LAWRENCE J. HOGAN, JR., Governor Ch. 42
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Chapter 42
(House Bill 459)
AN ACT concerning
Juvenile Justice Reform
FOR the purpose of altering provisions of law relating to the jurisdiction of the juvenile
court, the juvenile intake process, and the placement of a certain child in detention
or community detention; altering provisions of law relating to the authority of the
juvenile court in making a disposition on a certain petition; specifying the authority
of the juvenile court to place a child on probation under certain circumstances;
requiring the Governor’s Office of Crime Prevention, Youth, and Victim Services to
request and analyze certain data, develop a model policy for diversion of juveniles
from the juvenile and criminal justice systems, and submit certain reports;
establishing the Commission on Juvenile Justice Reform and Emerging and Best
Practices; requiring the Department of Juvenile Services to provide a certain report
to the General Assembly; and generally relating to juvenile justice.
BY repealing and reenacting, with amendments,
Article – Courts and Judicial Proceedings
Section 3–8A–03, 3–8A–10(c)(4) and (e) (e)(2) and (3), 3–8A–15(b) and (f) through (l),
3–8A–19(d)(1)(i) and (3), and 3–8A–27(a)(2)(iv)
Annotated Code of Maryland
(2020 Replacement Volume and 2021 Supplement)
BY adding to
Article – Courts and Judicial Proceedings
Section 3–8A–10(n), 3–8A–15(l), 3–8A–19.6, and 3–8A–19.7
Annotated Code of Maryland
(2020 Replacement Volume and 2021 Supplement)
BY repealing
Article – Courts and Judicial Proceedings
Section 3–8A–15(e)
Annotated Code of Maryland
(2020 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Criminal Procedure
Section 4–202(b), (c), and (i)(1), 4–202.2(a), 10–215(a)(20), and 10–216(d)(1)
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Education Ch. 42 2022 LAWS OF MARYLAND
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Section 7–303(a)(6)(ii)
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
BY adding to
Article – Public Safety
Section 3–530
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
BY adding to
Article – State Government
Section 9–3501 and 9–3502 to be under the new subtitle “Subtitle 35. Commission
on Juvenile Justice Reform and Emerging and Best Practices”
Annotated Code of Maryland
(2021 Replacement Volume)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Courts and Judicial Proceedings
3–8A–03.
(a) EXCEPT AS OTHERWISE P ROVIDED IN THIS SECT ION, A CHILD UNDER
THE AGE OF 13 YEARS:
(1) IS NOT SUBJECT TO THE JURISDICTION OF THE COURT UNDER
THIS SUBTITLE; AND
(2) MAY NOT BE CHARGED WI TH A CRIME.
(B) In addition to the jurisdiction specified in Subtitle 8 of this title, the court has
exclusive original jurisdiction over:
(1) A child who is [alleged] AT LEAST 13 YEARS OLD:
(I) ALLEGED to be delinquent or in need of supervision; or [who]
(II) WHO has received a citation for a violation;
(2) EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION, A
CHILD WHO IS AT LEAS T 10 YEARS OLD ALLEGED TO HAVE DONE AN ACT :
(I) THAT, IF COMMITTED BY AN A DULT, WOULD CONSTITUTE : LAWRENCE J. HOGAN, JR., Governor Ch. 42
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1. A CRIME PUNISHABLE BY LIFE IMPRISONMENT ;
2. FIRST DEGREE CHILD AB USE UNDER § 3–601 OF THE
CRIMINAL LAW ARTICLE;
3. SEXUAL ABUSE OF A MIN OR UNDER § 3–602(B) OF THE
CRIMINAL LAW ARTICLE;
4. SECOND DEGREE MURDER UNDER § 2–204 OF THE
CRIMINAL LAW ARTICLE;
5. ARMED CARJACKING UNDE R § 3–405 OF THE
CRIMINAL LAW ARTICLE;
6. SECOND DEGREE RAPE UNDER § 3–304 OF THE
CRIMINAL LAW ARTICLE;
7. CONTINUING COURSE OF CONDUCT WITH A CHILD
UNDER § 3–315 OF THE CRIMINAL LAW ARTICLE; OR
8. THIRD DEGREE SEXUAL O FFENSE UNDER § 3–307 OF
THE CRIMINAL LAW ARTICLE; OR
(II) ARISING OUT OF THE SA ME INCIDENT AS AN ACT L ISTED IN
ITEM (I)1 THROUGH 8 OF THIS ITEM;
(3) Except as provided in subsection [(d)(6)] (E)(6) of this section, a peace
order proceeding in which the respondent is a child; and
[(3)] (4) Proceedings arising under the Interstate Compact on Juveniles.
[(b)] (C) The court has concurrent jurisdiction over proceedings against an adult
for the violation of § 3–8A–30 of this subtitle. However, the court may waive its jurisdiction
under this subsection upon its own motion or upon the motion of any party to the
proceeding, if charges against the adult arising from the same incident are pending in the
criminal court. Upon motion by either the State’s Attorney or the adult charged under §
3–8A–30 of this subtitle, the court shall waive its jurisdiction, and the adult shall be tried
in the criminal court according to the usual criminal procedure.
[(c)] (D) The jurisdiction of the court is concurrent with that of the District Court
in any criminal case arising under the compulsory public school attendance laws of this
State.
[(d)] (E) The court does not have jurisdiction over: Ch. 42 2022 LAWS OF MARYLAND
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(1) A child at least 14 years old alleged to have done an act that, if
committed by an adult, would be a crime punishable by life imprisonment, as well as all
other charges against the child arising out of the same incident, unless an order removing
the proceeding to the court has been filed under § 4–202 of the Criminal Procedure Article;
(2) A child at least 16 years old alleged to have done an act in violation of
any provision of the Transportation Article or other traffic law or ordinance, except an act
that prescribes a penalty of incarceration;
(3) A child at least 16 years old alleged to have done an act in violation of
any provision of law, rule, or regulation governing the use or operation of a boat, except an
act that prescribes a penalty of incarceration;
(4) A child at least 16 years old alleged to have committed any of the
following crimes, as well as all other charges against the child arising out of the same
incident, unless an order removing the proceeding to the court has been filed under §
4–202 of the Criminal Procedure Article:
(i) Abduction;
(ii) Kidnapping;
(iii) Second degree murder;
(iv) Manslaughter, except involuntary manslaughter;
(v) Second degree rape;
(vi) Robbery under § 3–403 of the Criminal Law Article;
(vii) Third degree sexual offense under § 3–307(a)(1) of the Criminal
Law Article;
(viii) A crime in violation of § 5–133, § 5–134, § 5–138, or § 5–203 of
the Public Safety Article;
(ix) Using, wearing, carrying, or transporting a firearm during and
in relation to a drug trafficking crime under § 5–621 of the Criminal Law Article;
(x) Use of a firearm under § 5–622 of the Criminal Law Article;
(xi) Carjacking or armed carjacking under § 3–405 of the Criminal
Law Article;
LAWRENCE J. HOGAN, JR., Governor Ch. 42
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(xii) Assault in the first degree under § 3–202 of the Criminal Law
Article;
(xiii) Attempted murder in the second degree under § 2–206 of the
Criminal Law Article;
(xiv) Attempted rape in the second degree under § 3–310 of the
Criminal Law Article;
(xv) Attempted robbery under § 3–403 of the Criminal Law Article; or
(xvi) A violation of § 4–203, § 4–204, § 4–404, or § 4–405 of the
Criminal Law Article;
(5) A child who previously has been convicted as an adult of a felony and is
subsequently alleged to have committed an act that would be a felony if committed by an
adult, unless an order removing the proceeding to the court has been filed under § 4–202 of
the Criminal Procedure Article; or
(6) A peace order proceeding in which the victim, as defined in §
3–8A–01(cc)(1)(ii) of this subtitle, is a person eligible for relief, as defined in § 4–501 of the
Family Law Article.
[(e)] (F) If the child is charged with two or more violations of the Maryland
Vehicle Law, another traffic law or ordinance, or the State Boat Act, allegedly arising out
of the same incident and which would result in the child being brought before both the court
and a court exercising criminal jurisdiction, the court has exclusive jurisdiction over all of
the charges.
(a) In addition to the jurisdiction specified in Subtitle 8 of this title, the court has
exclusive original jurisdiction over:
(1) A child [who]:
(I) WHO is AT LEAST 13 YEARS OLD alleged to be delinquent; or
(II) EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION,
WHO IS AT LEAST 10 YEARS OLD ALLEGED TO HAVE COMMITTED AN AC T:
1. THAT, IF COMMITTED BY AN A DULT, WOULD
CONSTITUTE:
A. A CRIME PUNISHABLE BY LIFE IMPRISONMENT ;
B. FIRST DEGREE CHILD AB USE UNDER § 3–601 OF THE
CRIMINAL LAW ARTICLE; Ch. 42 2022 LAWS OF MARYLAND
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C. SEXUAL ABUSE OF A MIN OR UNDER § 3–602(B) OF THE
CRIMINAL LAW ARTICLE;
D. SECOND DEGREE MURDER UNDER § 2–204 OF THE
CRIMINAL LAW ARTICLE;
E. ARMED CARJACKING UNDE R § 3–405 OF THE
CRIMINAL LAW ARTICLE;
F. SECOND DEGREE RAPE UN DER § 3–304 OF THE
CRIMINAL LAW ARTICLE;
G. CONTINUING COURSE OF CONDUCT WITH A CHILD
UNDER § 3–315 OF THE CRIMINAL LAW ARTICLE; OR
H. THIRD DEGREE SEXUAL O FFENSE UNDER § 3–307 OF
THE CRIMINAL LAW ARTICLE; OR A CRIME OF VIOLENCE , AS DEFINED IN § 14–101
OF THE CRIMINAL LAW ARTICLE; OR
2. ARISING OUT OF THE SA ME INCIDENT AS AN AC T
LISTED IN ITEM 1 OF THIS ITEM;
(2) A CHILD WHO IS in need of supervision; [or]
(3) A CHILD who has received a citation for a violation;
[(2)] (4) Except as provided in subsection (d)(6) of this section, a peace
order proceeding in which the respondent is a child; and
[(3)] (5) Proceedings arising under the Interstate Compact on Juveniles.
(b) The court has concurrent jurisdiction over proceedings against an adult for
the violation of § 3–8A–30 of this subtitle. However, the court may waive its jurisdiction
under this subsection upon its own motion or upon the motion of any party to the
proceeding, if charges against the adult arising from the same incident are pending in the
criminal court. Upon motion by either the State’s Attorney or the adult charged under §
3–8A–30 of this subtitle, the court shall waive its jurisdiction, and the adult shall be tried
in the criminal court according to the usual criminal procedure.
(c) The jurisdiction of the court is concurrent with that of the District Court in
any criminal case arising under the compulsory public school attendance laws of this State.
(d) The court does not have jurisdiction over: LAWRENCE J. HOGAN, JR., Governor Ch. 42
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(1) A child at least 14 years old alleged to have done an act that, if
committed by an adult, would be a crime punishable by life imprisonment, as well as all
other charges against the child arising out of the same incident, unless an order removing
the proceeding to the court has been filed under § 4–202 of the Criminal Procedure Article;
(2) A child at least 16 years old alleged to have done an act in violation of
any provision of the Transportation Article or other traffic law or ordinance, except an act
that prescribes a penalty of incarceration;
(3) A child at least 16 years old alleged to have done an act in violation of
any provision of law, rule, or regulation governing the use or operation of a boat, except an
act that prescribes a penalty of incarceration;
(4) A child at least 16 years old alleged to have committed any of the
following crimes, as well as all other charges against the child arising out of the same
incident, unless an order removing the proceeding to the court has been filed under §
4–202 of the Criminal Procedure Article:
(i) Abduction;
(ii) Kidnapping;
(iii) Second degree murder;
(iv) Manslaughter, except involuntary manslaughter;
(v) Second degree rape;
(vi) Robbery under § 3–403 of the Criminal Law Article;
(vii) Third degree sexual offense under § 3–307(a)(1) of the Criminal
Law Article;
(viii) A crime in violation of § 5–133, § 5–134, § 5–138, or § 5–203 of
the Public Safety Article;
(ix) Using, wearing, carrying, or transporting a firearm during and
in relation to a drug trafficking crime under § 5–621 of the Criminal Law Article;
(x) Use of a firearm under § 5–622 of the Criminal Law Article;
(xi) Carjacking or armed carjacking under § 3–405 of the Criminal
Law Article;
Ch. 42 2022 LAWS OF MARYLAND
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(xii) Assault in the first degree under § 3–202 of the Criminal Law
Article;
(xiii) Attempted murder in the second degree under § 2–206 of the
Criminal Law Article;
(xiv) Attempted rape in the second degree under § 3–310 of the
Criminal Law Article;
(xv) Attempted robbery under § 3–403 of the Criminal Law Article; or
(xvi) A violation of § 4–203, § 4–204, § 4–404, or § 4–405 of the
Criminal Law Article;
(5) A child who previously has been convicted as an adult of a felony and is
subsequently alleged to have committed an act that would be a felony if committed by an
adult, unless an order removing the proceeding to the court has been filed under § 4–202 of
the Criminal Procedure Article; [or]
(6) A peace order proceeding in which the victim, as defined in §
3–8A–01(cc)(1)(ii) of this subtitle, is a person eligible for relief, as defined in § 4–501 of the
Family Law Article; OR
(7) EXCEPT AS PROVIDED IN SUBSECTION (A)(1)(II) OF THIS SECTION,
A DELINQUENCY PROCEE DING AGAINST A CHILD WHO IS UNDER THE AGE OF 13
YEARS.
(e) If the child is charged with two or more violations of the Maryland Vehicle
Law, another traffic law or ordinance, or the State Boat Act, allegedly arising out of the
same incident and which would result in the child being brought before both the court and
a court exercising criminal jurisdiction, the court has exclusive jurisdiction over all of the
charges.
(F) A CHILD UNDER THE AGE OF 13 YEARS MAY NOT BE CHA RGED WITH A
CRIME.
3–8A–10.
(c) (4) (i) 1. [If] EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 2
OF THIS SUBPARAGRAPH , IF a complaint is filed that alleges the commission of an act
which would be a felony if committed by an adult or alleges a violation of § 4–203 or §
4–204 of the Criminal Law Article, and if the intake officer denies authorization to file a
petition or proposes an informal adjustment, the intake officer shall immediately:
[1.] A. Forward the complaint to the State’s Attorney; and LAWRENCE J. HOGAN, JR., Governor Ch. 42
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[2.] B. Forward a copy of the entire intake case file to the
State’s Attorney with information as to any and all prior intake involvement with the child.
2. FOR A COMPLAINT THAT ALLEGES THE COMMISSI ON
OF AN ACT THAT WOULD BE A FELONY IF COMMI TTED BY AN ADULT , THE INTAKE
OFFICER IS NOT REQUI RED TO FORWARD THE C OMPLAINT AND COPY OF THE INTAKE
CASE FILE TO THE STATE’S ATTORNEY IF:
A. THE INTAKE OFFICER PR OPOSES THE MATTER FO R
INFORMAL ADJUSTMENT ;
B. THE ACT DID NOT INVOL VE THE INTENTIONAL
CAUSING OF, OR ATTEMPT TO CAUSE , THE DEATH OF OR PHYS ICAL INJURY TO
ANOTHER; AND
C. THE ACT WOULD NOT BE A CRIME OF VI OLENCE, AS
DEFINED UNDER § 14–101 OF THE CRIMINAL LAW ARTICLE, IF COMMITTED BY AN
ADULT.
(ii) The State’s Attorney shall make a preliminary review as to
whether the court has jurisdiction and whether judicial action is in the best interests of the
public or the child. The need for restitution may be considered as one factor in the public
interest. After the preliminary review the State’s Attorney shall, within 30 days of the
receipt of the complaint by the State’s Attorney, unless the court extends the time:
1. File a petition or a peace order request or both;
2. Refer the complaint to the Department of Juvenile
Services for informal disposition; or
3. Dismiss the complaint.
(iii) This subsection may not be construed or interpreted to limit the
authority of the State’s Attorney to seek a waiver under § 3–8A–06 of this subtitle.
(e) (1) (I) [The] SUBJECT TO SUBPARAGRA PH (II) OF THIS
PARAGRAPH , THE intake officer [may propose an informal adjustment of the matter if],
based on the complaint and the inquiry, [the intake officer concludes] AND AFTER
CONCLUDING that the court has jurisdiction [but that], MAY PROPOSE AN INFOR MAL
ADJUSTMENT OF THE MA TTER IF THE INTAKE O FFICER CONCLUDES THA T an
informal adjustment, rather than judicial action, is in the best interests of the public and
the child.
Ch. 42 2022 LAWS OF MARYLAND
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(II) THE INTAKE OFFICER SH ALL PROPOSE AN INFOR MAL
ADJUSTMENT OF THE MA TTER IF:
1. THE CHILD WHO IS THE SUBJECT OF THE COMPL AINT
HAS NOT BEEN PREVIOU SLY:
A. ADJUDICATED DELINQUENT ; OR
B. REFERRED FOR AN INFO RMAL ADJUSTMENT ;
2. A. THE COMPLAINT ALLEGES THAT THE CHILD
COMMITTED AN ACT THA T WOULD BE A MISDEME ANOR IF COMMITTED BY AN ADULT;
OR
B. IF THE COMPLAINT ALLE GES THAT THE CHILD
COMMITTED AN ACT THA T WOULD BE A FELONY IF COMMITTED BY AN ADUL T, THE
ACT DID NOT INVOLVE THE INTENTIONAL CAUS ING OF, OR ATTEMPT TO CAUSE , THE
DEATH OF OR PHYSICAL INJURY TO ANOTHER AN D WOULD NOT BE A CRI ME OF
VIOLENCE, AS DEFINED UNDER § 14–101 OF THE CRIMINAL LAW ARTICLE, IF
COMMITTED BY AN ADUL T; AND
3. THE COMPLAINT DOES NO T ALLEGE AN ACT
INVOLVING THE USE OR POSSESSION OF A FIRE ARM.
(2) (I) [The] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH , THE intake officer shall propose an informal adjustment by informing the
victim, the child, and the child’s parent or guardian of the nature of the complaint, the
objectives of the adjustment process, and the conditions and procedures under which it will
be conducted.
(II) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBS ECTION,
THE INTAKE OFFICER M AY PROCEED WITH AN I NFORMAL ADJUSTMENT W ITHOUT
INFORMING THE VICTIM AS REQUIRED BY SUBPA RAGRAPH (I) OF THIS PARAGRAPH
IF THE INTAKE OFFICE R HAS MADE REASONABL E EFFORTS TO CONTACT THE VICTI M
FOR THE PURPOSE OF I NFORMING THE VICTIM UNDER SUBPARAGRAPH (I) OF THIS
PARAGRAPH .
(3) The intake officer may not proceed with an informal adjustment unless
[the victim,] the child[,] and the child’s parent or guardian consent to the informal
adjustment procedure.
(N) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , AT ANY TIME
BEFORE AN ADJUDICATO RY HEARING, THE COURT MAY HOLD T HE PROCEEDINGS IN
ABEYANCE FOR INFORMA L ADJUSTMENT IF CONS ENTED TO BY: LAWRENCE J. HOGAN, JR., Governor Ch. 42
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(I) THE STATE’S ATTORNEY;
(II) THE CHILD WHO IS THE SUBJECT OF THE PETIT ION AND THE
CHILD’S COUNSEL; AND
(III) THE COURT.
(2) (I) IF THE CHILD SUCCESSF ULLY COMPLETES THE I NFORMAL
ADJUSTMENT , THE COURT SHALL DISM ISS THE DELINQUENCY PETITION.
(II) IF THE CHILD DOES NOT SUCCESSFULLY COMPLET E THE
INFORMAL ADJUSTMENT , THE COURT SHALL RESU ME PROCEEDINGS UNDER THIS
SUBTITLE AGAINST THE CHILD.
3–8A–15.
(b) (1) [If] SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS SUBSECTION ,
IF a child is taken into custody under this subtitle, the child may be placed in detention or
community detention prior to a hearing if:
[(1)] (I) Such action is required to protect the child or others; or
[(2)] (II) The child is likely to leave the jurisdiction of the court.
(2) (I) IN THIS PARAGRAPH , “RISK SCORING INSTRUM ENT” MEANS
A TOOL, A METRIC, AN ALGORITHM , OR SOFTWARE THAT :
1. IS USED TO ASSIST IN DETERMINING THE ELIG IBILITY
OF A CHILD FOR RELEA SE BEFORE A HEARING ; AND
2. HAS BEEN INDEPENDENTLY VALIDA TED AT LEAST
ONCE IN THE PRECEDIN G 5 YEARS.
(II) THE COURT OR AN INTAK E OFFICER SHALL CONS IDER THE
RESULTS OF A RISK SC ORING INSTRUMENT BEF ORE PLACING A CHILD IN
DETENTION.
(3) A CHILD ALLEGED TO HAV E COMMITTED A DELINQ UENT ACT MAY
NOT BE PLACED IN DET ENTION BEFORE A HEAR ING IF THE MOST SERI OUS OFFENSE
WOULD BE A MISDEMEAN OR IF COMMITTED BY A N ADULT, UNLESS:
Ch. 42 2022 LAWS OF MARYLAND
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(I) THE ACT INVOLVED A HA NDGUN AND WOULD BE A
VIOLATION UNDER THE CRIMINAL LAW ARTICLE OR THE PUBLIC SAFETY ARTICLE
IF COMMITTED BY AN ADULT ; OR
(II) THE CHILD HAS BEEN AD JUDICATED DELINQUENT AT
LEAST TWICE IN THE P RECEDING 12 MONTHS.
[(e) Notwithstanding any other provision of this section, detention may not be
continued beyond emergency detention for a child under the age of 12 years unless:
(1) The child is alleged to have committed an act that, if committed by an
adult, would be a crime of violence as defined under § 14–101 of the Criminal Law Article;
or
(2) The child is likely to leave the jurisdiction of the court.]
[(f)] (E) (1) Detention or community detention may not be continued beyond
emergency detention or community detention unless, upon an order of court after a hearing,
the court has found that one or more of the circumstances stated in subsection (b) of this
section exist.
(2) A court order under this paragraph shall:
(i) Contain a written determination of whether or not the criteria
contained in subsection (c)(1) and (2) of this section have been met; and
(ii) Specify which of the circumstances stated in subsection (b) of this
section exist.
(3) (i) If the court has not specifically prohibited community detention,
the Department of Juvenile Services may release the child from detention into community
detention and place the child in:
1. Shelter care; or
2. The custody of the child’s parent, guardian, custodian, or
other person able to provide supervision and care for the child and to return the child to
court when required.
(ii) If a child who has been released by the Department of Juvenile
Services or the court into community detention violates the conditions of community
detention, and it is necessary to protect the child or others, an intake officer may authorize
the detention of the child.
LAWRENCE J. HOGAN, JR., Governor Ch. 42
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(iii) The Department of Juvenile Services shall promptly notify the
court of:
1. The release of a child from detention under subparagraph
(i) of this paragraph; or
2. The return to detention of a child under subparagraph (ii)
of this paragraph.
(iv) 1. If a child is returned to detention under subparagraph (ii)
of this paragraph, the intake officer who authorized detention shall immediately file a
petition to authorize continued detention.
2. A hearing on the petition to authorize continued detention
shall be held no later than the next court day, unless extended for no more than 5 days by
the court on good cause shown.
3. Reasonable notice, oral or written, stating the time, place,
and purpose of the hearing, shall be given to the child and, if they can be located, the child’s
parents, guardian, or custodian.
[(g)] (F) (1) Shelter care may only be continued beyond emergency shelter
care if the court has found that:
(i) Continuation of the child in the child’s home is contrary to the
welfare of the child; and
(ii) 1. Removal of the child from the child’s home is necessary
due to an alleged emergency situation and in order to provide for the safety of the child; or
2. Reasonable but unsuccessful efforts were made to prevent
or eliminate the need for removal of the child from the home.
(2) (i) If the court continues shelter care on the basis of an alleged
emergency, the court shall assess whether the absence of efforts to prevent removal was
reasonable.
(ii) If the court finds that the absence of efforts to prevent removal
was not reasonable, the court shall make a written determination so stating.
(3) The court shall make a determination as to whether reasonable efforts
are being made to make it possible to return the child to the child’s home or whether the
absence of such efforts is reasonable.
[(h)] (G) A child alleged to be delinquent may not be detained in a jail or other
facility for the detention of adults. Ch. 42 2022 LAWS OF MARYLAND
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[(i)] (H) (1) A child alleged to be in need of supervision may not be placed in:
(i) Detention or community detention;
(ii) A State mental health facility; or
(iii) A shelter care facility that is not operating in compliance with
applicable State licensing laws.
(2) Subject to paragraph (1)(iii) of this subsection, a child alleged to be in
need of supervision may be placed in shelter care facilities maintained or approved by the
Social Services Administration or the Department of Juvenile Services or in a private home
or shelter care facility approved by the court.
(3) The Secretary of Human Services and the Secretary of Juvenile
Services together, when appropriate, with the Secretary of Health shall jointly adopt
regulations to ensure that any child placed in shelter care pursuant to a petition filed under
subsection (d) of this section be provided appropriate services, including:
(i) Health care services;
(ii) Counseling services;
(iii) Education services;
(iv) Social work services; and
(v) Drug and alcohol abuse assessment or treatment services.
(4) In addition to any other provision, the regulations shall require:
(i) The Department of Juvenile Services to develop a plan within 45
days of placement of a child in a shelter care facility to assess the child’s treatment needs;
and
(ii) The plan to be submitted to all parties to the petition and their
counsel.
[(j)] (I) The intake officer or the official who authorized detention, community
detention, or shelter care under this subtitle shall immediately give written notice of the
authorization for detention, community detention, or shelter care to the child’s parent,
guardian, or custodian and to the court. The notice shall be accompanied by a statement of
the reasons for taking the child into custody and placing him in detention, community
detention, or shelter care. This notice may be combined with the notice required under
subsection (d) of this section. LAWRENCE J. HOGAN, JR., Governor Ch. 42
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[(k)] (J) (1) If a child is alleged to have committed a delinquent act, the court
or a juvenile intake officer shall consider including, as a condition of releasing the child
pending an adjudicatory or disposition hearing, reasonable protections for the safety of the
alleged victim.
(2) If a victim has requested reasonable protections for safety, the court or
juvenile intake officer shall consider including, as a condition of releasing the child pending
an adjudicatory or disposition hearing, provisions regarding no contact with the alleged
victim or the alleged victim’s premises or place of employment.
[(l)] (K) If a child remains in a facility used for detention [for the specific act for
which the child has been adjudicated delinquent for more than 25 days after the court has
made a disposition on a petition under § 3–8A–19 of this subtitle], the Department of
Juvenile Services shall:
(1) [On the first available court date after the 25th day that the child
remains in a facility used for detention,] WITHIN 14 DAYS AFTER THE CHILD ’S INITIAL
DETENTION, appear at a hearing before the court with the child to explain the reasons for
continued detention; and
(2) Every [25] 14 days thereafter, appear at another hearing before the
court with the child to explain the reasons for continued detention.
(L) WITHIN 10 DAYS AFTER A DECISIO N TO DETAIN A CHILD UNDER THIS
SUBTITLE IN A FACILI TY USED FOR DETENTIO N, THE DEPARTMENT OF JUVENILE
SERVICES SHALL SUBMIT A PLAN TO THE COURT FOR RELEASING THE CH ILD INTO
THE COMMUNITY .
3–8A–19.
(d) (1) In making a disposition on a petition under this subtitle, the court may:
(i) [Place] SUBJECT TO § 3–8A–19.6 OF THIS SUBTITLE , PLACE
the child on probation or under supervision in his own home or in the custody or under the
guardianship of a relative or other fit person, upon terms the court deems appropriate,
including community detention;
(3) (i) [Except as provided in subparagraph (ii) or (iii) of this
paragraph, a] A child may not be committed to the Department of Juvenile Services for
out–of–home placement if the most serious offense is:
1. Possession of marijuana under § 5–601(c)(2)(ii) of the
Criminal Law Article;
Ch. 42 2022 LAWS OF MARYLAND
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2. [Possession or purchase of a noncontrolled substance
under § 5–618 of the Criminal Law Article;
3. Disturbing the peace or disorderly conduct under § 10–201
of the Criminal Law Article;
4. Malicious destruction of property under § 6–301 of the
Criminal Law Article;
5. An offense involving inhalants under § 5–708 of the
Criminal Law Article;
6. An offense involving prostitution under § 11–303, §
11–306, or § 11–307 of the Criminal Law Article;
7. Theft under § 7–104(g)(2) or (3) of the Criminal Law
Article; or
8. Trespass under § 6–402(b)(1) or § 6–403(c)(1) of the
Criminal Law Article] AN OFFENSE THAT WOULD BE A MISDEMEANOR IF COMMITTED
BY AN ADULT, UNLESS:
A. THE OFFENSE INVOLVES A FIREARM; AND
B. THE CHILD HAS BEEN AD JUDICATED DELINQUENT ON
A PRIOR OCCASION FOR AN OFFENSE INVOLVING A FIREARM; OR THE OFFENSE
INVOLVES A FIREARM ; OR
3. A TECHNICAL VIOLATION , AS DEFINED IN § 3–8A–19.7
3–8A–19.6 OF THIS SUBTITLE.
[(ii) A child whose most serious offense is an offense listed in
subparagraph (i) of this paragraph may be committed to the Department of Juvenile
Services for out–of–home placement if:
1. The child previously has been adjudicated delinquent for
three or more offenses arising from separate and independent circumstances;
2. The child waives the prohibition described in
subparagraph (i) of this paragraph and the court accepts the waiver as knowing, intelligent,
and voluntary; or
3. The court makes a written finding in accordance with
subparagraph (iii) of this paragraph.
LAWRENCE J. HOGAN, JR., Governor Ch. 42
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(iii) A child whose most serious offense is an offense listed in
subparagraph (i) of this paragraph may be committed to the Department of Juvenile
Services for out–of–home placement if the court makes a written finding, including the
specific facts supporting the finding, that an out–of–home placement is necessary for the
welfare of the child or in the interest of public safety.]
[(iv)] (II) This paragraph may not be construed to prohibit the court
from committing the child to another appropriate agency.
3–8A–19.6.
(A) IN THIS SECTION , “TECHNICAL VIOLATION ” MEANS A VIOLATION OF
PROBATION THAT DOES NOT INVOLVE:
(1) AN ARREST OR A SUMMON S ISSUED BY A COMMISSIONER ON A
STATEMENT OF CHARGES FILED BY A LAW ENFOR CEMENT OFFICER ;
(2) A VIOLATION OF A CRIMI NAL PROHIBITION , OR AN ACT THAT
WOULD BE A VIOLATION OF A CRIMINAL PROHIB ITION IF COMMITTED B Y AN ADULT,
OTHER THAN A MINOR T RAFFIC OFFENSE ;
(3) A VIOLATION OF A NO –CONTACT OR STAY –AWAY ORDER; OR
(4) ABSCONDING.
(B) THIS SECTION DOES NOT APPLY TO AN OFFENSE COMMITTED BY A CHILD
THAT, IF COMMITTED BY AN A DULT, WOULD BE A FELONY AN D A CRIME OF VIOLENC E
UNDER § 14–101 OF THE CRIMINAL LAW ARTICLE.
(A) (C) THE COURT MAY NOT PLA CE A CHILD ON PROBAT ION FOR A TERM
EXCEEDING THAT PROVI DED IN THIS SECTION .
(B) (D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, IF THE MOST SERIOUS OFFENSE COMMITTED BY A CHILD WOULD BE A
MISDEMEANOR IF COMMITTED BY AN ADUL T, THE COURT MAY PLACE THE CHILD ON
PROBATION FOR A PERI OD NOT EXCEEDING 6 MONTHS.
(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE COURT
MAY, AFTER A HEARING , EXTEND THE PROBATION BY PERIODS NOT EXCEE DING 3
MONTHS IF THE COURT FINDS THAT:
(I) THERE IS GOOD CAUSE T O EXTEND THE PROBATI ON; AND
Ch. 42 2022 LAWS OF MARYLAND
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(II) THE PURPOSE OF EXTEND ING THE PROBATION IS TO
ENSURE THAT THE CHIL D COMPLETES A TREATM ENT OR REHABILITATIV E
PROGRAM OR SERVICE .
(3) THE TOTAL PERIOD OF T HE PROBATION , INCLUDING EXTENSIONS
OF THE PROBATION , MAY NOT EXCEED 1 YEAR.
(C) (E) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION AND SUBSECTION (D) OF THIS SECTION , IF THE MOST SERIOUS
OFFENSE COMMITTED BY A CHILD WOULD BE A FELONY IF COMMITTED BY AN
ADULT, THE COURT MAY PLACE THE CHILD ON PROBATI ON FOR A PERIOD NOT
EXCEEDING 1 YEAR.
(2) (I) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE
COURT MAY , AFTER A HEARING , EXTEND THE PROBATION BY PERIODS NOT
EXCEEDING 3 MONTHS IF THE COURT FINDS THAT:
1. THERE IS GOOD CAUSE T O EXTEND THE PROBATI ON;
AND
2. THE PURPOSE OF EXTEND ING THE PROBATION IS TO
ENSURE THAT THE CHIL D COMPLETES A TREATM ENT OR REHABILITATIV E
PROGRAM OR SERVICE .
(II) EXCEPT AS PROVIDED I N PARAGRAPH (3) OF THIS
SUBSECTION, IF THE PROBATION IS EXTENDED UNDER THIS PARAGRAPH , THE
TOTAL PERIOD OF THE PROBATION MAY NOT EX CEED 2 YEARS.
(3) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE
COURT MAY EXTEND THE PERIOD OF THE PROBAT ION FOR A PERIOD OF TIME
GREATER THAN THE PER IOD DESCRIBED IN PAR AGRAPH (2)(II) OF THIS
SUBSECTION IF, AFTER A HEARING , THE COURT FINDS BY C LEAR AND CONVINCING
EVIDENCE THAT:
1. THERE IS GOOD CAUSE T O EXTEND THE PROBATI ON;
AND
2. EXTENDING THE PROBATI ON IS IN THE BEST
INTEREST OF THE CHIL D.
(II) IF THE PROBATION IS E XTENDED UNDER THIS P ARAGRAPH,
THE TOTAL PERIOD OF PROBATION, INCLUDING EXTENSIONS UNDER PARAGRAPH
(2) OF THIS SUBSECTION , MAY NOT EXCEED 3 YEARS. LAWRENCE J. HOGAN, JR., Governor Ch. 42
– 19 –
(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , IF
THE MOST SERIOUS OFF ENSE COMMITTED BY A CHILD WOULD BE A CRI ME THAT, IF
COMMITTED BY AN ADUL T, WOULD BE PUNISHABLE BY LIFE IMPRISONMENT , THE
COURT MAY PLACE THE CHILD ON PROBATION F OR A PERIOD NOT EXCE EDING 2
YEARS.
(2) THE COURT MAY , AFTER A HEARING , EXTEND THE PROBATION BY
PERIODS NOT EXCEEDIN G 3 MONTHS IF THE COURT FINDS THAT:
(I) THERE IS GOOD CAUSE T O EXTEND THE PR OBATION; AND
(II) THE PURPOSE OF EXTEND ING THE PROBATION IS TO
ENSURE THAT THE CHIL D COMPLETES A TREATM ENT OR REHABILITATIV E
PROGRAM OR SERVICE .
(F) NOTWITHSTANDING ANY O THER PROVISION OF TH IS SECTION, IF A
CHILD IS FOUND TO HA VE COMMITTED A VIOLATION OF PROBATI ON, EXCEPT FOR A
TECHNICAL VIOLATION , A COURT MAY, AFTER A HEARING , PLACE THE CHILD ON A
NEW TERM OF PROBATIO N FOR A PERIOD THAT IS CONSISTENT WITH T HE PERIOD OF
PROBATION THAT MAY B E IMPOSED UNDER THIS SECTION FOR THE DELI NQUENT ACT
FOR WHICH THE CHILD WA S ORIGINALLY PLACED ON PROBATION .
3–8A–19.7.
(A) IN THIS SECTION , “TECHNICAL VIOLATION ” MEANS A VIOLATION OF
PROBATION THAT DOES NOT INVOLVE:
(1) AN ARREST OR A SUMMON S ISSUED BY A COMMIS SIONER ON A
STATEMENT OF CHARGES FILED BY A LAW ENFORCEMENT OF FICER;
(2) A VIOLATION OF A CRIMI NAL PROHIBITION , OR AN ACT THAT
WOULD BE A VIOLATION OF A CRIMINAL PROHIB ITION IF COMMITTED B Y AN ADULT,
OTHER THAN A MINOR T RAFFIC OFFENSE ;
(3) A VIOLATION OF A NO –CONTACT OR STAY –AWAY ORDER ; OR
(4) ABSCONDING HAS THE MEANING STAT ED IN § 3–8A–19.6 OF THIS
SUBTITLE.
(B) A CHILD MAY NOT BE PLA CED IN A FACILITY US ED FOR DETENTION FOR
A TECHNICAL VIOLATIO N.
3–8A–27. Ch. 42 2022 LAWS OF MARYLAND
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(a) (2) This subsection does not prohibit:
(iv) A law enforcement agency of the State or of a political subdivision
of the State, when necessary and for the sole purposes of facilitating apprehension of a child
and ensuring public safety, from releasing to the public photographs and identifying
information of a child who:
1. Has escaped from:
A. A detention center for juveniles;
B. A secure residential facility for juveniles; or
C. A correctional unit as defined in § 2–401 of the
Correctional Services Article;
2. Is a missing child as defined in § 9–401 of the Family Law
Article; or
3. The court does not have jurisdiction over pursuant to [§
3–8A–03(d)(1), (4), or (5)] § 3–8A–03(E)(1), (4), OR (5) of this subtitle and who is subject
to:
A. Arrest; or
B. An arrest warrant issued by a criminal court.
Article – Criminal Procedure
4–202.
(b) Except as provided in subsection (c) of this section, a court exercising criminal
jurisdiction in a case involving a child may transfer the case to the juvenile court before
trial or before a plea is entered under Maryland Rule 4–242 if:
(1) the accused child was at least 14 but not 18 years of age when the
alleged crime was committed;
(2) the alleged crime is excluded from the jurisdiction of the juvenile court
under [§ 3–8A–03(d)(1), (4), or (5)] § 3–8A–03(E)(1), (4), OR (5) of the Courts Article; and
(3) the court determines by a preponderance of the evidence that a transfer
of its jurisdiction is in the interest of the child or society.
LAWRENCE J. HOGAN, JR., Governor Ch. 42
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(c) The court may not transfer a case to the juvenile court under subsection (b) of
this section if:
(1) the child was convicted in an unrelated case excluded from the
jurisdiction of the juvenile court under [§ 3–8A–03(d)(1) or (4)] § 3–8A–03(E)(1) OR (4) of
the Courts Article; or
(2) the alleged crime is murder in the first degree and the accused child
was 16 or 17 years of age when the alleged crime was committed.
(i) (1) The provisions of § 3–8A–27 of the Courts Article relating to
confidentiality of records apply to all police records and court records concerning the child
excluded from the jurisdiction of the juvenile court under [§ 3–8A–03(d)(1), (4), or (5)] §
3–8A–03(E)(1), (4), OR (5) of the Courts Article from the time of the child’s arrest until:
(i) the time for filing of a motion to transfer to juvenile court under
the Maryland Rules has expired and no such motion has been filed; or
(ii) a motion to transfer to juvenile court has been denied.
4–202.2.
(a) At sentencing, a court exercising criminal jurisdiction in a case involving a
child shall determine whether to transfer jurisdiction to the juvenile court if:
(1) as a result of trial or a plea entered under Maryland Rule 4–242, all
charges that excluded jurisdiction from the juvenile court under [§ 3–8A–03(d)(1) or (4)] §
3–8A–03(E)(1) OR (4) of the Courts Article do not result in a finding of guilty; and
(2) (i) pretrial transfer was prohibited under § 4–202(c)(2) of this
subtitle; or
(ii) the court did not transfer jurisdiction after a hearing under §
4–202(b) of this subtitle.
10–215.
(a) The following events are reportable events under this subtitle that must be
reported to the Central Repository in accordance with § 10–214 of this subtitle:
(20) an adjudication of a child as delinquent:
(i) if the child is at least 14 years old, for an act described in [§
3–8A–03(d)(1)] § 3–8A–03(E)(1) of the Courts Article; or
Ch. 42 2022 LAWS OF MARYLAND
– 22 –
(ii) if the child is at least 16 years old, for an act described in [§
3–8A–03(d)(4) or (5)] § 3–8A–03(E)(4) OR (5) of the Courts Article;
10–216.
(d) (1) This subsection only applies to an adjudication of delinquency of a child:
(i) for an act described in [§ 3–8A–03(d)(1)] § 3–8A–03(E)(1) of the
Courts Article if the child is at least 14 years old; or
(ii) for an act described in [§ 3–8A–03(d)(4) or (5)] § 3–8A–03(E)(4)
OR (5) of the Courts Article if the child is at least 16 years old.
Article – Education
7–303.
(a) (6) “Reportable offense” means:
(ii) Any of the offenses enumerated in [§ 3–8A–03(d)(4)] §
3–8A–03(E)(4) of the Courts Article;
Article – Public Safety
3–530.
(A) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND
VICTIM SERVICES SHALL REQUES T AND ANALYZE DATA R ELATING TO JUVENILES
WHO ARE CHARGED , CONVICTED, AND SENTENCED AS ADU LTS IN THE STATE,
INCLUDING DATA FROM :
(1) LAW ENFORCEMENT AGEN CIES IN THE STATE;
(2) THE ADMINISTRATIVE OFFICE OF THE COURTS;
(3) LOCAL CORRECTIONAL F ACILITIES IN THE STATE; AND
(4) THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL
SERVICES.
(B) THE INFORMATION COLLEC TED AND ANALYZED UND ER SUBSECTION (A)
OF THIS SECTION SHAL L INCLUDE:
LAWRENCE J. HOGAN, JR., Governor Ch. 42
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(1) THE NUMBER OF JUVENI LES CHARGED , CONVICTED, AND
SENTENCED AS ADULTS ;
(2) THE OUTCOMES OF CASE S INVOLVING JUVENILE S CHARGED AS
ADULTS, INCLUDING WHETHER TH E CASE RESULTED IN C ONVICTION, DISMISSAL, OR
TRANSFER TO THE JUVE NILE COURT UNDER § 4–202, § 4–202.1, OR § 4–202.2 OF THE
CRIMINAL PROCEDURE ARTICLE;
(3) THE NUMBER OF JUV ENILES HOUSED IN EAC H STATE
CORRECTIONAL FACILIT Y AND LOCAL CORRECTI ONAL FACILITY; AND
(4) THE LENGTH OF SENTEN CE FOR EACH JUVENILE SENTENCED AS
AN ADULT IN THE STATE.
(C) ON OR BEFORE DECEMBER 31, 2023, AND ON OR BEFORE DECEMBER
31 EACH YEAR THEREAF TER, THE GOVERNOR’S OFFICE OF CRIME PREVENTION,
YOUTH, AND VICTIM SERVICES SHALL REPORT ITS FINDINGS TO THE GOVERNOR
AND, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE
GENERAL ASSEMBLY.
Article – State Government
SUBTITLE 35. COMMISSION ON JUVENILE JUSTICE REFORM AND EMERGING AND
BEST PRACTICES.
9–3501.
IN THIS SUBTITLE , “COMMISSION” MEANS THE COMMISSION ON JUVENILE
JUSTICE REFORM AND EMERGING AND BEST PRACTICES.
9–3502.
(A) THERE IS A COMMISSION ON JUVENILE JUSTICE REFORM AND
EMERGING AND BEST PRACTICES.
(B) THE COMMISSION CONSISTS O F THE FOLLOWING MEMB ERS:
(1) TWO MEMBERS OF THE SENATE OF MARYLAND, APPOINTED BY
THE PRESIDENT OF THE SENATE;
(2) TWO MEMBERS OF THE HOUSE OF DELEGATES, APPOINTED BY
THE SPEAKER OF THE HOUSE;
(3) THE SECRETARY OF JUVENILE SERVICES; Ch. 42 2022 LAWS OF MARYLAND
– 24 –
(4) THE SECRETARY OF HUMAN SERVICES; AND
(5) THE FOLLOWING MEMBER S, APPOINTED BY THE GOVERNOR:
(I) ONE REPRESENTATIVE O F AN INSTITUTE FOR P UBLIC
POLICY THAT SPECIALI ZES IN JUVENILE JUST ICE ISSUES IN THE STATE;
(II) ONE REPRESENTATIVE O F AN INSTITUTE OPERA TED BY THE
UNIVERSITY OF MARYLAND SPECIALIZING IN PROVIDING EVIDENC E–BASED AND
CULTURALLY COMPE TENT SERVICES FOR JU VENILES; AND
(III) THREE REPRESENTATIVE S WITH RELEVANT EDUC ATION
AND EXPERIENCE .
(C) THE GOVERNOR SHALL DESIGN ATE THE CHAIR OF THE COMMISSION.
(D) THE DEPARTMENT OF JUVENILE SERVICES AND THE DEPARTMENT OF
HUMAN SERVICES SHALL P ROVIDE STAFF FOR THE COMMISSION.
(E) A MEMBER OF THE COMMISSION:
(1) MAY NOT RECEIVE COMP ENSATION AS A MEMBER OF THE
COMMISSION; BUT
(2) IS ENTITLED TO REIMB URSEMENT FOR EXPENSE S UNDER THE
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET.
(F) THE COMMISSION SHALL :
(1) RESEARCH CULTURALLY COMPETENT , EVIDENCE–BASED,
RESEARCH–BASED, AND PROMISING PRACTI CES RELATING TO :
(I) CHILD WELFARE ;
(II) JUVENILE REHABILITAT ION;
(III) MENTAL HEALTH SERVIC ES FOR CHILDREN ; AND
(IV) PREVENTION AND INTER VENTION SERVICES FOR
JUVENILES;
(2) EVALUATE THE COST –EFFECTIVENESS OF PRA CTICES
RESEARCHED BY THE COMMISSION; LAWRENCE J. HOGAN, JR., Governor Ch. 42
– 25 –
(3) IDENTIFY MEANS OF EV ALUATING THE EFFECTI VENESS OF
PRACTICES RESEARCHED BY THE COMMISSION; AND
(4) GIVING SPECIAL ATTENTION TO ORGANIZATIONS LOCATE D IN OR
SERVING HISTORICALLY UNDERSERVED COMMUNIT IES, IDENTIFY STRATEGIES TO
ENABLE COMMUNITY –BASED ORGANIZATIONS THAT PROVIDE SERVICE S FOR
JUVENILES TO EVALUAT E AND VALIDATE SERVI CES AND PROGRAMMING PROVIDED
BY THOSE ORGANIZATIONS .
(G) ON OR BEFORE DECEMBER 31, 2023, AND ON OR BEFORE DECEMBER
31 EACH YEAR THEREAFTER , THE COMMISSION SHALL REPO RT ITS FINDINGS TO
THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THIS ARTICLE , THE
GENERAL ASSEMBLY.
SECTION 2. AND BE IT FURTHER ENACTED, That, on or before April 15, 2023,
the Department of Juvenile Services shall report to the General Assembly, in accordance
with § 2–1257 of the State Government Article, on:
(1) plans to publish an annual report by the Department of Juvenile
Services, in consultation with the Maryland Department of Health, on the length of stay
for juveniles in secure facilities while undergoing competency evaluations and receiving
services;
(2) plans for the inclusion of information and data relating to use of a risk
assessment tool in the Department of Juvenile Services’ Data Resource Guide;
(3) the use of community detention for juveniles in the care and custody of
the Department of Juvenile Services;
(4) the Department of Juvenile Services’ development of forms for
community detention that do not include information relating to house arrests;
(5) the effect of a requirement that the Department of Juvenile Services
provide a robust continuum of community –based alternatives to detention in all
jurisdictions of the State and recommendations for establishing the requirement;
(6) access to mental health services for all juveniles served by the
Department of Juvenile Services;
(7) the feasibility of and any plans for providing quality, evidence–based
programming for juveniles detained in secure juvenile facilities, including educational
programming, structured weekend activities, and activities involving family members of
detained juveniles;
Ch. 42 2022 LAWS OF MARYLAND
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(8) the use of community detention, including electronic monitoring, for
juveniles placed on probation;
(9) plans to increase the number of shelter beds available in juvenile
facilities, particularly beds for girls;
(10) plans to track and report data on the number of days juveniles ordered
to shelter care placements remain in secure juvenile facilities;
(11) minimum training standards for staff at juvenile facilities;
(12) surveillance systems at juvenile facilities, including whether all
juvenile facilities are equipped with functioning surveillance cameras capable of monitoring
all areas of juvenile facilities;
(13) minimum standards for facilitating family engagement for juveniles at
juvenile facilities, including standards for facilitating daily contact between juveniles and
their family members;
(14) standards for attorneys to access their clients within all juvenile
facilities in the State;
(15) plans to adopt cognitive behavioral therapy training and restorative
justice training for staff at all juvenile facilities in the State; and
(16) plans to transition from the current slate of secure juvenile facilities to
ensure access to both nonresidential and residential facilities that use culturally
competent, evidence–based programming in all jurisdictions of the State.
SECTION 3. AND BE IT FURTHER ENACTED, That, on or before December 31,
2023, the Governor’s Office of Crime Prevention, Youth, and Victim Services shall:
(1) (i) develop a model policy for diversion of juveniles from the juvenile
justice system and criminal justice system;
(ii) identify funding opportunities to support diversion programs for
juveniles in the State, including local programs; and
(iii) collect and evaluate data related to the implementation and
effectiveness of diversion programs for juveniles in the State; and
(2) report its findings to the General Assembly, in accordance with §
2–1257 of the State Government Article.
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect June
1, 2022. LAWRENCE J. HOGAN, JR., Governor Ch. 42
– 27 –
Enacted under Article II, § 17(b) of the Maryland Constitution, April 9, 2022.