~ UNDER § 3–~~601~~ OF THE
238		-	CRIMINAL LAW ARTICLE; ~~Ch. 42 2022 LAWS OF MARYLAND~~
	225	+	(xiv) Attempted rape in the second degree under § 3–310 of the 18
	226	+	Criminal Law Article; 19
239	227
240		-	– ~~6 –~~
	228	+	(xv) Attempted robbery under § 3–403 of the Criminal Law Article; or 20
241	229
242		-	~~C. SEXUAL ABUSE~~ OF ~~A MIN~~ OR ~~UNDER~~ § 3–~~602(B)~~ OF THE
243		-	CRIMINAL LAW ARTICLE;
	230	+	(xvi) A violation of § 4–203, § 4–204, § 4–404, or § 4–405 of the 21
	231	+	Criminal Law Article; 22
244	232
245		-	D. SECOND DEGREE MURDER UNDER § 2–204 OF THE
246		-	CRIMINAL LAW ARTICLE;
	233	+	(5) A child who previously has been convicted as an adult of a felony and is 23
	234	+	subsequently alleged to have committed an act that would be a felony if committed by an 24
	235	+	adult, unless an order removing the proceeding to the court has been filed under § 4–202 of 25
	236	+	the Criminal Procedure Article; or 26
247	237
248		-	E. ARMED CARJACKING UNDE R § 3–405 OF THE
249		-	CRIMINAL LAW ARTICLE;
	238	+	(6) A peace order proceeding in which the victim, as defined in § 27
	239	+	3–8A–01(cc)(1)(ii) of this subtitle, is a person eligible for relief, as defined in § 4–501 of the 28
	240	+	Family Law Article. 29
	241	+	6 HOUSE BILL 459
250	242
251		-	F. SECOND DEGREE RAPE UN DER § 3–304 OF THE
252		-	CRIMINAL LAW ARTICLE;
253	243
254		-	G. CONTINUING COURSE OF CONDUCT WITH A CHILD
255		-	UNDER § 3–315 OF THE CRIMINAL LAW ARTICLE; OR
	244	+	[(e)] (F) If the child is charged with two or more violations of the Maryland 1
	245	+	Vehicle Law, another traffic law or ordinance, or the State Boat Act, allegedly arising out 2
	246	+	of the same incident and which would result in the child being brought before both the court 3
	247	+	and a court exercising criminal jurisdiction, the court has exclusive jurisdiction over all of 4
	248	+	the charges. 5
256	249
257		-	H. THIRD DEGREE SEXUAL O FFENSE UNDER § 3–307 OF
258		-	THE CRIMINAL LAW ARTICLE; OR A CRIME OF VIOLENCE , AS DEFINED IN § 14–101
259		-	OF THE CRIMINAL LAW ARTICLE; OR
	250	+	(a) In addition to the jurisdiction specified in Subtitle 8 of this title, the court has 6
	251	+	exclusive original jurisdiction over: 7
260	252
261		-	2. ARISING OUT OF THE SA ME INCIDENT AS AN AC T
262		-	LISTED IN ITEM 1 OF THIS ITEM;
	253	+	(1) A child [who]: 8
263	254
264		-	(2) ~~A CHILD~~ WHO IS ~~in need of supervision~~; [or]
	255	+	(I) WHO is AT LEAST 13 YEARS OLD alleged to be delinquent; or 9
265	256
266		-	(3) A CHILD who has received a citation for a violation;
	257	+	(II) EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION, 10
	258	+	WHO IS AT LEAST 10 YEARS OLD ALLEGED TO HAVE COMMITTED AN AC T: 11
267	259
268		-	~~[(2)] (4) Except as provided in subsection (d)(6) of this section,~~ a ~~peace~~
269		-	~~order proceeding in which the respondent is a child; and~~
	260	+	1. THAT, IF COMMITTED BY AN A DULT, WOULD 12
	261	+	CONSTITUTE: 13
270	262
271		-	~~[(3)] (5) Proceedings arising under the Interstate Compact on Juveniles~~.
	263	+	A. A CRIME PUNIS HABLE BY LIFE IMPRIS ONMENT; 14
272	264
273		-	(b) The court has concurrent jurisdiction over proceedings against an adult for
274		-	the violation of § 3–8A–30 of this subtitle. However, the court may waive its jurisdiction
275		-	under this subsection upon its own motion or upon the motion of any party to the
276		-	proceeding, if charges against the adult arising from the same incident are pending in the
277		-	criminal court. Upon motion by either the State’s Attorney or the adult charged under §
278		-	3–8A–30 of this subtitle, the court shall waive its jurisdiction, and the adult shall be tried
279		-	in the criminal court according to the usual criminal procedure.
	265	+	B. FIRST DEGREE CHILD AB USE UNDER § 3–601 OF THE 15
	266	+	CRIMINAL LAW ARTICLE; 16
280	267
281		-	(c) ~~The jurisdiction~~ of the ~~court is concurrent with that of the District Court in~~
282		-	~~any~~ criminal ~~case arising under the compulsory public school attendance laws of this State.~~
	268	+	C. SEXUAL ABUSE OF A MIN OR UNDER § 3–602(B) OF THE 17
	269	+	CRIMINAL LAW ARTICLE; 18
283	270
284		-	(d) The court does not have jurisdiction over: LAWRENCE J. HOGAN, JR., Governor Ch. 42
	271	+	D. SECOND DEGREE MURDER UNDER § 2–204 OF THE 19
	272	+	CRIMINAL LAW ARTICLE; 20
285	273
286		-	– 7 –
	274	+	E. ARMED CARJACKING UNDE R § 3–405 OF THE 21
	275	+	CRIMINAL LAW ARTICLE; 22
287	276
288		-	(1) A child at least 14 years old alleged to have done an act that, if
289		-	committed by an adult, would be a crime punishable by life imprisonment, as well as all
290		-	other charges against the child arising out of the same incident, unless an order removing
291		-	the proceeding to the court has been filed under § 4–202 of the Criminal Procedure Article;
	277	+	F. SECOND DEGREE RAPE UN DER § 3–304 OF THE 23
	278	+	CRIMINAL LAW ARTICLE; 24
292	279
293		-	(2) A child at least 16 years old alleged to have done an act in violation of
294		-	any provision of the Transportation Article or other traffic law or ordinance, except an act
295		-	that prescribes a penalty of incarceration;
	280	+	G. CONTINUING COURSE OF CONDUCT WITH A CHILD 25
	281	+	UNDER § 3–315 OF THE CRIMINAL LAW ARTICLE; OR 26
296	282
297		-	(3~~) A child at least 16 years old alleged to have done an act in violation~~ of
298		-	~~any provision~~ of ~~law~~, ~~rule, or regulation governing the use or operation of a boat, except an~~
299		-	~~act that prescribes a penalty~~ of ~~incarceration~~;
	283	+	H. THIRD DEGREE SEXUAL OFFENSE UNDER § 3–307 OF 27
	284	+	THE CRIMINAL LAW ARTICLE; OR A CRIME OF VIOLENCE , AS DEFINED IN § 14–101 28
	285	+	OF THE CRIMINAL LAW ARTICLE; OR 29
300	286
301		-	(4) A child at least 16 years old alleged to have committed any of the
302		-	following crimes, as well as all other charges against the child arising out of the same
303		-	incident, unless an order removing the proceeding to the court has been filed under §
304		-	4–202 of the Criminal Procedure Article:
	287	+	2. ARISING OUT OF THE SA ME INCIDENT AS AN AC T 30
	288	+	LISTED IN ITEM 1 OF THIS ITEM; 31 HOUSE BILL 459 7
305	289
306		-	(i) Abduction;
307	290
308		-	(ii) Kidnapping;
309	291
310		-	(~~iii~~) ~~Second degree murder~~;
	292	+	(2) A CHILD WHO IS in need of supervision; [or] 1
311	293
312		-	(iv) ~~Manslaughter, except involuntary manslaughter~~;
	294	+	(3) A CHILD who has received a citation for a violation; 2
313	295
314		-	(v) Second degree rape;
	296	+	[(2)] (4) Except as provided in subsection (d)(6) of this section, a peace 3
	297	+	order proceeding in which the respondent is a child; and 4
315	298
316		-	(vi) ~~Robbery~~ under ~~§ 3–403 of~~ the ~~Criminal Law Article;~~
	299	+	[(3)] (5) Proceedings arising under the Interstate Compact on Juveniles. 5
317	300
318		-	(vii) Third degree sexual offense under § 3–307(a)(1) of the Criminal
319		-	Law Article;
	301	+	(b) The court has concurrent jurisdiction over proceedings against an adult for 6
	302	+	the violation of § 3–8A–30 of this subtitle. However, the court may waive its jurisdiction 7
	303	+	under this subsection upon its own motion or upon the motion of any party to the 8
	304	+	proceeding, if charges against the adult arising from the same incident are pending in the 9
	305	+	criminal court. Upon motion by either the State’s Attorney or the adult charged under § 10
	306	+	3–8A–30 of this subtitle, the court shall waive its jurisdiction, and the adult shall be tried 11
	307	+	in the criminal court according to the usual criminal procedure. 12
320	308
321		-	(~~viii~~) ~~A crime~~ in ~~violation of § 5–133, § 5–134, § 5–138, or § 5–203 of~~
322		-	the Public ~~Safety Article;~~
	309	+	(c) The jurisdiction of the court is concurrent with that of the District Court in 13
	310	+	any criminal case arising under the compulsory public school attendance laws of this State. 14
323	311
324		-	(ix) Using, wearing, carrying, or transporting a firearm during and
325		-	in relation to a drug trafficking crime under § 5–621 of the Criminal Law Article;
	312	+	(d) The court does not have jurisdiction over: 15
326	313
327		-	(x) Use of a firearm under § 5–622 of the Criminal Law Article;
	314	+	(1) A child at least 14 years old alleged to have done an act that, if 16
	315	+	committed by an adult, would be a crime punishable by life imprisonment, as well as all 17
	316	+	other charges against the child arising out of the same incident, unless an order removing 18
	317	+	the proceeding to the court has been filed under § 4–202 of the Criminal Procedure Article; 19
328	318
329		-	(xi) ~~Carjacking or armed carjacking under § 3–405~~ of ~~the Criminal~~
330		-	Law ~~Article;~~
331		-	~~Ch.~~ ~~42 2022 LAWS~~ OF ~~MARYLAND~~
	319	+	(2) A child at least 16 years old alleged to have done an act in violation of 20
	320	+	any provision of the Transportation Article or other traffic law or ordinance, except an act 21
	321	+	that prescribes a penalty of incarceration; 22
332	322
333		-	~~– 8 –~~
334		-	~~(xii) Assault in~~ the ~~first degree under § 3–202~~ of ~~the Criminal Law~~
335		-	~~Article~~;
	323	+	(3) A child at least 16 years old alleged to have done an act in violation of 23
	324	+	any provision of law, rule, or regulation governing the use or operation of a boat, except an 24
	325	+	act that prescribes a penalty of incarceration; 25
336	326
337		-	(xiii) Attempted murder in the second degree under § 2–206 of the
338		-	Criminal Law Article;
	327	+	(4) A child at least 16 years old alleged to have committed any of the 26
	328	+	following crimes, as well as all other charges against the child arising out of the same 27
	329	+	incident, unless an order removing the proceeding to the court has been filed under § 28
	330	+	4–202 of the Criminal Procedure Article: 29
339	331
340		-	(xiv) Attempted rape in the second degree under § 3–310 of the
341		-	Criminal Law Article;
	332	+	(i) Abduction; 30
342	333
343		-	(xv) ~~Attempted robbery under § 3–403 of the Criminal Law Article~~; or
	334	+	(ii) Kidnapping; 31
344	335
345		-	(xvi) A violation of § 4–203, § 4–204, § 4–404, or § 4–405 of the
346		-	Criminal Law Article;
	336	+	(iii) Second degree murder; 32 8 HOUSE BILL 459
347	337
348		-	(5) A child who previously has been convicted as an adult of a felony and is
349		-	subsequently alleged to have committed an act that would be a felony if committed by an
350		-	adult, unless an order removing the proceeding to the court has been filed under § 4–202 of
351		-	the Criminal Procedure Article; [or]
352	338
353		-	(6) A peace order proceeding in which the victim, as defined in §
354		-	3–8A–01(cc)(1)(ii) of this subtitle, is a person eligible for relief, as defined in § 4–501 of the
355		-	Family Law Article; OR
356	339
357		-	(7) EXCEPT AS PROVIDED IN SUBSECTION (A)(1)(II) OF THIS SECTION,
358		-	A DELINQUENCY PROCEE DING AGAINST A CHILD WHO IS UNDER THE AGE OF 13
359		-	YEARS.
	340	+	(iv) Manslaughter, except involuntary manslaughter; 1
360	341
361		-	(e) If the child is charged with two or more violations of the Maryland Vehicle
362		-	Law, another traffic law or ordinance, or the State Boat Act, allegedly arising out of the
363		-	same incident and which would result in the child being brought before both the court and
364		-	a court exercising criminal jurisdiction, the court has exclusive jurisdiction over all of the
365		-	charges.
	342	+	(v) Second degree rape; 2
366	343
367		-	(F) A CHILD UNDER THE AGE OF 13 YEARS MAY NOT BE CHA RGED WITH A
368		-	CRIME.
	344	+	(vi) Robbery under § 3–403 of the Criminal Law Article; 3
369	345
370		-	3–8A–10.
	346	+	(vii) Third degree sexual offense under § 3–307(a)(1) of the Criminal 4
	347	+	Law Article; 5
371	348
372		-	(c) (4) (i) 1. [If] EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 2
373		-	OF THIS SUBPARAGRAPH , IF a complaint is filed that alleges the commission of an act
374		-	which would be a felony if committed by an adult or alleges a violation of § 4–203 or §
375		-	4–204 of the Criminal Law Article, and if the intake officer denies authorization to file a
376		-	petition or proposes an informal adjustment, the intake officer shall immediately:
	349	+	(viii) A crime in violation of § 5–133, § 5–134, § 5–138, or § 5–203 of 6
	350	+	the Public Safety Article; 7
377	351
378		-	[1.] A. Forward the complaint to the State’s Attorney; and LAWRENCE J. HOGAN, JR., Governor Ch. 42
	352	+	(ix) Using, wearing, carrying, or transporting a firearm during and 8
	353	+	in relation to a drug trafficking crime under § 5–621 of the Criminal Law Article; 9
379	354
380		-	– ~~9 –~~
	355	+	(x) Use of a firearm under § 5–622 of the Criminal Law Article; 10
381	356
382		-	~~[2.] B.~~ ~~Forward a copy~~ of the ~~entire intake case file to the~~
383		-	~~State’s Attorney with information as to any and all prior intake involvement with the child.~~
	357	+	(xi) Carjacking or armed carjacking under § 3–405 of the Criminal 11
	358	+	Law Article; 12
384	359
385		-	2. FOR A COMPLAINT THAT ALLEGES THE COMMISSI ON
386		-	OF AN ACT THAT WOULD BE A FELONY IF COMMI TTED BY AN ADULT , THE INTAKE
387		-	OFFICER IS NOT REQUI RED TO FORWARD THE C OMPLAINT AND COPY OF THE INTAKE
388		-	CASE FILE TO THE STATE’S ATTORNEY IF:
	360	+	(xii) Assault in the first degree under § 3–202 of the Criminal Law 13
	361	+	Article; 14
389	362
390		-	A. THE ~~INTAKE OFFICER PR OPOSES~~ THE ~~MATTER FO R~~
391		-	~~INFORMAL ADJUSTMENT~~ ;
	363	+	(xiii) Attempted murder in the second degree under § 2–206 of the 15
	364	+	Criminal Law Article; 16
392	365
393		-	B. THE ACT DID NOT INVOL VE THE INTENTIONAL
394		-	CAUSING OF, OR ATTEMPT TO CAUSE , THE DEATH OF OR PHYS ICAL INJURY TO
395		-	ANOTHER; AND
	366	+	(xiv) Attempted rape in the second degree under § 3–310 of the 17
	367	+	Criminal Law Article; 18
396	368
397		-	C. THE ACT WOULD NOT BE A CRIME OF VI OLENCE, AS
398		-	DEFINED UNDER § 14–101 OF THE CRIMINAL LAW ARTICLE, IF COMMITTED BY AN
399		-	ADULT.
	369	+	(xv) Attempted robbery under § 3–403 of the Criminal Law Article; or 19
400	370
401		-	(ii) The State’s Attorney shall make a preliminary review as to
402		-	whether the court has jurisdiction and whether judicial action is in the best interests of the
403		-	public or the child. The need for restitution may be considered as one factor in the public
404		-	interest. After the preliminary review the State’s Attorney shall, within 30 days of the
405		-	receipt of the complaint by the State’s Attorney, unless the court extends the time:
	371	+	(xvi) A violation of § 4–203, § 4–204, § 4–404, or § 4–405 of the 20
	372	+	Criminal Law Article; 21
406	373
407		-	1. File a petition or a peace order request or both;
	374	+	(5) A child who previously has been convicted as an adult of a felony and is 22
	375	+	subsequently alleged to have committed an act that would be a felony if committed by an 23
	376	+	adult, unless an order removing the proceeding to the court has been filed under § 4–202 of 24
	377	+	the Criminal Procedure Article; [or] 25
408	378
409		-	2. Refer the complaint to the Department of Juvenile
410		-	Services for informal disposition; or
	379	+	(6) A peace order proceeding in which the victim, as defined in § 26
	380	+	3–8A–01(cc)(1)(ii) of this subtitle, is a person eligible for relief, as defined in § 4–501 of the 27
	381	+	Family Law Article; OR 28
	382	+	HOUSE BILL 459 9
411	383
412		-	3. Dismiss the complaint.
413	384
414		-	(iii) This subsection may not be construed or interpreted to limit the
415		-	authority of the State’s Attorney to seek a waiver under § 3–8A–06 of this subtitle.
	385	+	(7) EXCEPT AS PROVIDED IN SUBSECTION (A)(1)(II) OF THIS SECTION, 1
	386	+	A DELINQUENCY PROCEE DING AGAINST A CHILD WHO IS UNDER THE AGE OF 13 2
	387	+	YEARS. 3
416	388
417		-	(e) (1) (I) [The] SUBJECT TO SUBPARAGRA PH (II) OF THIS
418		-	PARAGRAPH , THE intake officer [may propose an informal adjustment of the matter if],
419		-	based on the complaint and the inquiry, [the intake officer concludes] AND AFTER
420		-	CONCLUDING that the court has jurisdiction [but that], MAY PROPOSE AN INFOR MAL
421		-	ADJUSTMENT OF THE MA TTER IF THE INTAKE O FFICER CONCLUDES THA T an
422		-	informal adjustment, rather than judicial action, is in the best interests of the public and
423		-	the child.
424		-	Ch. 42 2022 LAWS OF MARYLAND
	389	+	(e) If the child is charged with two or more violations of the Maryland Vehicle 4
	390	+	Law, another traffic law or ordinance, or the State Boat Act, allegedly arising out of the 5
	391	+	same incident and which would result in the child being brought before both the court and 6
	392	+	a court exercising criminal jurisdiction, the court has exclusive jurisdiction over all of the 7
	393	+	charges. 8
425	394
426		-	– 10 –
427		-	(II) THE INTAKE OFFICER SH ALL PROPOSE AN INFOR MAL
428		-	ADJUSTMENT OF THE MA TTER IF:
	395	+	(F) A CHILD UNDER THE AGE OF 13 YEARS MAY NOT BE CHA RGED WITH A 9
	396	+	CRIME. 10
429	397
430		-	1. THE CHILD WHO IS THE SUBJECT OF THE COMPL AINT
431		-	HAS NOT BEEN PREVIOU SLY:
	398	+	3–8A–10. 11
432	399
433		-	A. ADJUDICATED DELINQUENT ; OR
	400	+	(c) (4) (i) 1. [If] EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 2 12
	401	+	OF THIS SUBPARAGRAPH , IF a complaint is filed that alleges the commission of an act 13
	402	+	which would be a felony if committed by an adult or alleges a violation of § 4–203 or § 14
	403	+	4–204 of the Criminal Law Article, and if the intake officer denies authorization to file a 15
	404	+	petition or proposes an informal adjustment, the intake officer shall immediately: 16
434	405
435		-	B. ~~REFERRED FOR AN INFO RMAL ADJUSTMENT~~ ;
	406	+	[1.] A. Forward the complaint to the State’s Attorney; and 17
436	407
437		-	2. A. THE COMPLAINT ALLEGES THAT THE CHILD
438		-	COMMITTED AN ACT THA T WOULD BE A MISDEME ANOR IF COMMITTED BY AN ADULT;
439		-	OR
	408	+	[2.] B. Forward a copy of the entire intake case file to the 18
	409	+	State’s Attorney with information as to any and all prior intake involvement with the child. 19
440	410
441		-	B. IF THE COMPLAINT ALLE GES THAT THE CHILD
442		-	COMMITTED AN ACT THA T WOULD BE A FELONY IF COMMITTED BY AN ADUL T, THE
443		-	ACT DID NOT INVOLVE THE INTENTIONAL CAUS ING OF, OR ATTEMPT TO CAUSE , THE
444		-	DEATH OF OR PHYSICAL INJURY TO ANOTHER AN D WOULD NOT BE A CRI ME OF
445		-	VIOLENCE, AS DEFINED UNDER § 14–101 OF THE CRIMINAL LAW ARTICLE, IF
446		-	COMMITTED BY AN ADUL T; AND
	411	+	2. FOR A COMPLAINT THAT ALLEGES THE COMMISSI ON 20
	412	+	OF AN ACT THAT WOULD BE A FELONY IF COMMI TTED BY AN ADULT , THE INTAKE 21
	413	+	OFFICER IS NOT REQUI RED TO FORWARD THE C OMPLAINT AND COPY OF THE INTAKE 22
	414	+	CASE FILE TO THE STATE’S ATTORNEY IF: 23
447	415
448		-	3. THE ~~COMPLAINT DOES NO T ALLEGE AN ACT~~
449		-	~~INVOLVING THE USE OR POSSESSION OF A FIRE ARM.~~
	416	+	A. THE INTAKE OFFICER PR OPOSES THE MATTER FO R 24
	417	+	INFORMAL ADJUSTMENT ; 25
450	418
451		-	(2) (I) [The] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
452		-	PARAGRAPH , THE intake officer shall propose an informal adjustment by informing the
453		-	victim, the child, and the child’s parent or guardian of the nature of the complaint, the
454		-	objectives of the adjustment process, and the conditions and procedures under which it will
455		-	be conducted.
	419	+	B. THE ACT DID NOT INVOL VE THE INTENTIONAL 26
	420	+	CAUSING OF, OR ATTEMPT TO CAUSE , THE DEATH OF OR PHYS ICAL INJURY TO 27
	421	+	ANOTHER; AND 28
456	422
457		-	(II) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBS ECTION,
458		-	THE INTAKE OFFICER M AY PROCEED WITH AN I NFORMAL ADJUSTMENT W ITHOUT
459		-	INFORMING THE VICTIM AS REQUIRED BY SUBPA RAGRAPH (I) OF THIS PARAGRAPH
460		-	IF THE INTAKE OFFICE R HAS MADE REASONABL E EFFORTS TO CONTACT THE VICTI M
461		-	FOR THE PURPOSE OF I NFORMING THE VICTIM UNDER SUBPARAGRAPH (I) OF THIS
462		-	PARAGRAPH .
	423	+	C. THE ACT WOULD NOT BE A CRIME OF VIOL ENCE, AS 29
	424	+	DEFINED UNDER § 14–101 OF THE CRIMINAL LAW ARTICLE, IF COMMITTED BY AN 30
	425	+	ADULT. 31
463	426
464		-	(3) The ~~intake officer may not proceed with an informal adjustment unless~~
465		-	~~[the victim,]~~ the ~~child[,]~~ and ~~the child’s parent or guardian consent to~~ the ~~informal~~
466		-	~~adjustment procedure~~.
	427	+	(ii) The State’s Attorney shall make a preliminary review as to 32
	428	+	whether the court has jurisdiction and whether judicial action is in the best interests of the 33
	429	+	public or the child. The need for restitution may be considered as one factor in the public 34 10 HOUSE BILL 459
467	430
468		-	(N) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , AT ANY TIME
469		-	BEFORE AN ADJUDICATO RY HEARING, THE COURT MAY HOLD T HE PROCEEDINGS IN
470		-	ABEYANCE FOR INFORMA L ADJUSTMENT IF CONS ENTED TO BY: LAWRENCE J. HOGAN, JR., Governor Ch. 42
471	431
472		-	– 11 –
	432	+	interest. After the preliminary review the State’s Attorney shall, within 30 days of the 1
	433	+	receipt of the complaint by the State’s Attorney, unless the court extends the time: 2
473	434
474		-	~~(I) THE STATE’S ATTORNEY~~;
	435	+	1. File a petition or a peace order request or both; 3
475	436
476		-	~~(II)~~ THE ~~CHILD WHO IS~~ THE ~~SUBJECT~~ OF ~~THE PETIT ION AND THE~~
477		-	~~CHILD’S COUNSEL~~; ~~AND~~
	437	+	2. Refer the complaint to the Department of Juvenile 4
	438	+	Services for informal disposition; or 5
478	439
479		-	~~(III)~~ THE ~~COURT~~.
	440	+	3. Dismiss the complaint. 6
480	441
481		-	(2) ~~(I) IF~~ THE ~~CHILD SUCCESSF ULLY COMPLETES THE I NFORMAL~~
482		-	~~ADJUSTMENT ,~~ THE ~~COURT SHALL DISM ISS THE DELINQUENCY PETITION~~.
	442	+	(iii) This subsection may not be construed or interpreted to limit the 7
	443	+	authority of the State’s Attorney to seek a waiver under § 3–8A–06 of this subtitle. 8
483	444
484		-	(II) IF THE CHILD DOES NOT SUCCESSFULLY COMPLET E THE
485		-	INFORMAL ADJUSTMENT , THE COURT SHALL RESU ME PROCEEDINGS UNDER THIS
486		-	SUBTITLE AGAINST THE CHILD.
	445	+	(e) (1) (I) [The] SUBJECT TO SUBPARAGRA PH (II) OF THIS 9
	446	+	PARAGRAPH , THE intake officer [may propose an informal adjustment of the matter if], 10
	447	+	based on the complaint and the inquiry, [the intake officer concludes] AND AFTER 11
	448	+	CONCLUDING that the court has jurisdiction [but that], MAY PROPOSE AN INFOR MAL 12
	449	+	ADJUSTMENT OF THE MA TTER IF THE INTAKE O FFICER CONCLUDES THA T an 13
	450	+	informal adjustment, rather than judicial action, is in the best interests of the public and 14
	451	+	the child. 15
487	452
488		-	3–8A–15.
	453	+	(II) THE INTAKE OFFICER SH ALL PROPOSE AN INFOR MAL 16
	454	+	ADJUSTMENT OF THE MA TTER IF: 17
489	455
490		-	(b) (1) [If] SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS SUBSECTION ,
491		-	IF a child is taken into custody under this subtitle, the child may be placed in detention or
492		-	community detention prior to a hearing if:
	456	+	1. THE CHILD WHO IS THE SUBJECT OF THE COMPL AINT 18
	457	+	HAS NOT BEEN PREVIOU SLY: 19
493	458
494		-	~~[(1)] (I) Such action is required to protect the child or others~~; or
	459	+	A. ADJUDICATED DELINQUENT ; OR 20
495	460
496		-	~~[(2)] (II) The child is likely to leave the jurisdiction of the court~~.
	461	+	B. REFERRED FOR AN INFO RMAL ADJUSTMENT ; 21
497	462
498		-	(2) (I) IN THIS PARAGRAPH , “RISK SCORING INSTRUM ENT” MEANS
499		-	A TOOL, A METRIC, AN ALGORITHM , OR SOFTWARE THAT :
	463	+	2. A. THE COMPLAINT ALLEGES THAT THE CHILD 22
	464	+	COMMITTED AN ACT THA T WOULD BE A MISDEME ANOR IF COMMITTED BY AN ADULT; 23
	465	+	OR 24
500	466
501		-	1. IS USED TO ASSIST IN DETERMINING THE ELIG IBILITY
502		-	OF A CHILD FOR RELEA SE BEFORE A HEARING ; AND
	467	+	B. IF THE COMPLAINT ALLE GES THAT THE CHILD 25
	468	+	COMMITTED AN ACT THA T WOULD BE A FELONY IF COM MITTED BY AN ADULT , THE 26
	469	+	ACT DID NOT INVOLVE THE INTENTIONAL CAUS ING OF, OR ATTEMPT TO CAUSE , THE 27
	470	+	DEATH OF OR PHYSICAL INJURY TO ANOTHER AN D WOULD NOT BE A CRI ME OF 28
	471	+	VIOLENCE, AS DEFINED UNDER § 14–101 OF THE CRIMINAL LAW ARTICLE, IF 29
	472	+	COMMITTED BY AN ADULT ; AND 30
503	473
504		-	2. HAS BEEN INDEPENDENTLY VALIDA TED AT LEAST
505		-	ONCE IN THE PRECEDIN G 5 YEARS.
	474	+	3. THE COMPLAINT DOES NO T ALLEGE AN ACT 31
	475	+	INVOLVING THE USE OR POSSESSION OF A FIRE ARM. 32
	476	+	HOUSE BILL 459 11
506	477
507		-	(II) THE COURT OR AN INTAK E OFFICER SHALL CONS IDER THE
508		-	RESULTS OF A RISK SC ORING INSTRUMENT BEF ORE PLACING A CHILD IN
509		-	DETENTION.
510	478
511		-	(3) A CHILD ALLEGED TO HAV E COMMITTED A DELINQ UENT ACT MAY
512		-	NOT BE PLACED IN DET ENTION BEFORE A HEAR ING IF THE MOST SERI OUS OFFENSE
513		-	WOULD BE A MISDEMEAN OR IF COMMITTED BY A N ADULT, UNLESS:
514		-	Ch. 42 2022 LAWS OF MARYLAND
	479	+	(2) (I) [The] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 1
	480	+	PARAGRAPH , THE intake officer shall propose an informal adjustment by informing the 2
	481	+	victim, the child, and the child’s parent or guardian of the nature of the complaint, the 3
	482	+	objectives of the adjustment process, and the conditions and procedures under which it will 4
	483	+	be conducted. 5
515	484
516		-	– 12 –
517		-	(I) THE ACT INVOLVED A HA NDGUN AND WOULD BE A
518		-	VIOLATION UNDER THE CRIMINAL LAW ARTICLE OR THE PUBLIC SAFETY ARTICLE
519		-	IF COMMITTED BY AN ADULT ; OR
	485	+	(II) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBS ECTION, 6
	486	+	THE INTAKE OFFICER M AY PROCEED WITH AN I NFORMAL ADJUSTMENT W ITHOUT 7
	487	+	INFORMING THE VICTIM AS REQUIRED BY SUBPA RAGRAPH (I) OF THIS PARAGRAPH 8
	488	+	IF THE INTAKE OFFICE R HAS MADE REASONABL E EFFORTS TO CONTACT THE VICTI M 9
	489	+	FOR THE PURPOSE OF I NFORMING THE VICTIM UNDER SUBPARAGRAPH (I) OF THIS 10
	490	+	PARAGRAPH . 11
520	491
521		-	(II) THE CHILD HAS BEEN AD JUDICATED DELINQUENT AT
522		-	LEAST TWICE IN THE P RECEDING 12 MONTHS.
	492	+	(3) The intake officer may not proceed with an informal adjustment unless 12
	493	+	[the victim,] the child[,] and the child’s parent or guardian consent to the informal 13
	494	+	adjustment procedure. 14
523	495
524		-	[(e) Notwithstanding any other provision of this section, detention may not be
525		-	continued beyond emergency detention for a child under the age of 12 years unless:
	496	+	(N) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , AT ANY TIME 15
	497	+	BEFORE AN ADJUDICATO RY HEARING, THE COURT MAY HOLD T HE PROCEEDINGS IN 16
	498	+	ABEYANCE FOR INFORMA L ADJUSTMENT IF C ONSENTED TO BY : 17
526	499
527		-	(1) The child is alleged to have committed an act that, if committed by an
528		-	adult, would be a crime of violence as defined under § 14–101 of the Criminal Law Article;
529		-	or
	500	+	(I) THE STATE’S ATTORNEY; 18
530	501
531		-	(2) The child is likely to leave the jurisdiction of the court.]
	502	+	(II) THE CHILD WHO IS THE SUBJECT OF THE PETIT ION AND THE 19
	503	+	CHILD’S COUNSEL; AND 20
532	504
533		-	[(f)] (E) (1) Detention or community detention may not be continued beyond
534		-	emergency detention or community detention unless, upon an order of court after a hearing,
535		-	the court has found that one or more of the circumstances stated in subsection (b) of this
536		-	section exist.
	505	+	(III) THE COURT. 21
537	506
538		-	(2) A court order under this paragraph shall:
	507	+	(2) (I) IF THE CHILD SUCCESSF ULLY COMPLETES THE I NFORMAL 22
	508	+	ADJUSTMENT , THE COURT SHALL DISM ISS THE DELINQUENCY PETITION . 23
539	509
540		-	(i) Contain a written determination of whether or not the criteria
541		-	contained in subsection (c)(1) and (2) of this section have been met; and
	510	+	(II) IF THE CHILD DOES NOT SUCCESSFULLY COMPLET E THE 24
	511	+	INFORMAL ADJUSTMENT , THE COURT SHALL RESU ME PROCEEDINGS UNDER THIS 25
	512	+	SUBTITLE AGAINST THE CHILD. 26
542	513
543		-	(ii) Specify which of the circumstances stated in subsection (b) of this
544		-	section exist.
	514	+	3–8A–15. 27
545	515
546		-	(3) ~~(i) If the court has not specifically prohibited community detention~~,
547		-	~~the Department of Juvenile Services may release~~ the child ~~from~~ detention ~~into community~~
548		-	detention ~~and place the child in~~:
	516	+	(b) (1) [If] SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS SUBSECTION , 28
	517	+	IF a child is taken into custody under this subtitle, the child may be placed in detention or 29
	518	+	community detention prior to a hearing if: 30
549	519
550		-	1~~. Shelter care~~; or
	520	+	[(1)] (I) Such action is required to protect the child or others; or 31
551	521
552		-	2. The custody of the child’s parent, guardian, custodian, or
553		-	other person able to provide supervision and care for the child and to return the child to
554		-	court when required.
	522	+	[(2)] (II) The child is likely to leave the jurisdiction of the court. 32
	523	+	12 HOUSE BILL 459
555	524
556		-	(ii) If a child who has been released by the Department of Juvenile
557		-	Services or the court into community detention violates the conditions of community
558		-	detention, and it is necessary to protect the child or others, an intake officer may authorize
559		-	the detention of the child.
560		-	LAWRENCE J. HOGAN, JR., Governor Ch. 42
561	525
562		-	– 13 –
563		-	(iii) The Department of Juvenile Services shall promptly notify the
564		-	court of:
	526	+	(2) (I) IN THIS PARAGRAPH , “RISK SCORING INSTRUM ENT” MEANS 1
	527	+	A TOOL, A METRIC, AN ALGORITHM , OR SOFTWARE THAT : 2
565	528
566		-	1. The ~~release of a child from detention under subparagraph~~
567		-	~~(i)~~ of ~~this paragraph~~; or
	529	+	1. IS USED TO ASSIST IN DETERMINING THE ELIG IBILITY 3
	530	+	OF A CHILD FOR RELEA SE BEFORE A HEARING ; AND 4
568	531
569		-	2. ~~The return to detention of a child under subparagraph (ii)~~
570		-	~~of this paragraph~~.
	532	+	2. HAS BEEN INDEPENDENTLY VALIDA TED AT LEAST 5
	533	+	ONCE IN THE PRECEDIN G 5 YEARS. 6
571	534
572		-	~~(iv) 1. If a child is returned to detention under subparagraph~~ (ii)
573		-	of ~~this paragraph, the intake officer who authorized detention shall immediately file~~ a
574		-	~~petition to authorize continued~~ detention.
	535	+	(II) THE COURT OR AN INTAK E OFFICER SHALL CONS IDER THE 7
	536	+	RESULTS OF A RISK SC ORING INSTRUMENT BEF ORE PLACING A CHILD IN 8
	537	+	DETENTION. 9
575	538
576		-	2. A ~~hearing on the petition~~ to ~~authorize continued detention~~
577		-	~~shall~~ be ~~held no later than~~ the ~~next court day,~~ ~~unless extended for no more than 5 days by~~
578		-	~~the court on good cause shown.~~
	539	+	(3) A CHILD ALLEGED TO HAV E COMMITTED A DELINQ UENT ACT MAY 10
	540	+	NOT BE PLACED IN DET ENTION BEFORE A HEAR ING IF THE MOST SERI OUS OFFENSE 11
	541	+	WOULD BE A MISDEMEAN OR IF COMMITTED BY A N ADULT, UNLESS: 12
579	542
580		-	~~3. Reasonable notice, oral or written, stating~~ the ~~time, place,~~
581		-	~~and purpose of~~ the ~~hearing, shall be given to~~ the ~~child and,~~ ~~if they can be located, the child’s~~
582		-	~~parents, guardian,~~ or ~~custodian.~~
	543	+	(I) THE ACT INVOLVED A HA NDGUN AND WOULD BE A 13
	544	+	VIOLATION UNDER THE CRIMINAL LAW ARTICLE OR THE PUBLIC SAFETY ARTICLE 14
	545	+	IF COMMITTED BY AN ADULT ; OR 15
583	546
584		-	~~[(g)]~~ (F) ~~(1) Shelter care may only be continued beyond emergency shelter~~
585		-	~~care if~~ the ~~court has found that:~~
	547	+	(II) THE CHILD HAS BEEN AD JUDICATED DELINQUENT AT 16
	548	+	LEAST TWICE IN THE P RECEDING 12 MONTHS. 17
586	549
587		-	(i) ~~Continuation~~ of ~~the child in the child’s home is contrary to the~~
588		-	~~welfare~~ of ~~the child;~~ ~~and~~
	550	+	[(e) Notwithstanding any other provision of this section, detention may not be 18
	551	+	continued beyond emergency detention for a child under the age of 12 years unless: 19
589	552
590		-	(ii) 1. Removal of the child from the child’s home is necessary
591		-	due to an alleged emergency situation and in order to provide for the safety of the child; or
	553	+	(1) The child is alleged to have committed an act that, if committed by an 20
	554	+	adult, would be a crime of violence as defined under § 14–101 of the Criminal Law Article; 21
	555	+	or 22
592	556
593		-	2. Reasonable but unsuccessful efforts were made to prevent
594		-	or eliminate the need for removal of the child from the home.
	557	+	(2) The child is likely to leave the jurisdiction of the court.] 23
595	558
596		-	(2) (i) If the court continues shelter care on the basis of an alleged
597		-	emergency, the court shall assess whether the absence of efforts to prevent removal was
598		-	reasonable.
	559	+	[(f)] (E) (1) Detention or community detention may not be continued beyond 24
	560	+	emergency detention or community detention unless, upon an order of court after a hearing, 25
	561	+	the court has found that one or more of the circumstances stated in subsection (b) of this 26
	562	+	section exist. 27
599	563
600		-	(ii) If the court finds that the absence of efforts to prevent removal
601		-	was not reasonable, the court shall make a written determination so stating.
	564	+	(2) A court order under this paragraph shall: 28
602	565
603		-	(3) The court shall make a determination as to whether reasonable efforts
604		-	are being made to make it possible to return the child to the child’s home or whether the
605		-	absence of such efforts is reasonable.
	566	+	(i) Contain a written determination of whether or not the criteria 29
	567	+	contained in subsection (c)(1) and (2) of this section have been met; and 30
606	568
607		-	~~[(h)]~~ (G) ~~A child alleged to be delinquent may not be detained~~ in ~~a jail or other~~
608		-	~~facility for the detention of adults~~. ~~Ch. 42~~ ~~2022 LAWS OF MARYLAND~~
	569	+	(ii) Specify which of the circumstances stated in subsection (b) of this 31
	570	+	section exist. 32 HOUSE BILL 459 13
609	571
610		-	– 14 –
611	572
612		-	[(i)] (H) (1) A child alleged to be in need of supervision may not be placed in:
613	573
614		-	(i) Detention or community detention;
	574	+	(3) (i) If the court has not specifically prohibited community detention, 1
	575	+	the Department of Juvenile Services may release the child from detention into community 2
	576	+	detention and place the child in: 3
615	577
616		-	~~(ii) A State mental health facility~~; or
	578	+	1. Shelter care; or 4
617	579
618		-	(iii) A shelter care facility that is not operating in compliance with
619		-	applicable State licensing laws.
	580	+	2. The custody of the child’s parent, guardian, custodian, or 5
	581	+	other person able to provide supervision and care for the child and to return the child to 6
	582	+	court when required. 7
620	583
621		-	(2) ~~Subject to paragraph (1)(iii) of this subsection,~~ a child ~~alleged to be in~~
622		-	~~need~~ of ~~supervision may be placed in shelter care facilities maintained or approved by the~~
623		-	~~Social Services Administration~~ or ~~the Department of Juvenile Services or in a private home~~
624		-	~~or shelter care facility approved by~~ the ~~court~~.
	584	+	(ii) If a child who has been released by the Department of Juvenile 8
	585	+	Services or the court into community detention violates the conditions of community 9
	586	+	detention, and it is necessary to protect the child or others, an intake officer may authorize 10
	587	+	the detention of the child. 11
625	588
626		-	(3) The Secretary of Human Services and the Secretary of Juvenile
627		-	Services together, when appropriate, with the Secretary of Health shall jointly adopt
628		-	regulations to ensure that any child placed in shelter care pursuant to a petition filed under
629		-	subsection (d) of this section be provided appropriate services, including:
	589	+	(iii) The Department of Juvenile Services shall promptly notify the 12
	590	+	court of: 13
630	591
631		-	(i) Health care services;
	592	+	1. The release of a child from detention under subparagraph 14
	593	+	(i) of this paragraph; or 15
632	594
633		-	(ii) Counseling services;
	595	+	2. The return to detention of a child under subparagraph (ii) 16
	596	+	of this paragraph. 17
634	597
635		-	(iii) Education services;
	598	+	(iv) 1. If a child is returned to detention under subparagraph (ii) 18
	599	+	of this paragraph, the intake officer who authorized detention shall immediately file a 19
	600	+	petition to authorize continued detention. 20
636	601
637		-	(iv) Social work services; and
	602	+	2. A hearing on the petition to authorize continued detention 21
	603	+	shall be held no later than the next court day, unless extended for no more than 5 days by 22
	604	+	the court on good cause shown. 23
638	605
639		-	(v) Drug and alcohol abuse assessment or treatment services.
	606	+	3. Reasonable notice, oral or written, stating the time, place, 24
	607	+	and purpose of the hearing, shall be given to the child and, if they can be located, the child’s 25
	608	+	parents, guardian, or custodian. 26
640	609
641		-	(4) In addition to any other provision, the regulations shall require:
	610	+	[(g)] (F) (1) Shelter care may only be continued beyond emergency shelter 27
	611	+	care if the court has found that: 28
642	612
643		-	(i) The Department of Juvenile Services to develop a plan within 45
644		-	days of placement of a child in a shelter care facility to assess the child’s treatment needs;
645		-	and
	613	+	(i) Continuation of the child in the child’s home is contrary to the 29
	614	+	welfare of the child; and 30
646	615
647		-	(ii) The plan to be submitted to all parties to the petition and their
648		-	counsel.
	616	+	(ii) 1. Removal of the child from the child’s home is necessary 31
	617	+	due to an alleged emergency situation and in order to provide for the safety of the child; or 32
	618	+	14 HOUSE BILL 459
649	619
650		-	[(j)] (I) The intake officer or the official who authorized detention, community
651		-	detention, or shelter care under this subtitle shall immediately give written notice of the
652		-	authorization for detention, community detention, or shelter care to the child’s parent,
653		-	guardian, or custodian and to the court. The notice shall be accompanied by a statement of
654		-	the reasons for taking the child into custody and placing him in detention, community
655		-	detention, or shelter care. This notice may be combined with the notice required under
656		-	subsection (d) of this section. LAWRENCE J. HOGAN, JR., Governor Ch. 42
657	620
658		-	– 15 –
	621	+	2. Reasonable but unsuccessful efforts were made to prevent 1
	622	+	or eliminate the need for removal of the child from the home. 2
659	623
660		-	[(k)] (J) (1) If a child is alleged to have committed a delinquent act, the court
661		-	or a juvenile intake officer shall consider including, as a condition of releasing the child
662		-	pending an adjudicatory or disposition hearing, reasonable protections for the safety of the
663		-	alleged victim.
	624	+	(2) (i) If the court continues shelter care on the basis of an alleged 3
	625	+	emergency, the court shall assess whether the absence of efforts to prevent removal was 4
	626	+	reasonable. 5
664	627
665		-	(2) If a victim has requested reasonable protections for safety, the court or
666		-	juvenile intake officer shall consider including, as a condition of releasing the child pending
667		-	an adjudicatory or disposition hearing, provisions regarding no contact with the alleged
668		-	victim or the alleged victim’s premises or place of employment.
	628	+	(ii) If the court finds that the absence of efforts to prevent removal 6
	629	+	was not reasonable, the court shall make a written determination so stating. 7
669	630
670		-	[(l)] (K) If a child remains in a facility used for detention [for the specific act for
671		-	which the child has been adjudicated delinquent for more than 25 days after the court has
672		-	made a disposition on a petition under § 3–8A–19 of this subtitle], the Department of
673		-	Juvenile Services shall:
	631	+	(3) The court shall make a determination as to whether reasonable efforts 8
	632	+	are being made to make it possible to return the child to the child’s home or whether the 9
	633	+	absence of such efforts is reasonable. 10
674	634
675		-	(1) [On the first available court date after the 25th day that the child
676		-	remains in a facility used for detention,] WITHIN 14 DAYS AFTER THE CHILD ’S INITIAL
677		-	DETENTION, appear at a hearing before the court with the child to explain the reasons for
678		-	continued detention; and
	635	+	[(h)] (G) A child alleged to be delinquent may not be detained in a jail or other 11
	636	+	facility for the detention of adults. 12
679	637
680		-	(2) Every [25] 14 days thereafter, appear at another hearing before the
681		-	court with the child to explain the reasons for continued detention.
	638	+	[(i)] (H) (1) A child alleged to be in need of supervision may not be placed in: 13
682	639
683		-	(L) WITHIN 10 DAYS AFTER A DECISIO N TO DETAIN A CHILD UNDER THIS
684		-	SUBTITLE IN A FACILI TY USED FOR DETENTIO N, THE DEPARTMENT OF JUVENILE
685		-	SERVICES SHALL SUBMIT A PLAN TO THE COURT FOR RELEASING THE CH ILD INTO
686		-	THE COMMUNITY .
	640	+	(i) Detention or community detention; 14
687	641
688		-	~~3–8A–19.~~
	642	+	(ii) A State mental health facility; or 15
689	643
690		-	(d) (1) In making a disposition on a petition under this subtitle, the court may:
	644	+	(iii) A shelter care facility that is not operating in compliance with 16
	645	+	applicable State licensing laws. 17
691	646
692		-	(i) ~~[Place]~~ SUBJECT TO ~~§ 3–8A–19.6~~ OF THIS ~~SUBTITLE~~ , ~~PLACE~~
693		-	~~the child on probation~~ or ~~under supervision in his own home or in~~ the ~~custody or under the~~
694		-	~~guardianship~~ of ~~a relative~~ or ~~other fit person,~~ ~~upon terms the court deems appropriate,~~
695		-	~~including community detention;~~
	647	+	(2) Subject to paragraph (1)(iii) of this subsection, a child alleged to be in 18
	648	+	need of supervision may be placed in shelter care facilities maintained or approved by the 19
	649	+	Social Services Administration or the Department of Juvenile Services or in a private home 20
	650	+	or shelter care facility approved by the court. 21
696	651
697		-	(3) (i) [Except as provided in subparagraph (ii) or (iii) of this
698		-	paragraph, a] A child may not be committed to the Department of Juvenile Services for
699		-	out–of–home placement if the most serious offense is:
	652	+	(3) The Secretary of Human Services and the Secretary of Juvenile 22
	653	+	Services together, when appropriate, with the Secretary of Health shall jointly adopt 23
	654	+	regulations to ensure that any child placed in shelter care pursuant to a petition filed under 24
	655	+	subsection (d) of this section be provided appropriate services, including: 25
700	656
701		-	1. Possession of marijuana under § 5–601(c)(2)(ii) of the
702		-	Criminal Law Article;
703		-	Ch. 42 2022 LAWS OF MARYLAND
	657	+	(i) Health care services; 26
704	658
705		-	– 16 –
706		-	2. [Possession or purchase of a noncontrolled substance
707		-	under § 5–618 of the Criminal Law Article;
	659	+	(ii) Counseling services; 27
708	660
709		-	3. Disturbing the peace or disorderly conduct under § 10–201
710		-	of the Criminal Law Article;
	661	+	(iii) Education services; 28
711	662
712		-	4. Malicious destruction of property under § 6–301 of the
713		-	Criminal Law Article;
	663	+	(iv) Social work services; and 29
714	664
715		-	5. An offense involving inhalants under § 5–708 of the
716		-	Criminal Law Article;
	665	+	(v) Drug and alcohol abuse assessment or treatment services. 30
717	666
718		-	6. An offense involving prostitution under § 11–303, §
719		-	11–306, or § 11–307 of the Criminal Law Article;
	667	+	(4) In addition to any other provision, the regulations shall require: 31 HOUSE BILL 459 15
720	668
721		-	7. Theft under § 7–104(g)(2) or (3) of the Criminal Law
722		-	Article; or
723	669
724		-	8. Trespass under § 6–402(b)(1) or § 6–403(c)(1) of the
725		-	Criminal Law Article] AN OFFENSE THAT WOULD BE A MISDEMEANOR IF COMMITTED
726		-	BY AN ADULT, UNLESS:
727	670
728		-	A. THE OFFENSE INVOLVES A FIREARM; AND
	671	+	(i) The Department of Juvenile Services to develop a plan within 45 1
	672	+	days of placement of a child in a shelter care facility to assess the child’s treatment needs; 2
	673	+	and 3
729	674
730		-	B. THE CHILD HAS BEEN AD JUDICATED DELINQUENT ON
731		-	A PRIOR OCCASION FOR AN OFFENSE INVOLVING A FIREARM; OR THE OFFENSE
732		-	INVOLVES A FIREARM ; OR
	675	+	(ii) The plan to be submitted to all parties to the petition and their 4
	676	+	counsel. 5
733	677
734		-	3. A TECHNICAL VIOLATION , AS DEFINED IN § 3–8A–19.7
735		-	3–8A–19.6 OF THIS SUBTITLE.
	678	+	[(j)] (I) The intake officer or the official who authorized detention, community 6
	679	+	detention, or shelter care under this subtitle shall immediately give written notice of the 7
	680	+	authorization for detention, community detention, or shelter care to the child’s parent, 8
	681	+	guardian, or custodian and to the court. The notice shall be accompanied by a statement of 9
	682	+	the reasons for taking the child into custody and placing him in detention, community 10
	683	+	detention, or shelter care. This notice may be combined with the notice required under 11
	684	+	subsection (d) of this section. 12
736	685
737		-	[(ii) A child whose most serious offense is an offense listed in
738		-	subparagraph (i) of this paragraph may be committed to the Department of Juvenile
739		-	Services for out–of–home placement if:
	686	+	[(k)] (J) (1) If a child is alleged to have committed a delinquent act, the court 13
	687	+	or a juvenile intake officer shall consider including, as a condition of releasing the child 14
	688	+	pending an adjudicatory or disposition hearing, reasonable protections for the safety of the 15
	689	+	alleged victim. 16
740	690
741		-	1. The child previously has been adjudicated delinquent for
742		-	three or more offenses arising from separate and independent circumstances;
	691	+	(2) If a victim has requested reasonable protections for safety, the court or 17
	692	+	juvenile intake officer shall consider including, as a condition of releasing the child pending 18
	693	+	an adjudicatory or disposition hearing, provisions regarding no contact with the alleged 19
	694	+	victim or the alleged victim’s premises or place of employment. 20
743	695
744		-	2. The child waives the prohibition described in
745		-	subparagraph (i) of this paragraph and the court accepts the waiver as knowing, intelligent,
746		-	and voluntary; or
	696	+	[(l)] (K) If a child remains in a facility used for detention [for the specific act for 21
	697	+	which the child has been adjudicated delinquent for more than 25 days after the court has 22
	698	+	made a disposition on a petition under § 3–8A–19 of this subtitle], the Department of 23
	699	+	Juvenile Services shall: 24
747	700
748		-	3. The court makes a written finding in accordance with
749		-	subparagraph (iii) of this paragraph.
750		-	LAWRENCE J. HOGAN, JR., Governor Ch. 42
	701	+	(1) [On the first available court date after the 25th day that the child 25
	702	+	remains in a facility used for detention,] WITHIN 14 DAYS AFTER THE CHILD ’S INITIAL 26
	703	+	DETENTION, appear at a hearing before the court with the child to explain the reasons for 27
	704	+	continued detention; and 28
751	705
752		-	– 17 –
753		-	(iii) A child whose most serious offense is an offense listed in
754		-	subparagraph (i) of this paragraph may be committed to the Department of Juvenile
755		-	Services for out–of–home placement if the court makes a written finding, including the
756		-	specific facts supporting the finding, that an out–of–home placement is necessary for the
757		-	welfare of the child or in the interest of public safety.]
	706	+	(2) Every [25] 14 days thereafter, appear at another hearing before the 29
	707	+	court with the child to explain the reasons for continued detention. 30
758	708
759		-	[(iv)] (II) This paragraph may not be construed to prohibit the court
760		-	from committing the child to another appropriate agency.
	709	+	(L) WITHIN 10 DAYS AFTER A DECISIO N TO DETAIN A CHILD UNDER THIS 31
	710	+	SUBTITLE IN A FACILITY USED FOR DETENTION , THE DEPARTMENT OF JUVENILE 32
	711	+	SERVICES SHALL SUBMIT A PLAN TO THE COURT FOR RELEASING THE CH ILD INTO 33
	712	+	THE COMMUNITY . 34
761	713
762		-	3–8A–19.6.
	714	+	3–8A–19. 35
	715	+	16 HOUSE BILL 459
763	716
764		-	(A) IN THIS SECTION , “TECHNICAL VIOLATION ” MEANS A VIOLATION OF
765		-	PROBATION THAT DOES NOT INVOLVE:
766	717
767		-	(1) AN ARREST OR A SUMMON S ISSUED BY A COMMISSIONER ON A
768		-	STATEMENT OF CHARGES FILED BY A LAW ENFOR CEMENT OFFICER ;
	718	+	(d) (1) In making a disposition on a petition under this subtitle, the court may: 1
769	719
770		-	(2) A VIOLATION OF A CRIMI NAL PROHIBITION , OR AN ACT THAT
771		-	WOULD BE A VIOLATION OF A CRIMINAL PROHIB ITION IF COMMITTED B Y AN ADULT,
772		-	OTHER THAN A MINOR T RAFFIC OFFENSE ;
	720	+	(i) [Place] SUBJECT TO § 3–8A–19.6 OF THIS SUBTITLE , PLACE 2
	721	+	the child on probation or under supervision in his own home or in the custody or under the 3
	722	+	guardianship of a relative or other fit person, upon terms the court deems appropriate, 4
	723	+	including community detention; 5
773	724
774		-	(3) A VIOLATION OF A NO –CONTACT OR STAY –AWAY ORDER; OR
	725	+	(3) (i) [Except as provided in subparagraph (ii) or (iii) of this 6
	726	+	paragraph, a] A child may not be committed to the Department of Juvenile Services for 7
	727	+	out–of–home placement if the most serious offense is: 8
775	728
776		-	(4) ABSCONDING.
	729	+	1. Possession of marijuana under § 5–601(c)(2)(ii) of the 9
	730	+	Criminal Law Article; 10
777	731
778		-	(B) THIS SECTION DOES NOT APPLY TO AN OFFENSE COMMITTED BY A CHILD
779		-	THAT, IF COMMITTED BY AN A DULT, WOULD BE A FELONY AN D A CRIME OF VIOLENC E
780		-	UNDER § 14–101 OF THE CRIMINAL LAW ARTICLE.
	732	+	2. [Possession or purchase of a noncontrolled substance 11
	733	+	under § 5–618 of the Criminal Law Article; 12
781	734
782		-	~~(A) (C)~~ THE ~~COURT MAY NOT PLA CE A CHILD ON PROBAT ION FOR A TERM~~
783		-	~~EXCEEDING THAT PROVI DED IN THIS SECTION .~~
	735	+	3. Disturbing the peace or disorderly conduct under § 10–201 13
	736	+	of the Criminal Law Article; 14
784	737
785		-	(B) (D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
786		-	SUBSECTION, IF THE MOST SERIOUS OFFENSE COMMITTED BY A CHILD WOULD BE A
787		-	MISDEMEANOR IF COMMITTED BY AN ADUL T, THE COURT MAY PLACE THE CHILD ON
788		-	PROBATION FOR A PERI OD NOT EXCEEDING 6 MONTHS.
	738	+	4. Malicious destruction of property under § 6–301 of the 15
	739	+	Criminal Law Article; 16
789	740
790		-	(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE COURT
791		-	MAY, AFTER A HEARING , EXTEND THE PROBATION BY PERIODS NOT EXCEE DING 3
792		-	MONTHS IF THE COURT FINDS THAT:
	741	+	5. An offense involving inhalants under § 5–708 of the 17
	742	+	Criminal Law Article; 18
793	743
794		-	~~(I) THERE IS GOOD CAUSE T O EXTEND THE PROBATI ON; AND~~
795		-	~~Ch.~~ ~~42 2022 LAWS~~ OF ~~MARYLAND~~
	744	+	6. An offense involving prostitution under § 11–303, § 19
	745	+	11–306, or § 11–307 of the Criminal Law Article; 20
796	746
797		-	– 18 –
798		-	(II) THE PURPOSE OF EXTEND ING THE PROBATION IS TO
799		-	ENSURE THAT THE CHIL D COMPLETES A TREATM ENT OR REHABILITATIV E
800		-	PROGRAM OR SERVICE .
	747	+	7. Theft under § 7–104(g)(2) or (3) of the Criminal Law 21
	748	+	Article; or 22
801	749
802		-	(3) THE TOTAL PERIOD OF T HE PROBATION , INCLUDING EXTENSIONS
803		-	OF THE PROBATION , MAY NOT EXCEED 1 YEAR.
	750	+	8. Trespass under § 6–402(b)(1) or § 6–403(c)(1) of the 23
	751	+	Criminal Law Article] AN OFFENSE THAT WOULD BE A MISDEMEANOR IF COMMITTED 24
	752	+	BY AN ADULT, UNLESS: 25
804	753
805		-	(C) (E) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
806		-	SUBSECTION AND SUBSECTION (D) OF THIS SECTION , IF THE MOST SERIOUS
807		-	OFFENSE COMMITTED BY A CHILD WOULD BE A FELONY IF COMMITTED BY AN
808		-	ADULT, THE COURT MAY PLACE THE CHILD ON PROBATI ON FOR A PERIOD NOT
809		-	EXCEEDING 1 YEAR.
	754	+	A. THE OFFENSE INVOLVES A FIREARM; AND 26
810	755
811		-	~~(2) (I) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION ,~~ THE
812		-	~~COURT MAY , AFTER~~ A ~~HEARING , EXTEND~~ THE ~~PROBATION BY PERIODS NOT~~
813		-	~~EXCEEDING 3 MONTHS IF THE COURT FINDS THAT:~~
	756	+	B. THE CHILD HAS BEEN AD JUDICATED DELINQUENT ON 27
	757	+	A PRIOR OCCASION FOR AN OFFENSE INVOLVING A FIREARM; OR THE OFFENSE 28
	758	+	INVOLVES A FIREA RM; OR 29
814	759
815		-	1. THERE IS GOOD CAUSE T O EXTEND THE PROBATI ON;
816		-	AND
	760	+	3. A TECHNICAL VIOLATION , AS DEFINED IN § 3–8A–19.7 30
	761	+	3–8A–19.6 OF THIS SUBTITLE . 31
	762	+	HOUSE BILL 459 17
817	763
818		-	2. THE PURPOSE OF EXTEND ING THE PROBATION IS TO
819		-	ENSURE THAT THE CHIL D COMPLETES A TREATM ENT OR REHABILITATIV E
820		-	PROGRAM OR SERVICE .
821	764
822		-	(II) ~~EXCEPT AS PROVIDED I N PARAGRAPH (3) OF THIS~~
823		-	~~SUBSECTION, IF THE PROBATION IS EXTENDED UNDER~~ THIS PARAGRAPH , THE
824		-	~~TOTAL PERIOD~~ OF ~~THE PROBATION MAY NOT EX CEED 2 YEARS.~~
	765	+	[(ii) A child whose most serious offense is an offense listed in 1
	766	+	subparagraph (i) of this paragraph may be committed to the Department of Juvenile 2
	767	+	Services for out–of–home placement if: 3
825	768
826		-	(3) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE
827		-	COURT MAY EXTEND THE PERIOD OF THE PROBAT ION FOR A PERIOD OF TIME
828		-	GREATER THAN THE PER IOD DESCRIBED IN PAR AGRAPH (2)(II) OF THIS
829		-	SUBSECTION IF, AFTER A HEARING , THE COURT FINDS BY C LEAR AND CONVINCING
830		-	EVIDENCE THAT:
	769	+	1. The child previously has been adjudicated delinquent for 4
	770	+	three or more offenses arising from separate and independent circumstances; 5
831	771
832		-	1. THERE IS GOOD CAUSE T O EXTEND THE PROBATI ON;
833		-	AND
	772	+	2. The child waives the prohibition described in 6
	773	+	subparagraph (i) of this paragraph and the court accepts the waiver as knowing, intelligent, 7
	774	+	and voluntary; or 8
834	775
835		-	2. ~~EXTENDING~~ THE ~~PROBATI ON IS~~ IN ~~THE BEST~~
836		-	~~INTEREST~~ OF ~~THE CHIL D~~.
	776	+	3. The court makes a written finding in accordance with 9
	777	+	subparagraph (iii) of this paragraph. 10
837	778
838		-	(II) IF THE PROBATION IS E XTENDED UNDER THIS P ARAGRAPH,
839		-	THE TOTAL PERIOD OF PROBATION, INCLUDING EXTENSIONS UNDER PARAGRAPH
840		-	(2) OF THIS SUBSECTION , MAY NOT EXCEED 3 YEARS. LAWRENCE J. HOGAN, JR., Governor Ch. 42
	779	+	(iii) A child whose most serious offense is an offense listed in 11
	780	+	subparagraph (i) of this paragraph may be committed to the Department of Juvenile 12
	781	+	Services for out–of–home placement if the court makes a written finding, including the 13
	782	+	specific facts supporting the finding, that an out–of–home placement is necessary for the 14
	783	+	welfare of the child or in the interest of public safety.] 15
841	784
842		-	– 19 –
	785	+	[(iv)] (II) This paragraph may not be construed to prohibit the court 16
	786	+	from committing the child to another appropriate agency. 17
843	787
844		-	(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , IF
845		-	THE MOST SERIOUS OFF ENSE COMMITTED BY A CHILD WOULD BE A CRI ME THAT, IF
846		-	COMMITTED BY AN ADUL T, WOULD BE PUNISHABLE BY LIFE IMPRISONMENT , THE
847		-	COURT MAY PLACE THE CHILD ON PROBATION F OR A PERIOD NOT EXCE EDING 2
848		-	YEARS.
	788	+	3–8A–19.6. 18
849	789
850		-	(2) ~~THE COURT MAY~~ , ~~AFTER~~ A ~~HEARING , EXTEND THE PROBATION BY~~
851		-	~~PERIODS~~ NOT ~~EXCEEDIN G 3 MONTHS IF THE COURT FINDS THAT~~:
	790	+	(A) IN THIS SECTION , “TECHNICAL VIOLATION ” MEANS A VIOLATION OF 19
	791	+	PROBATION THAT DOES NOT INVOLVE: 20
852	792
853		-	(I) THERE IS GOOD CAUSE T O EXTEND THE PR OBATION; AND
	793	+	(1) AN ARREST OR A SUMMON S ISSUED BY A COMMIS SIONER ON A 21
	794	+	STATEMENT OF CHARGES FILED BY A LAW ENFOR CEMENT OFFICER ; 22
854	795
855		-	(II) ~~THE PURPOSE~~ OF ~~EXTEND ING THE PROBATION IS TO~~
856		-	~~ENSURE THAT THE CHIL D COMPLETES~~ A ~~TREATM ENT OR REHABILITATIV E~~
857		-	~~PROGRAM OR SERVICE .~~
	796	+	(2) A VIOLATION OF A CRIMI NAL PROHIBITION , OR AN ACT THAT 23
	797	+	WOULD BE A VIOLATION OF A CRIMINAL PROHIBI TION IF COMMITTED BY AN ADULT, 24
	798	+	OTHER THAN A MINOR T RAFFIC OFFENSE ; 25
858	799
859		-	(F) NOTWITHSTANDING ANY O THER PROVISION OF TH IS SECTION, IF A
860		-	CHILD IS FOUND TO HA VE COMMITTED A VIOLATION OF PROBATI ON, EXCEPT FOR A
861		-	TECHNICAL VIOLATION , A COURT MAY, AFTER A HEARING , PLACE THE CHILD ON A
862		-	NEW TERM OF PROBATIO N FOR A PERIOD THAT IS CONSISTENT WITH T HE PERIOD OF
863		-	PROBATION THAT MAY B E IMPOSED UNDER THIS SECTION FOR THE DELI NQUENT ACT
864		-	FOR WHICH THE CHILD WA S ORIGINALLY PLACED ON PROBATION .
	800	+	(3) A VIOLATION OF A NO –CONTACT OR STAY –AWAY ORDER; OR 26
865	801
866		-	~~3–8A–19.7~~.
	802	+	(4) ABSCONDING. 27
867	803
868		-	(A) IN THIS SECTION , “TECHNICAL VIOLATION ” MEANS A VIOLATION OF
869		-	PROBATION THAT DOES NOT INVOLVE:
	804	+	(B) THIS SECTION DOES NOT APPLY TO AN OFFENSE COMMITTED BY A CHILD 28
	805	+	THAT, IF COMMITTED BY A N ADULT, WOULD BE A FELONY AN D A CRIME OF VIOLENC E 29
	806	+	UNDER § 14–101 OF THE CRIMINAL LAW ARTICLE. 30
870	807
871		-	(1) ~~AN ARREST OR~~ A ~~SUMMON S ISSUED BY~~ A ~~COMMIS SIONER ON A~~
872		-	~~STATEMENT OF CHARGES FILED BY A LAW ENFORCEMENT OF FICER;~~
	808	+	(A) (C) THE COURT MAY NOT PLA CE A CHILD ON PROBAT ION FOR A TERM 31
	809	+	EXCEEDING THAT PROVI DED IN THIS SECTION . 32 18 HOUSE BILL 459
873	810
874		-	(2) A VIOLATION OF A CRIMI NAL PROHIBITION , OR AN ACT THAT
875		-	WOULD BE A VIOLATION OF A CRIMINAL PROHIB ITION IF COMMITTED B Y AN ADULT,
876		-	OTHER THAN A MINOR T RAFFIC OFFENSE ;
877	811
878		-	(3) A VIOLATION OF A NO –CONTACT OR STAY –AWAY ORDER ; OR
879	812
880		-	(4) ABSCONDING HAS THE MEANING STAT ED IN § 3–8A–19.6 OF THIS
881		-	SUBTITLE.
	813	+	(B) (D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 1
	814	+	SUBSECTION, IF THE MOST SERIOUS OFFENSE COMMITTED BY A CHILD WOULD BE A 2
	815	+	MISDEMEANOR IF COMMI TTED BY AN ADULT , THE COURT MAY PLACE THE CHILD ON 3
	816	+	PROBATION FOR A PERI OD NOT EXCEEDING 6 MONTHS. 4
882	817
883		-	(B) A CHILD MAY NOT BE PLA CED IN A FACILITY US ED FOR DETENTION FOR
884		-	A TECHNICAL VIOLATIO N.
	818	+	(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE COURT 5
	819	+	MAY, AFTER A HEARING , EXTEND THE PROBATION BY PERIODS NOT EXCEE DING 3 6
	820	+	MONTHS IF THE COURT FINDS THAT: 7
885	821
886		-	~~3–8A–27. Ch.~~ ~~42 2022 LAWS OF MARYLAND~~
	822	+	(I) THERE IS GOOD CAUSE T O EXTEND THE PROBATI ON; AND 8
887	823
888		-	– 20 –
	824	+	(II) THE PURPOSE OF EXTEND ING THE PROBATION IS TO 9
	825	+	ENSURE THAT THE CHIL D COMPLETES A TREATMENT OR REHABIL ITATIVE 10
	826	+	PROGRAM OR SERVICE . 11
889	827
890		-	(a) (2) This subsection does not prohibit:
	828	+	(3) THE TOTAL PERIOD OF T HE PROBATION , INCLUDING EXTENSIONS 12
	829	+	OF THE PROBATION , MAY NOT EXCEED 1 YEAR. 13
891	830
892		-	(iv) A law enforcement agency of the State or of a political subdivision
893		-	of the State, when necessary and for the sole purposes of facilitating apprehension of a child
894		-	and ensuring public safety, from releasing to the public photographs and identifying
895		-	information of a child who:
	831	+	(C) (E) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 14
	832	+	SUBSECTION AND SUBSECTION (D) OF THIS SECTION , IF THE MOST SERIOUS 15
	833	+	OFFENSE COMMITTED BY A CHILD WOULD BE A F ELONY IF COMMITTED B Y AN 16
	834	+	ADULT, THE COURT MAY PLACE THE CHILD ON PROBATI ON FOR A PERIOD NOT 17
	835	+	EXCEEDING 1 YEAR. 18
896	836
897		-	1. Has escaped from:
	837	+	(2) (I) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE 19
	838	+	COURT MAY , AFTER A HEAR ING, EXTEND THE PROBATION BY PERIODS NOT 20
	839	+	EXCEEDING 3 MONTHS IF THE COURT FINDS THAT: 21
898	840
899		-	A. A detention center for juveniles;
	841	+	1. THERE IS GOOD CAUSE T O EXTEND THE PROBATI ON; 22
	842	+	AND 23
900	843
901		-	B. A secure residential facility for juveniles; or
	844	+	2. THE PURPOSE OF EXTEND ING THE PROBATION IS TO 24
	845	+	ENSURE THAT THE CHIL D COMPLETES A TREATM ENT OR REHABILITATIV E 25
	846	+	PROGRAM OR SERVICE . 26
902	847
903		-	C. A correctional unit as defined in § 2–401 of the
904		-	Correctional Services Article;
	848	+	(II) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS 27
	849	+	SUBSECTION, IF THE PROBATION IS EXTENDED UNDER THIS PARAGRAPH , THE 28
	850	+	TOTAL PERIOD OF THE PROBATION MAY NOT EX CEED 2 YEARS. 29
905	851
906		-	2. Is a missing child as defined in § 9–401 of the Family Law
907		-	Article; or
	852	+	(3) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 30
	853	+	COURT MAY EXTEND THE PERIOD OF THE PROBAT ION FOR A PERIOD OF TIME 31
	854	+	GREATER THAN THE PER IOD DESCRIBED IN PAR AGRAPH (2)(II) OF THIS 32 HOUSE BILL 459 19
908	855
909		-	3. The court does not have jurisdiction over pursuant to [§
910		-	3–8A–03(d)(1), (4), or (5)] § 3–8A–03(E)(1), (4), OR (5) of this subtitle and who is subject
911		-	to:
912	856
913		-	A. Arrest; or
	857	+	SUBSECTION IF, AFTER A HEARING , THE COURT FINDS BY C LEAR AND CONVINCING 1
	858	+	EVIDENCE THAT : 2
914	859
915		-	B. An arrest warrant issued by a criminal court.
	860	+	1. THERE IS GOOD CAUSE T O EXTEND THE PROBATION ; 3
	861	+	AND 4
916	862
917		-	Article – Criminal Procedure
	863	+	2. EXTENDING THE PROBATI ON IS IN THE BEST 5
	864	+	INTEREST OF THE CHIL D. 6
918	865
919		-	4–202.
	866	+	(II) IF THE PROBATION IS E XTENDED UNDER THIS P ARAGRAPH, 7
	867	+	THE TOTAL PERIOD OF PROBATION, INCLUDING EXTENSIONS UNDER PARAGRAPH 8
	868	+	(2) OF THIS SUBSECTION , MAY NOT EXCE ED 3 YEARS. 9
920	869
921		-	(b) Except as provided in subsection (c) of this section, a court exercising criminal
922		-	jurisdiction in a case involving a child may transfer the case to the juvenile court before
923		-	trial or before a plea is entered under Maryland Rule 4–242 if:
	870	+	(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , IF 10
	871	+	THE MOST SERIOUS OFF ENSE COMMITTED BY A CHILD WOULD BE A CRI ME THAT, IF 11
	872	+	COMMITTED BY AN ADUL T, WOULD BE PUNISHABLE BY LIFE IMPRISONMENT , THE 12
	873	+	COURT MAY PLACE THE CHILD ON PROBATION FOR A PERI OD NOT EXCEEDING 2 13
	874	+	YEARS. 14
924	875
925		-	(1) the ~~accused child was at least 14 but not 18 years of age when~~ the
926		-	~~alleged crime was committed;~~
	876	+	(2) THE COURT MAY , AFTER A HEARING , EXTEND THE PROBATION BY 15
	877	+	PERIODS NOT EXCEEDIN G 3 MONTHS IF THE COURT FINDS THAT: 16
927	878
928		-	(2) the alleged crime is excluded from the jurisdiction of the juvenile court
929		-	under [§ 3–8A–03(d)(1), (4), or (5)] § 3–8A–03(E)(1), (4), OR (5) of the Courts Article; and
	879	+	(I) THERE IS GOOD CAUSE T O EXTEND THE PROBATI ON; AND 17
930	880
931		-	(3) the ~~court determines by a preponderance~~ of the ~~evidence that a transfer~~
932		-	~~of its jurisdiction is in~~ the ~~interest of the child~~ or ~~society.~~
933		-	~~LAWRENCE J~~. ~~HOGAN, JR., Governor Ch. 42~~
	881	+	(II) THE PURPOSE OF EXTEND ING THE PROBATION IS TO 18
	882	+	ENSURE THAT THE CHIL D COMPLETES A TREATM ENT OR REHABILITATIV E 19
	883	+	PROGRAM OR SERVICE . 20
934	884
935		-	– 21 –
936		-	(c) The court may not transfer a case to the juvenile court under subsection (b) of
937		-	this section if:
	885	+	(F) NOTWITHSTANDING ANY O THER PROVISION OF TH IS SECTION, IF A 21
	886	+	CHILD IS FOUND TO HA VE COMMITTED A VIOLA TION OF PROBATION , EXCEPT FOR A 22
	887	+	TECHNICAL VIOLATION, A COURT MAY, AFTER A HEARING , PLACE THE CHILD ON A 23
	888	+	NEW TERM OF PROBATIO N FOR A PERIOD THAT IS CONSISTENT WITH T HE PERIOD OF 24
	889	+	PROBATION THAT MAY B E IMPOSED UNDER THIS SECTION FOR THE DELI NQUENT ACT 25
	890	+	FOR WHICH THE CHILD WAS ORIGINALLY PLACE D ON PROBATION. 26
938	891
939		-	(1) the child was convicted in an unrelated case excluded from the
940		-	jurisdiction of the juvenile court under [§ 3–8A–03(d)(1) or (4)] § 3–8A–03(E)(1) OR (4) of
941		-	the Courts Article; or
	892	+	3–8A–19.7. 27
942	893
943		-	(2) ~~the alleged crime is murder~~ in ~~the first degree and the accused child~~
944		-	~~was 16 or 17 years of age when the alleged crime was committed.~~
	894	+	(A) IN THIS SECTION , “TECHNICAL VIOLATION ” MEANS A VIOLATION OF 28
	895	+	PROBATION THAT DOES NOT INVOLVE: 29
945	896
946		-	(i) (1) The provisions of § 3–8A–27 of the Courts Article relating to
947		-	confidentiality of records apply to all police records and court records concerning the child
948		-	excluded from the jurisdiction of the juvenile court under [§ 3–8A–03(d)(1), (4), or (5)] §
949		-	3–8A–03(E)(1), (4), OR (5) of the Courts Article from the time of the child’s arrest until:
	897	+	(1) AN ARREST OR A SUMMON S ISSUED BY A COMMIS SIONER ON A 30
	898	+	STATEMENT OF CHARGES FILED BY A LAW ENFOR CEMENT OFFICER ; 31
	899	+	20 HOUSE BILL 459
950	900
951		-	(i) the time for filing of a motion to transfer to juvenile court under
952		-	the Maryland Rules has expired and no such motion has been filed; or
953	901
954		-	(ii) a motion to transfer to juvenile court has been denied.
	902	+	(2) A VIOLATION O F A CRIMINAL PROHIBI TION, OR AN ACT THAT 1
	903	+	WOULD BE A VIOLATION OF A CRIMINAL PROHIB ITION IF COMMITTED B Y AN ADULT, 2
	904	+	OTHER THAN A MINOR T RAFFIC OFFENSE ; 3
955	905
956		-	4~~–202.2.~~
	906	+	(3) A VIOLATION OF A NO –CONTACT OR STAY –AWAY ORDER ; OR 4
957	907
958		-	(a) ~~At sentencing,~~ ~~a court exercising criminal jurisdiction~~ in ~~a case involving a~~
959		-	~~child shall determine whether to transfer jurisdiction to the juvenile court if:~~
	908	+	(4) ABSCONDING HAS THE MEANING STAT ED IN § 3–8A–19.6 OF THIS 5
	909	+	SUBTITLE. 6
960	910
961		-	(1) as a result of trial or a plea entered under Maryland Rule 4–242, all
962		-	charges that excluded jurisdiction from the juvenile court under [§ 3–8A–03(d)(1) or (4)] §
963		-	3–8A–03(E)(1) OR (4) of the Courts Article do not result in a finding of guilty; and
	911	+	(B) A CHILD MAY NOT BE PLA CED IN A FACILITY US ED FOR DETENTION FOR 7
	912	+	A TECHNICAL VIOLATIO N. 8
964	913
965		-	(2) (i) pretrial transfer was prohibited under § 4–202(c)(2) of this
966		-	subtitle; or
	914	+	3–8A–27. 9
967	915
968		-	(ii) the court did not transfer jurisdiction after a hearing under §
969		-	4–202(b) of this subtitle.
	916	+	(a) (2) This subsection does not prohibit: 10
970	917
971		-	10–215.
	918	+	(iv) A law enforcement agency of the State or of a political subdivision 11
	919	+	of the State, when necessary and for the sole purposes of facilitating apprehension of a child 12
	920	+	and ensuring public safety, from releasing to the public photographs and identifying 13
	921	+	information of a child who: 14
972	922
973		-	(a) The following events are reportable events under this subtitle that must be
974		-	reported to the Central Repository in accordance with § 10–214 of this subtitle:
	923	+	1. Has escaped from: 15
975	924
976		-	~~(20) an adjudication of~~ a ~~child as delinquent:~~
	925	+	A. A detention center for juveniles; 16
977	926
978		-	(i) if the child is at least 14 years old, for an act described in [§
979		-	3–8A–03(d)(1)] § 3–8A–03(E)(1) of the Courts Article; or
980		-	Ch. 42 2022 LAWS OF MARYLAND
	927	+	B. A secure residential facility for juveniles; or 17
981	928
982		-	– 22 –
983		-	(ii) if the child is at least 16 years old, for an act described in [§
984		-	3–8A–03(d)(4) or (5)] § 3–8A–03(E)(4) OR (5) of the Courts Article;
	929	+	C. A correctional unit as defined in § 2–401 of the 18
	930	+	Correctional Services Article; 19
985	931
986		-	10–216.
	932	+	2. Is a missing child as defined in § 9–401 of the Family Law 20
	933	+	Article; or 21
987	934
988		-	(d) (1) This subsection only applies to an adjudication of delinquency of a child:
	935	+	3. The court does not have jurisdiction over pursuant to [§ 22
	936	+	3–8A–03(d)(1), (4), or (5)] § 3–8A–03(E)(1), (4), OR (5) of this subtitle and who is subject 23
	937	+	to: 24
989	938
990		-	(i) for an act described in [§ 3–8A–03(d)(1)] § 3–8A–03(E)(1) of the
991		-	Courts Article if the child is at least 14 years old; or
	939	+	A. Arrest; or 25
992	940
993		-	(ii) for an act described in [§ 3–8A–03(d)(4) or (5)] § 3–8A–03(E)(4)
994		-	OR (5) of the Courts Article if the child is at least 16 years old.
	941	+	B. An arrest warrant issued by a criminal court. 26
995	942
996		-	Article – ~~Education~~
	943	+	Article – Criminal Procedure 27
997	944
998		-	7–303.
	945	+	4–202. 28
	946	+	HOUSE BILL 459 21
999	947
1000		-	(a) (6) “Reportable offense” means:
1001	948
1002		-	(ii) Any of the offenses enumerated in [§ 3–8A–03(d)(4)] §
1003		-	3–8A–03(E)(4) of the Courts Article;
	949	+	(b) Except as provided in subsection (c) of this section, a court exercising criminal 1
	950	+	jurisdiction in a case involving a child may transfer the case to the juvenile court before 2
	951	+	trial or before a plea is entered under Maryland Rule 4–242 if: 3
1004	952
1005		-	Article – Public Safety
	953	+	(1) the accused child was at least 14 but not 18 years of age when the 4
	954	+	alleged crime was committed; 5
1006	955
1007		-	3–530.
	956	+	(2) the alleged crime is excluded from the jurisdiction of the juvenile court 6
	957	+	under [§ 3–8A–03(d)(1), (4), or (5)] § 3–8A–03(E)(1), (4), OR (5) of the Courts Article; and 7
1008	958
1009		-	(A) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND
1010		-	VICTIM SERVICES SHALL REQUES T AND ANALYZE DATA R ELATING TO JUVENILES
1011		-	WHO ARE CHARGED , CONVICTED, AND SENTENCED AS ADU LTS IN THE STATE,
1012		-	INCLUDING DATA FROM :
	959	+	(3) the court determines by a preponderance of the evidence that a transfer 8
	960	+	of its jurisdiction is in the interest of the child or society. 9
1013	961
1014		-	(1) LAW ENFORCEMENT AGEN CIES IN THE STATE;
	962	+	(c) The court may not transfer a case to the juvenile court under subsection (b) of 10
	963	+	this section if: 11
1015	964
1016		-	(2) THE ADMINISTRATIVE OFFICE OF THE COURTS;
	965	+	(1) the child was convicted in an unrelated case excluded from the 12
	966	+	jurisdiction of the juvenile court under [§ 3–8A–03(d)(1) or (4)] § 3–8A–03(E)(1) OR (4) of 13
	967	+	the Courts Article; or 14
1017	968
1018		-	(3) LOCAL CORRECTIONAL F ACILITIES IN THE STATE; AND
	969	+	(2) the alleged crime is murder in the first degree and the accused child 15
	970	+	was 16 or 17 years of age when the alleged crime was committed. 16
1019	971
1020		-	(4) THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL
1021		-	SERVICES.
	972	+	(i) (1) The provisions of § 3–8A–27 of the Courts Article relating to 17
	973	+	confidentiality of records apply to all police records and court records concerning the child 18
	974	+	excluded from the jurisdiction of the juvenile court under [§ 3–8A–03(d)(1), (4), or (5)] § 19
	975	+	3–8A–03(E)(1), (4), OR (5) of the Courts Article from the time of the child’s arrest until: 20
1022	976
1023		-	(B) THE INFORMATION COLLEC TED AND ANALYZED UND ER SUBSECTION (A)
1024		-	OF THIS SECTION SHAL L INCLUDE:
1025		-	LAWRENCE J. HOGAN, JR., Governor Ch. 42
	977	+	(i) the time for filing of a motion to transfer to juvenile court under 21
	978	+	the Maryland Rules has expired and no such motion has been filed; or 22
1026	979
1027		-	– 23 –
1028		-	(1) THE NUMBER OF JUVENI LES CHARGED , CONVICTED, AND
1029		-	SENTENCED AS ADULTS ;
	980	+	(ii) a motion to transfer to juvenile court has been denied. 23
1030	981
1031		-	(2) THE OUTCOMES OF CASE S INVOLVING JUVENILE S CHARGED AS
1032		-	ADULTS, INCLUDING WHETHER TH E CASE RESULTED IN C ONVICTION, DISMISSAL, OR
1033		-	TRANSFER TO THE JUVE NILE COURT UNDER § 4–202, § 4–202.1, OR § 4–202.2 OF THE
1034		-	CRIMINAL PROCEDURE ARTICLE;
	982	+	4–202.2. 24
1035	983
1036		-	(3) ~~THE NUMBER OF JUV ENILES HOUSED~~ IN ~~EAC H STATE~~
1037		-	~~CORRECTIONAL FACILIT Y AND LOCAL CORRECTI ONAL FACILITY;~~ ~~AND~~
	984	+	(a) At sentencing, a court exercising criminal jurisdiction in a case involving a 25
	985	+	child shall determine whether to transfer jurisdiction to the juvenile court if: 26
1038	986
1039		-	(4) THE LENGTH OF SENTEN CE FOR EACH JUVENILE SENTENCED AS
1040		-	AN ADULT IN THE STATE.
	987	+	(1) as a result of trial or a plea entered under Maryland Rule 4–242, all 27
	988	+	charges that excluded jurisdiction from the juvenile court under [§ 3–8A–03(d)(1) or (4)] § 28
	989	+	3–8A–03(E)(1) OR (4) of the Courts Article do not result in a finding of guilty; and 29
1041	990
1042		-	(C) ON OR BEFORE DECEMBER 31, 2023, AND ON OR BEFORE DECEMBER
1043		-	31 EACH YEAR THEREAF TER, THE GOVERNOR’S OFFICE OF CRIME PREVENTION,
1044		-	YOUTH, AND VICTIM SERVICES SHALL REPORT ITS FINDINGS TO THE GOVERNOR
1045		-	AND, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE
1046		-	GENERAL ASSEMBLY.
	991	+	(2) (i) pretrial transfer was prohibited under § 4–202(c)(2) of this 30
	992	+	subtitle; or 31
	993	+	22 HOUSE BILL 459
1047	994
1048		-	Article – State Government
1049	995
1050		-	~~SUBTITLE 35.~~ ~~COMMISSION ON JUVENILE JUSTICE REFORM AND EMERGING AND~~
1051		-	~~BEST PRACTICES~~.
	996	+	(ii) the court did not transfer jurisdiction after a hearing under § 1
	997	+	4–202(b) of this subtitle. 2
1052	998
1053		-	9–~~3501~~.
	999	+	10–215. 3
1054	1000
1055		-	IN THIS SUBTITLE ~~, “COMMISSION” MEANS THE COMMISSION ON JUVENILE~~
1056		-	~~JUSTICE REFORM AND EMERGING AND BEST PRACTICES.~~
	1001	+	(a) The following events are reportable events under this subtitle that must be 4
	1002	+	reported to the Central Repository in accordance with § 10–214 of this subtitle: 5
1057	1003
1058		-	~~9–3502.~~
	1004	+	(20) an adjudication of a child as delinquent: 6
1059	1005
1060		-	(A) ~~THERE~~ IS ~~A COMMISSION ON JUVENILE JUSTICE REFORM AND~~
1061		-	~~EMERGING AND BEST PRACTICES.~~
	1006	+	(i) if the child is at least 14 years old, for an act described in [§ 7
	1007	+	3–8A–03(d)(1)] § 3–8A–03(E)(1) of the Courts Article; or 8
1062	1008
1063		-	(B) THE COMMISSION CONSISTS O F THE FOLLOWING MEMB ERS:
	1009	+	(ii) if the child is at least 16 years old, for an act described in [§ 9
	1010	+	3–8A–03(d)(4) or (5)] § 3–8A–03(E)(4) OR (5) of the Courts Article; 10
1064	1011
1065		-	(1) TWO MEMBERS OF THE SENATE OF MARYLAND, APPOINTED BY
1066		-	THE PRESIDENT OF THE SENATE;
	1012	+	10–216. 11
1067	1013
1068		-	(2) TWO MEMBERS OF THE HOUSE OF DELEGATES, APPOINTED BY
1069		-	THE SPEAKER OF THE HOUSE;
	1014	+	(d) (1) This subsection only applies to an adjudication of delinquency of a child: 12
1070	1015
1071		-	(3) THE SECRETARY OF JUVENILE SERVICES; Ch. 42 2022 LAWS OF MARYLAND
	1016	+	(i) for an act described in [§ 3–8A–03(d)(1)] § 3–8A–03(E)(1) of the 13
	1017	+	Courts Article if the child is at least 14 years old; or 14
1072	1018
1073		-	– 24 –
	1019	+	(ii) for an act described in [§ 3–8A–03(d)(4) or (5)] § 3–8A–03(E)(4) 15
	1020	+	OR (5) of the Courts Article if the child is at least 16 years old. 16
1074	1021
1075		-	~~(4) THE SECRETARY OF HUMAN SERVICES; AND~~
	1022	+	Article – Education 17
1076	1023
1077		-	~~(5) THE FOLLOWING MEMBER S, APPOINTED BY THE GOVERNOR:~~
	1024	+	7–303. 18
1078	1025
1079		-	(I) ONE REPRESENTATIVE O F AN INSTITUTE FOR P UBLIC
1080		-	POLICY THAT SPECIALI ZES IN JUVENILE JUST ICE ISSUES IN THE STATE;
	1026	+	(a) (6) “Reportable offense” means: 19
1081	1027
1082		-	(II) ONE REPRESENTATIVE O F AN INSTITUTE OPERA TED BY THE
1083		-	UNIVERSITY OF MARYLAND SPECIALIZING IN PROVIDING EVIDENC E–BASED AND
1084		-	CULTURALLY COMPE TENT SERVICES FOR JU VENILES; AND
	1028	+	(ii) Any of the offenses enumerated in [§ 3–8A–03(d)(4)] § 20
	1029	+	3–8A–03(E)(4) of the Courts Article; 21
1085	1030
1086		-	(III) THREE REPRESENTATIVE S WITH RELEVANT EDUC ATION
1087		-	AND EXPERIENCE .
	1031	+	Article – Public Safety 22
1088	1032
1089		-	~~(C) THE GOVERNOR SHALL DESIGN ATE THE CHAIR OF THE COMMISSION~~.
	1033	+	3–530. 23
1090	1034
1091		-	(D) THE DEPARTMENT OF JUVENILE SERVICES AND THE DEPARTMENT OF
1092		-	HUMAN SERVICES SHALL P ROVIDE STAFF FOR THE COMMISSION.
	1035	+	(A) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND 24
	1036	+	VICTIM SERVICES SHALL REQUES T AND ANALYZE DATA R ELATING TO JUVENILES 25
	1037	+	WHO ARE CHARGED , CONVICTED, AND SENTENCED AS ADU LTS IN THE STATE, 26
	1038	+	INCLUDING DATA FROM : 27
1093	1039
1094		-	(E) ~~A MEMBER OF~~ THE ~~COMMISSION:~~
	1040	+	(1) LAW ENFORCEMENT AGEN CIES IN THE STATE; 28 HOUSE BILL 459 23
1095	1041
1096		-	(1) MAY NOT RECEIVE COMP ENSATION AS A MEMBER OF THE
1097		-	COMMISSION; BUT
1098	1042
1099		-	(2) IS ENTITLED TO REIMB URSEMENT FOR EXPENSE S UNDER THE
1100		-	STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET.
1101	1043
1102		-	(F) THE ~~COMMISSION SHALL :~~
	1044	+	(2) THE ADMINISTRATIVE OFFICE OF THE COURTS; 1
1103	1045
1104		-	(1) RESEARCH CULTURALLY COMPETENT , EVIDENCE–BASED,
1105		-	RESEARCH–BASED, AND PROMISING PRACTI CES RELATING TO :
	1046	+	(3) LOCAL CORRECTIONAL F ACILITIES IN THE STATE; AND 2
1106	1047
1107		-	(I) CHILD WELFARE ;
	1048	+	(4) THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL 3
	1049	+	SERVICES. 4
1108	1050
1109		-	(II) JUVENILE REHABILITAT ION;
	1051	+	(B) THE INFORMATION COLLECTED AND ANALYZED UNDER S UBSECTION (A) 5
	1052	+	OF THIS SECTION SHAL L INCLUDE: 6
1110	1053
1111		-	(III) MENTAL HEALTH SERVIC ES FOR CHILDREN ; AND
	1054	+	(1) THE NUMBER OF JUVENI LES CHARGED , CONVICTED, AND 7
	1055	+	SENTENCED AS ADULTS ; 8
1112	1056
1113		-	(IV) PREVENTION AND INTER VENTION SERVICES FOR
1114		-	JUVENILES;
	1057	+	(2) THE OUTCOMES OF CASE S INVOLVING JUVENILE S CHARGED AS 9
	1058	+	ADULTS, INCLUDING WHETHER TH E CASE RESULTED IN CONVICTI ON, DISMISSAL, OR 10
	1059	+	TRANSFER TO THE JUVE NILE COURT UNDER § 4–202, § 4–202.1, OR § 4–202.2 OF THE 11
	1060	+	CRIMINAL PROCEDURE ARTICLE; 12
1115	1061
1116		-	(2) ~~EVALUATE~~ THE ~~COST –EFFECTIVENESS~~ OF ~~PRA~~ ~~CTICES~~
1117		-	~~RESEARCHED BY THE COMMISSION~~; ~~LAWRENCE J. HOGAN, JR., Governor Ch. 42~~
	1062	+	(3) THE NUMBER OF JUVENI LES HOUSED IN EACH STATE 13
	1063	+	CORRECTIONAL FACILIT Y AND LOCAL CORRECTI ONAL FACILITY; AND 14
1118	1064
1119		-	– 25 –
	1065	+	(4) THE LENGTH OF SENTEN CE FOR EACH JUVENILE SENTENCED AS 15
	1066	+	AN ADULT IN THE STATE. 16
1120	1067
1121		-	(3) IDENTIFY MEANS OF EV ALUATING THE EFFECTI VENESS OF
1122		-	PRACTICES RESEARCHED BY THE COMMISSION; AND
	1068	+	(C) ON OR BEFORE DECEMBER 31, 2023, AND ON OR BEFORE DECEMBER 17
	1069	+	31 EACH YEAR THEREAFTER , THE GOVERNOR’S OFFICE OF CRIME PREVENTION, 18
	1070	+	YOUTH, AND VICTIM SERVICES SHALL REPORT ITS FINDINGS TO THE GOVERNOR 19
	1071	+	AND, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE 20
	1072	+	GENERAL ASSEMBLY. 21
1123	1073
1124		-	(4) GIVING SPECIAL ATTENTION TO ORGANIZATIONS LOCATE D IN OR
1125		-	SERVING HISTORICALLY UNDERSERVED COMMUNIT IES, IDENTIFY STRATEGIES TO
1126		-	ENABLE COMMUNITY –BASED ORGANIZATIONS THAT PROVIDE SERVICE S FOR
1127		-	JUVENILES TO EVALUAT E AND VALIDATE SERVI CES AND PROGRAMMING PROVIDED
1128		-	BY THOSE ORGANIZATIONS .
	1074	+	Article – State Government 22
1129	1075
1130		-	(G) ON OR BEFORE DECEMBER 31, 2023, AND ON OR BEFORE DECEMBER
1131		-	31 EACH YEAR THEREAFTER , THE COMMISSION SHALL REPO RT ITS FINDINGS TO
1132		-	THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THIS ARTICLE , THE
1133		-	GENERAL ASSEMBLY.
	1076	+	SUBTITLE 35. COMMISSION ON JUVENILE JUSTICE REFORM AND EMERGING AND 23
	1077	+	BEST PRACTICES. 24
1134	1078
1135		-	SECTION 2. AND BE IT FURTHER ENACTED, That, on or before April 15, 2023,
1136		-	the Department of Juvenile Services shall report to the General Assembly, in accordance
1137		-	with § 2–1257 of the State Government Article, on:
	1079	+	9–3501. 25
1138	1080
1139		-	(1) plans to publish an annual report by the Department of Juvenile
1140		-	Services, in consultation with the Maryland Department of Health, on the length of stay
1141		-	for juveniles in secure facilities while undergoing competency evaluations and receiving
1142		-	services;
	1081	+	IN THIS SUBTITLE, “COMMISSION” MEANS THE COMMISSION ON JUVENILE 26
	1082	+	JUSTICE REFORM AND EMERGING AND BEST PRACTICES. 27
1143	1083
1144		-	~~(2) plans for the inclusion of information and data relating to use of a risk~~
1145		-	~~assessment tool in the Department of Juvenile Services’~~ ~~Data Resource Guide;~~
	1084	+	9–3502. 28
	1085	+	24 HOUSE BILL 459
1146	1086
1147		-	(3) the use of community detention for juveniles in the care and custody of
1148		-	the Department of Juvenile Services;
1149	1087
1150		-	(4) ~~the Department of~~ Juvenile ~~Services’ development of forms for~~
1151		-	~~community detention that do not include information relating to house arrests;~~
	1088	+	(A) THERE IS A COMMISSION ON JUVENILE JUSTICE REFORM AND 1
	1089	+	EMERGING AND BEST PRACTICES. 2
1152	1090
1153		-	(5) the effect of a requirement that the Department of Juvenile Services
1154		-	provide a robust continuum of community –based alternatives to detention in all
1155		-	jurisdictions of the State and recommendations for establishing the requirement;
	1091	+	(B) THE COMMISSION CONSISTS O F THE FOLLOWING MEMB ERS: 3
1156	1092
1157		-	(6) ~~access to mental health services for all juveniles served~~ by ~~the~~
1158		-	~~Department~~ of ~~Juvenile Services~~;
	1093	+	(1) TWO MEMBERS OF THE SENATE OF MARYLAND, APPOINTED BY 4
	1094	+	THE PRESIDENT OF THE SENATE; 5
1159	1095
1160		-	(7) the feasibility of and any plans for providing quality, evidence–based
1161		-	programming for juveniles detained in secure juvenile facilities, including educational
1162		-	programming, structured weekend activities, and activities involving family members of
1163		-	detained juveniles;
1164		-	Ch. 42 2022 LAWS OF MARYLAND
	1096	+	(2) TWO MEMBERS OF THE HOUSE OF DELEGATES, APPOINTED BY 6
	1097	+	THE SPEAKER OF THE HOUSE; 7
1165	1098
1166		-	– 26 –
1167		-	(8) the use of community detention, including electronic monitoring, for
1168		-	juveniles placed on probation;
	1099	+	(3) THE SECRETARY OF JUVENILE SERVICES; 8
1169	1100
1170		-	(9) plans to increase the number of shelter beds available in juvenile
1171		-	facilities, particularly beds for girls;
	1101	+	(4) THE SECRETARY OF HUMAN SERVICES; AND 9
1172	1102
1173		-	(10) plans to track and report data on the number of days juveniles ordered
1174		-	to shelter care placements remain in secure juvenile facilities;
	1103	+	(5) THE FOLLOWING MEMBER S, APPOINTED BY THE GOVERNOR: 10
1175	1104
1176		-	(11) minimum training standards for staff at juvenile facilities;
	1105	+	(I) ONE REPRESENTATIVE O F AN INSTITUTE FOR P UBLIC 11
	1106	+	POLICY THAT SPECIALI ZES IN JUVENILE JUST ICE ISSUES IN THE STATE; 12
1177	1107
1178		-	(12) ~~surveillance systems at juvenile facilities,~~ ~~including whether all~~
1179		-	~~juvenile facilities are equipped with functioning surveillance cameras capable~~ of ~~monitoring~~
1180		-	~~all areas of juvenile facilities~~;
	1108	+	(II) ONE REPRESENTATIVE O F AN INSTITUTE OPERA TED BY THE 13
	1109	+	UNIVERSITY OF MARYLAND SPECIALIZING IN PROVIDING EVIDENC E–BASED AND 14
	1110	+	CULTURALLY COMPETENT SERVICES FOR JUVENIL ES; AND 15
1181	1111
1182		-	(13) minimum standards for facilitating family engagement for juveniles at
1183		-	juvenile facilities, including standards for facilitating daily contact between juveniles and
1184		-	their family members;
	1112	+	(III) THREE REPRESENTATIVE S WITH RELEVANT EDUC ATION 16
	1113	+	AND EXPERIENCE . 17
1185	1114
1186		-	(14) standards for attorneys to access their clients within all juvenile
1187		-	facilities in the State;
	1115	+	(C) THE GOVERNOR SHALL DESIGN ATE THE CHAIR OF THE COMMISSION. 18
1188	1116
1189		-	(15) ~~plans to adopt cognitive behavioral therapy training~~ and ~~restorative~~
1190		-	~~justice training~~ for ~~staff at all juvenile facilities in~~ the ~~State; and~~
	1117	+	(D) THE DEPARTMENT OF JUVENILE SERVICES AND THE DEPARTMENT OF 19
	1118	+	HUMAN SERVICES SHALL PROVID E STAFF FOR THE COMMISSION. 20
1191	1119
1192		-	(16) plans to transition from the current slate of secure juvenile facilities to
1193		-	ensure access to both nonresidential and residential facilities that use culturally
1194		-	competent, evidence–based programming in all jurisdictions of the State.
	1120	+	(E) A MEMBER OF THE COMMISSION: 21
1195	1121
1196		-	~~SECTION 3.~~ ~~AND BE IT FURTHER ENACTED,~~ ~~That, on or before December 31,~~
1197		-	~~2023, the Governor’s Office of Crime Prevention, Youth, and Victim Services shall:~~
	1122	+	(1) MAY NOT RECEIVE COMP ENSATION AS A MEMBER OF THE 22
	1123	+	COMMISSION; BUT 23
1198	1124
1199		-	(1) ~~(i) develop a model policy~~ for ~~diversion of juveniles from~~ the ~~juvenile~~
1200		-	~~justice system and criminal justice system;~~
	1125	+	(2) IS ENTITLED TO REIMB URSEMENT FOR EX PENSES UNDER THE 24
	1126	+	STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 25
1201	1127
1202		-	(ii) identify funding opportunities to support diversion programs for
1203		-	juveniles in the State, including local programs; and
	1128	+	(F) THE COMMISSION SHALL : 26
1204	1129
1205		-	(~~iii~~) ~~collect and evaluate data related to the implementation and~~
1206		-	~~effectiveness of diversion programs for juveniles in the State;~~ and
	1130	+	(1) RESEARCH CULTURALLY COMPETENT , EVIDENCE–BASED, 27
	1131	+	RESEARCH–BASED, AND PROMISING PRACTI CES RELATING TO : 28 HOUSE BILL 459 25
1207	1132
1208		-	(2) report its findings to the General Assembly, in accordance with §
1209		-	2–1257 of the State Government Article.
1210	1133
1211		-	SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect June
1212		-	1, 2022. LAWRENCE J. HOGAN, JR., Governor Ch. 42
1213	1134
1214		-	~~– 27 –~~
	1135	+	(I) CHILD WELFARE ; 1
1215	1136
1216		-	Enacted under Article II, § 17(b) of the Maryland Constitution, April 9, 2022.
	1137	+	(II) JUVENILE REHABILITAT ION; 2
	1138	+
	1139	+	(III) MENTAL HEALTH SERVIC ES FOR CHILDREN ; AND 3
	1140	+
	1141	+	(IV) PREVENTION AND INTER VENTION SERVICES FOR 4
	1142	+	JUVENILES; 5
	1143	+
	1144	+	(2) EVALUATE THE COST –EFFECTIVENESS OF PRA CTICES 6
	1145	+	RESEARCHED BY THE COMMISSION; 7
	1146	+
	1147	+	(3) IDENTIFY MEANS OF EV ALUATING THE EFFECTIVENESS OF 8
	1148	+	PRACTICES RESEARCHED BY THE COMMISSION; AND 9
	1149	+
	1150	+	(4) GIVING SPECIAL ATTEN TION TO ORGANIZATION S LOCATED IN OR 10
	1151	+	SERVING HISTORICALLY UNDERSERVED COMMUNIT IES, IDENTIFY STRATEGIES TO 11
	1152	+	ENABLE COMMUNITY –BASED ORGANIZATIONS THAT PROVIDE SERVICE S FOR 12
	1153	+	JUVENILES TO EVALUAT E AND VALIDATE SERVI CES AND PROGRAMMING PROVIDED 13
	1154	+	BY THOSE ORGANIZATIO NS. 14
	1155	+
	1156	+	(G) ON OR BEFORE DECEMBER 31, 2023, AND ON OR BEFORE DECEMBER 15
	1157	+	31 EACH YEAR THEREAFTER , THE COMMISSION SHALL REPO RT ITS FINDINGS TO 16
	1158	+	THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THIS ARTICLE , THE 17
	1159	+	GENERAL ASSEMBLY. 18
	1160	+
	1161	+	SECTION 2. AND BE IT FURTHER ENACTED, That, on or before April 15, 2023, 19
	1162	+	the Department of Juvenile Services shall report to the General Assembly, in accordance 20
	1163	+	with § 2–1257 of the State Government Article, on: 21
	1164	+
	1165	+	(1) plans to publish an annual report by the Department of Juvenile 22
	1166	+	Services, in consultation with the Maryland Department of Health, on the length of stay 23
	1167	+	for juveniles in secure facilities while undergoing competency evaluations and receiving 24
	1168	+	services; 25
	1169	+
	1170	+	(2) plans for the inclusion of information and data relating to use of a risk 26
	1171	+	assessment tool in the Department of Juvenile Services’ Data Resource Guide; 27
	1172	+
	1173	+	(3) the use of community detention for juveniles in the care and custody of 28
	1174	+	the Department of Juvenile Services; 29
	1175	+
	1176	+	(4) the Department of Juvenile Services’ development of forms for 30
	1177	+	community detention that do not include information relating to house arrests; 31
	1178	+	26 HOUSE BILL 459
	1179	+
	1180	+
	1181	+	(5) the effect of a requirement that the Department of Juvenile Services 1
	1182	+	provide a robust continuum of community –based alternatives to detention in all 2
	1183	+	jurisdictions of the State and recommendations for establishing the requirement; 3
	1184	+
	1185	+	(6) access to mental health services for all juveniles served by the 4
	1186	+	Department of Juvenile Services; 5
	1187	+
	1188	+	(7) the feasibility of and any plans for providing quality, evidence–based 6
	1189	+	programming for juveniles detained in secure juvenile facilities, including educational 7
	1190	+	programming, structured weekend activities, and activities involving family members of 8
	1191	+	detained juveniles; 9
	1192	+
	1193	+	(8) the use of community detention, including electronic monitoring, for 10
	1194	+	juveniles placed on probation; 11
	1195	+
	1196	+	(9) plans to increase the number of shelter beds available in juvenile 12
	1197	+	facilities, particularly beds for girls; 13
	1198	+
	1199	+	(10) plans to track and report data on the number of days juveniles ordered 14
	1200	+	to shelter care placements remain in secure juvenile facilities; 15
	1201	+
	1202	+	(11) minimum training standards for staff at juvenile facilities; 16
	1203	+
	1204	+	(12) surveillance systems at juvenile facilities, including whether all 17
	1205	+	juvenile facilities are equipped with functioning surveillance cameras capable of monitoring 18
	1206	+	all areas of juvenile facilities; 19
	1207	+
	1208	+	(13) minimum standards for facilitating family engagement for juveniles at 20
	1209	+	juvenile facilities, including standards for facilitating daily contact between juveniles and 21
	1210	+	their family members; 22
	1211	+
	1212	+	(14) standards for attorneys to access their clients within all juvenile 23
	1213	+	facilities in the State; 24
	1214	+
	1215	+	(15) plans to adopt cognitive behavioral therapy training and restorative 25
	1216	+	justice training for staff at all juvenile facilities in the State; and 26
	1217	+
	1218	+	(16) plans to transition from the current slate of secure juvenile facilities to 27
	1219	+	ensure access to both nonresidential and residential facilities that use culturally 28
	1220	+	competent, evidence–based programming in all jurisdictions of the State. 29
	1221	+
	1222	+	SECTION 3. AND BE IT FURTHER ENACTED, That, on or before December 31, 30
	1223	+	2023, the Governor’s Office of Crime Prevention, Youth, and Victim Services shall: 31
	1224	+
	1225	+	(1) (i) develop a model policy for diversion of juveniles from the juvenile 32
	1226	+	justice system and criminal justice system; 33
	1227	+	HOUSE BILL 459 27
	1228	+
	1229	+
	1230	+	(ii) identify funding opportunities to support diversion programs for 1
	1231	+	juveniles in the State, including local programs; and 2
	1232	+
	1233	+	(iii) collect and evaluate data related to the implementation and 3
	1234	+	effectiveness of diversion programs for juveniles in the State; and 4
	1235	+
	1236	+	(2) report its findings to the General Assembly, in accordance with § 5
	1237	+	2–1257 of the State Government Article. 6
	1238	+
	1239	+	SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect June 7
	1240	+	1, 2022. 8
	1241	+
	1242	+
	1243	+
	1244	+
	1245	+	Approved:
	1246	+	________________________________________________________________________________
	1247	+	Governor.
	1248	+	________________________________________________________________________________
	1249	+	Speaker of the House of Delegates.
	1250	+	________________________________________________________________________________
	1251	+	President of the Senate.