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Maryland House Bill HB814

Maryland 2024 Regular Session

Maryland House Bill HB814 Compare Versions

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1- WES MOORE, Governor Ch. 735
2-
3-– 1 –
4-Chapter 735
5-(House Bill 814)
6-
7-AN ACT concerning
8-
9-Juvenile Law – Reform
10-
11-FOR the purpose of altering certain provisions relating to the Commission on Juvenile
12-Justice Reform and Emerging and Best Practices; altering the jurisdiction of the
13-juvenile court over a child of a certain age alleged to have committed a certain
14-offense; altering certain procedures relating to juvenile intake, juvenile detention,
15-and juvenile probation; altering certain provisions relating to the taking of a child
16-into custody by a law enforcement officer; expanding certain provisions of law
17-relating to the entry onto certain school or other property by, and the education of,
18-certain sex offender registrants to include juvenile sex offender registrants;
19-establishing the Governor’s Office for Children, the Children’s Cabinet, and the
20-Governor’s Office of Crime Prevention and Policy; altering certain provisions relating
21-to the State Comprehensive Juvenile Services 3–Year Plan; repealing certain
22-provisions relating to the State Advisory Board for Juvenile Services; altering certain
23-provisions relating to the Juvenile Justice Monitoring Unit; altering certain
24-provisions relating to the Commission on Juvenile Justice Reform and Emerging and
25-Best Practices; altering certain provisions relating to the Commission on Juvenile
26-Justice Reform and Emerging and Best Practices; altering a certain reporting
27-requirement of the Department of Juvenile Services; requiring the Governor’s Office
28-of Crime Prevention, Youth, and Victim Services to make a certain report; and
29-generally relating to juvenile law.
30-
31-BY repealing and reenacting, without amendments,
32- Article – State Government
33- Section 6–401(a) and (i) and 9–3501
34- Annotated Code of Maryland
35- (2021 Replacement Volume and 2023 Supplement)
36-
37-BY repealing and reenacting, with amendments,
38- Article – State Government
39- Section 6–406 and 9–3502
40- Annotated Code of Maryland
41- (2021 Replacement Volume and 2023 Supplement)
42-
43-BY repealing and reenacting, with amendments,
44- Article – Courts and Judicial Proceedings
45-Section 3–8A–03, 3–8A–10(c) and (g), 3–8A–14, 3–8A–15(b)(3), (e), and (k),
46-3–8A–19.6, 3–8A–20.1, and 3–8A–27(b)(10)
47- Annotated Code of Maryland
48- (2020 Replacement Volume and 2023 Supplement)
49- Ch. 735 2024 LAWS OF MARYLAND
50-
51-– 2 –
52-BY repealing and reenacting, without amendments,
53- Article – Courts and Judicial Proceedings
54-Section 3–8A–19.7 and 3–8A–27(b)(1)
55- Annotated Code of Maryland
56- (2020 Replacement Volume and 2023 Supplement)
57-
58-BY repealing and reenacting, with amendments,
59- Article – Criminal Procedure
60-Section 2–108 11–722
61- Annotated Code of Maryland
62- (2018 Replacement Volume and 2023 Supplement)
63-
64-BY adding to
65- Article – Human Services
66- Section 8–103 and 8–104
67- Annotated Code of Maryland
68- (2019 Replacement Volume and 2023 Supplement)
69-
70-BY repealing and reenacting, with amendments,
71- Article – Human Services
72-Section 9–101 and 9–204(f)
73- Annotated Code of Maryland
74- (2019 Replacement Volume and 2023 Supplement)
75-
76-BY repealing
77- Article – Human Services
78-Section 9–211 through 9–215 and 9–230
79- Annotated Code of Maryland
80- (2019 Replacement Volume and 2023 Supplement)
81-
82-BY adding to
83- Article – Public Safety
84- Section 3–531
85- Annotated Code of Maryland
86- (2022 Replacement Volume and 2023 Supplement)
87-
88-BY repealing and reenacting, without amendments,
89- Article – Courts and Judicial Proceedings
90- Section 3–8A–01(a) and (h), 3–8A–15(e)(3)(ii), 3–8A–19.7, and 3–8A–27(b)(1)
91- Annotated Code of Maryland
92- (2020 Replacement Volume and 2023 Supplement)
93-
94-BY repealing and reenacting, with amendments,
95- Article – Courts and Judicial Proceedings
96-Section 3–8A–03, 3–8A–10(c), (f), and (g), 3–8A–14, 3–8A–15(b)(3) and (k),
97-3–8A–19(d), 3–8A–19.6, 3–8A–20.1, 3–8A–25, and 3–8A–27(b)(10) WES MOORE, Governor Ch. 735
98-
99-– 3 –
100- Annotated Code of Maryland
101- (2020 Replacement Volume and 2023 Supplement)
102-
103-BY repealing and reenacting, with amendments,
104- Article – Criminal Procedure
105- Section 2–108, 11–722, and 11–914(9)
106- Annotated Code of Maryland
107- (2018 Replacement Volume and 2023 Supplement)
108-
109-BY adding to
110- Article – Human Services
111- Section 8–103 and 8–104
112- Annotated Code of Maryland
113- (2019 Replacement Volume and 2023 Supplement)
114-
115-BY repealing and reenacting, without amendments,
116- Article – Human Services
117- Section 8–601
118- Annotated Code of Maryland
119- (2019 Replacement Volume and 2023 Supplement)
120-
121-BY repealing and reenacting, with amendments,
122- Article – Human Services
123- Section 8–605, 9–101, and 9–204(f)
124- Annotated Code of Maryland
125- (2019 Replacement Volume and 2023 Supplement)
126-
127-BY repealing
128- Article – Human Services
129- Section 9–211 through 9–215 and 9–230
130- Annotated Code of Maryland
131- (2019 Replacement Volume and 2023 Supplement)
132-
133-BY adding to
134- Article – Public Safety
135- Section 3–531
136- Annotated Code of Maryland
137- (2022 Replacement Volume and 2023 Supplement)
138-
139-BY repealing and reenacting, without amendments,
140- Article – State Government
141- Section 6–401(a) and (i) and 9–3501
142- Annotated Code of Maryland
143- (2021 Replacement Volume and 2023 Supplement)
144-
145-BY repealing and reenacting, with amendments, Ch. 735 2024 LAWS OF MARYLAND
146-
147-– 4 –
148- Article – State Government
149- Section 6–406 and 9–3502
150- Annotated Code of Maryland
151- (2021 Replacement Volume and 2023 Supplement)
152-
153-BY repealing and reenacting, without amendments,
154- Article – State Government
155-Section 6–401(a) and (i) and 9–3501
156- Annotated Code of Maryland
157- (2021 Replacement Volume and 2023 Supplement)
158-
159-BY repealing and reenacting, with amendments,
160- Article – State Government
161-Section 6–406 and 9–3502
162- Annotated Code of Maryland
163- (2021 Replacement Volume and 2023 Supplement)
164-
165-BY repealing and reenacting, with amendments,
166- Chapter 42 of the Acts of the General Assembly of 2022
167-Section 2
168-
169- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
170-That the Laws of Maryland read as follows:
171-
172-Article – State Government
173-
174-6–401.
175-
176- (a) In this subtitle the following words have the meanings indicated.
177-
178- (i) “Unit” means the Juvenile Justice Monitoring Unit of the Office of the
179-Attorney General.
180-
181-6–406.
182-
183- (a) The Unit shall report in a timely manner to the Deputy Director, the
184-Secretary, THE COMMISSION ON JUVENILE JUSTICE REFORM AND EMERGING AND
185-BEST PRACTICES, and, in accordance with § 2–1257 of this article, the Speaker of the
186-House of Delegates and the President of the Senate:
187-
188- (1) knowledge of any problem regarding the care, supervis ion, and
189-treatment of children in facilities;
190-
191- (2) findings, actions, and recommendations, related to the investigations of
192-disciplinary actions, grievances, incident reports, and alleged cases of child abuse and
193-neglect; and WES MOORE, Governor Ch. 735
194-
195-– 5 –
196-
197- (3) all other findings and actions related to the monitoring required under
198-this subtitle.
199-
200- (b) (1) The Unit shall report [quarterly] EVERY 6 MONTHS to the Executive
201-Director and the Secretary.
202-
203- (2) A copy of the report shall be provided to the [State Advisory Board for
204-Juvenile Services] COMMISSION ON JUVENILE JUSTICE REFORM AND EMERGING
205-AND BEST PRACTICES and, in accordance with § 2–1257 of this article, the General
206-Assembly.
207-
208- (3) The report shall include:
209-
210- (i) all activities of the Unit;
211-
212- (ii) actions taken by the Department resulting from the findings and
213-recommendations of the Unit, including the Department’s response; [and]
214-
215- (iii) a summary of any violations of the standards and regulations of
216-the Department that remained unabated for 30 days or more during the reporting period;
217-AND
218-
219- (IV) 1. A SUMMARY OF SERVICE S THAT ARE PROVIDED TO
220-CHILDREN UNDER THE S UPERVISION OF THE DEPARTMENT ;
221-
222- 2. A LIST OF ANY NECESS ARY SERVICES THAT AR E NOT
223-BEING PROVIDED TO CH ILDREN UNDER THE SUP ERVISION OF THE DEPARTMENT ;
224-AND
225-
226- 3. A LIST OF ANY NECESS ARY PROTECTIONS AND
227-SERVICES SPECIFICALL Y FOR CHILDREN WHO A RE AT LEAST 10 YEARS OLD BUT
228-UNDER THE AGE OF 13 YEARS.
229-
230- (c) Beginning in 2006, on or before November 30 of each year, the Unit shall
231-report to the Executive Director, the Secretary, [the advisory boards established under §
232-9–230 of the Human Services Article] THE COMMISSION ON JUVENILE JUSTICE
233-REFORM AND EMERGING AND BEST PRACTICES, the Governor, and, in accordance with
234-§ 2–1257 of this article, the General Assembly, on all the activities of the Office and the
235-actions taken by the Department in response to findings and recommendations of the Unit.
236-
237-9–3501.
238-
239- In this subtitle, “Commission” means the Commission on Juvenile Justice Reform
240-and Emerging and Best Practices. Ch. 735 2024 LAWS OF MARYLAND
241-
242-– 6 –
243-
244-9–3502.
245-
246- (a) There is a Commission on Juvenile Justice Reform and Emerging and Best
247-Practices.
248-
249- (b) (1) The Commission consists of the following members:
250-
251- [(1)] (I) two members of the Senate of Maryland, appointed by the
252-President of the Senate;
253-
254- [(2)] (II) two members of the House of Delegates, appointed by the
255-Speaker of the House;
256-
257- [(3)] (III) the Secretary of Juvenile Services;
258-
259- [(4)] (IV) the Secretary of Human Services; and
260-
261- [(5)] (V) the following members, appointed by the Governor:
262-
263- [(i)] 1. one representative of an institute for public policy that
264-specializes in juvenile justice issues in the State;
265-
266- [(ii)] 2. one representative of an institute operated by the
267-University of Maryland specializing in providing evidence–based and culturally competent
268-services for juveniles; [and]
269-
270- [(iii)] 3. [three representatives] ONE REPRESENTATIVE with
271-relevant education and experience;
272-
273- 4. ONE LOCAL SCHOOL SUP ERINTENDENT ;
274-
275- 5. ONE SCHOOL PRINCIPAL ;
276-
277- 6. ONE REPRESENTATIVE O F AN ORGANIZATION TH AT
278-PROVIDES SERVICES TO CHILDREN INVOLVED IN THE JUVENILE JUSTICE SYSTEM;
279-
280- 7. ONE REPRESENTATIVE O F THE MARYLAND
281-DEPARTMENT OF HEALTH;
282-
283- 8. ONE REPRESENTATIVE O F A PRIVATE CHILD
284-WELFARE AGENCY ;
285- WES MOORE, Governor Ch. 735
286-
287-– 7 –
288- 9. ONE REPRESENTATIVE O F A YOUTH SERVICES
289-BUREAU;
290-
291- 10. ONE REPRESENTATIVE O F THE STATE JUDICIARY ;
292-
293- 11. ONE REPRESENTATIVE O F THE MARYLAND STATE’S
294-ATTORNEYS’ ASSOCIATION;
295-
296- 12. ONE REPRESENTATIVE O F THE MARYLAND OFFICE
297-OF THE PUBLIC DEFENDER;
298-
299- 13. ONE REPRESENTATIVE O F THE MARYLAND CHIEFS
300-OF POLICE ASSOCIATION;
301-
302- 14. ONE REPRESENTATIVE O F THE MARYLAND
303-SHERIFFS’ ASSOCIATION; AND
304-
305- 15. SEVEN MEMBERS OF THE GENERAL PUBLI C.
306-
307- (2) OF THE SEVEN MEMBERS FROM THE GENERAL PUB LIC:
308-
309- (I) ONE SHALL BE CHOSEN ON THE BASIS OF THE MEMBER’S
310-INTEREST IN AND EXPE RIENCE WITH MINORS A ND JUVENILE PROBLEMS ;
311-
312- (II) TWO SHALL:
313-
314- 1. AT THE TIME OF APPOI NTMENT TO A FIRST TERM, BE
315-AT LEAST 16 YEARS OLD AND UNDER THE AGE OF 30 YEARS; AND
316-
317- 2. INCLUDE AT LEAST ONE INDIVIDUAL WHO HAS B EEN
318-UNDER THE JURISDICTI ON OF THE DEPARTMENT OF JUVENILE SERVICES;
319-
320- (III) ONE SHALL BE AN INDI VIDUAL WHO IS A PARE NT OR
321-GUARDIAN OF A YOUTH WHO HAS BEEN UNDER THE JURISDICTI ON OF THE
322-DEPARTMENT OF JUVENILE SERVICES;
323-
324- (IV) ONE SHALL BE A VICTI M ADVOCATE; AND
325-
326- (V) TWO SHALL BE EMPLOYE ES OF THE DEPARTMENT OF
327-JUVENILE SERVICES WITH DIFFERE NT JOB TITLES , RECOMMENDED BY THE
328-PRESIDENT OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL
329-EMPLOYEES, COUNCIL 3.
330-
331- (C) (1) THE TERM OF AN APPOIN TED MEMBER IS 3 YEARS. Ch. 735 2024 LAWS OF MARYLAND
332-
333-– 8 –
334-
335- (2) THE TERMS OF THE APPO INTED MEMBERS ARE ST AGGERED AS
336-REQUIRED BY THE TERM S PROVIDED FOR MEMBE RS OF THE COMMISSION ON JULY
337-1, 2024.
338-
339- (3) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL
340-A SUCCESSOR IS APPOI NTED AND QUALIFIES .
341-
342- (4) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES
343-ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND
344-QUALIFIES.
345-
346- (5) AN APPOINTED MEMBER W HO SERVES TWO CONSEC UTIVE FULL
347-3–YEAR TERMS MAY NOT B E REAPPOINTED FOR 3 YEARS AFTER COMPLETI ON OF
348-THOSE TERMS .
349-
350- [(c)] (D) (1) [The Governor shall designate the chair of the Commission.]
351-FROM AMONG THE MEMBER S OF THE COMMISSION, THE GOVERNOR, THE
352-PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE HOUSE SHALL APPOINT A
353-CHAIR.
354-
355- (2) (I) FROM AMONG THE MEMBER S OF THE COMMISSION, THE
356-CHAIR SHALL APPOINT A SECRETARY.
357-
358- (II) THE SECRETARY SHALL K EEP FULL AND ACCURAT E
359-MINUTES OF EACH COMMISSION MEETING .
360-
361- [(d)] (E) The [Department of Juvenile Services and the Department of Human
362-Services] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM
363-SERVICES shall provide staff for the Commission.
364-
365- [(e)] (F) (1) THE COMMISSION SHALL MEET REGULARLY AT LE AST SIX
366-TIMES A YEAR ON THE CALL OF ITS CHAIR.
367-
368- (2) A member of the Commission:
369-
370- [(1)] (I) may not receive compensation as a member of the Commission;
371-but
372-
373- [(2)] (II) is entitled to reimbursement for expenses under the Standard
374-State Travel Regulations, as provided in the State budget.
375-
376- [(f)] (G) The Commission shall:
377- WES MOORE, Governor Ch. 735
378-
379-– 9 –
380- (1) REVIEW AND REPORT ON :
381-
382- (I) ALL JUVENILE SERVICE S, FACILITIES, AND PROGRAMS IN
383-THE STATE;
384-
385- (II) THE EDUCATIONAL PROG RAMS AND SERVICES OF THE
386-DEPARTMENT OF JUVENILE SERVICES;
387-
388- (III) PROGRAMS DESIGNED TO DIVERT CHILDREN FROM THE
389-JUVENILE JUSTICE SYS TEM;
390-
391- (IV) THE TREATMENT AND PR OGRAMMING NEEDS OF F EMALES
392-IN THE JUVENILE JUST ICE SYSTEM;
393-
394- (V) 1. THE USE OF CHILD IN NEED OF SUPERVISION
395-PETITIONS; AND
396-
397- 2. THE NUMBER OF CHILD IN NEED OF SUPERVISI ON
398-PETITIONS AUTHORIZED OR DENIED BY JURISDI CTION; AND
399-
400- (VI) THE WAIT TIMES FOR P LACEMENT OF CHILDREN IN
401-FACILITIES;
402-
403- [(1)] (2) research culturally competent, evidence–based, research–based,
404-and promising PROGRAMS AND practices relating to:
405-
406- (i) child welfare;
407-
408- (ii) juvenile rehabilitation;
409-
410- (iii) mental health services for children; and
411-
412- (iv) prevention and intervention services for juveniles;
413-
414- [(2)] (3) evaluate the cost–effectiveness of EXISTING AND PROMISI NG
415-PROGRAMS AND practices researched by the Commission;
416-
417- [(3)] (4) identify means of evaluating the effectiveness of PROGRAMS
418-AND practices researched by the Commission; [and]
419-
420- [(4)] (5) giving special attention to organizations located in or serving
421-historically underserved communities, identify strategies to enable community–based
422-organizations that provide services for juveniles to evaluate and validate services and
423-programming provided by those organizations;
424- Ch. 735 2024 LAWS OF MARYLAND
425-
426-– 10 –
427- (6) REVIEW DATA RELATING TO ARRESTS , COMPLETION OF
428-PROGRAMMING , AND RECIDIVISM FROM THE MARYLAND LONGITUDINAL DATA
429-SYSTEM CENTER;
430-
431- (7) IDENTIFY OPPORTUNITI ES FOR GREATER COORD INATION
432-BETWEEN THE DEPARTMENT OF JUVENILE SERVICES, THE OFFICE OF THE STATE’S
433-ATTORNEY, LAW ENFORCEMENT , AND LOCAL ORGANIZATI ONS THAT PROVIDE
434-SERVICES TO JUVENILE S;
435-
436- (8) RECOMMEND POLICIES A ND PROGRAMS TO IMPRO VE JUVENILE
437-SERVICES IN THE STATE;
438-
439- (9) PARTICIPATE IN INTER PRETING FOR THE PUBL IC THE
440-OBJECTIVES OF THE JU VENILE SERVICES IN T HE STATE;
441-
442- (10) PARTICIPATE IN PLANN ING THE DEVELOPMENT AND USE OF
443-AVAILABLE RESOURCES TO MEET THE NEEDS OF JUVENILES;
444-
445- (11) COORDINATE WITH THE MARYLAND DEPARTMENT OF LABOR TO
446-IDENTIFY POTENTIAL J OB AND APPRENTICESHI P OPPORTUNITIES FOR JUVENILES
447-UNDER THE SUPERVISIO N OF THE DEPARTMENT OF JUVENILE SERVICES; AND
448-
449- (12) EXAMINE AND REVIEW F ATALITIES INVOLVING CHILDREN UNDER
450-THE SUPERVISION OF THE DEPARTMENT OF JUVENILE SERVICES FOR THE
451-PURPOSE OF PROVIDING RECOMMENDATIONS ON P OLICIES AND PROGRAMS TO
452-PREVENT FATALITIES , INCLUDING:
453-
454- (I) A DEATH CAUSED BY A CHILD UNDER THE SUPE RVISION OF
455-THE DEPARTMENT OF JUVENILE SERVICES, IF THE CHILD IS CONVICTED OR
456-ADJUDICATED FOR THE DEATH; AND
457-
458- (II) THE DEATH OF A CHILD UNDER THE SUPERVISIO N OF THE
459-DEPARTMENT OF JUVENILE SERVICES.
460-
461- [(g)] (H) On or before [December 31, 2023] OCTOBER 1, 2025, and on or before
462-[December 31] OCTOBER 1 each year thereafter, the Commission shall report its findings
463-to the Governor and, in accordance with § 2–1257 of this article, the General Assembly.
464-
465- SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
466-as follows:
467-
468-Article – Courts and Judicial Proceedings
469-
470-3–8A–03. WES MOORE, Governor Ch. 735
471-
472-– 11 –
473-
474- (a) In addition to the jurisdiction specified in Subtitle 8 of this title, the court has
475-exclusive original jurisdiction over:
476-
477- (1) A child:
478-
479- (i) Who is at least 13 years old alleged to be delinquent; or
480-
481- (ii) Except as provided in subsection (d) of this section, who is at least
482-10 years old alleged to have committed an act:
483-
484- 1. That, if committed by an adult, would constitute [a]:
485-
486- A. A crime of violence, as defined in § 14–101 of the Criminal
487-Law Article; [or]
488-
489- B. A CRIME INVOLVING WEAP ONS UNDER TITLE 4 §
490-4–203 OR § 4–204 OF THE CRIMINAL LAW ARTICLE;
491-
492- C. A CRIME INVOLVING FIRE ARMS UNDER TITLE 5 §
493-5–133, § 5–134, § 5–136, § 5–138, § 5–139, § 5–141 § 5–138, § 5–142, § 5–203, OR §
494-5–703 OF THE PUBLIC SAFETY ARTICLE;
495-
496- D. A CRIME INVOLVING ANIM ALS UNDER TITLE 10,
497-SUBTITLE 6 § 10–606 OF THE CRIMINAL LAW ARTICLE;
498-
499- E. SEXUAL OFFENSE IN THE THIRD DEGREE UNDER §
500-3–307 OF THE CRIMINAL LAW ARTICLE; OR
501-
502- F. THEFT OF A MOTOR VEHI CLE UNDER § 7–105 OF THE
503-CRIMINAL LAW ARTICLE, IF THE CHILD HAS PRE VIOUSLY BEEN REFERRE D TO AN
504-AT–RISK YOUTH PREVENTIO N AND DIVERSION PROG RAM, AS DEFINED IN § 8–601 OF
505-THE HUMAN SERVICES ARTICLE, FOR A VIOLATION OF § 4–203, § 4–204, OR § 7–105
506-OF THE CRIMINAL LAW ARTICLE OR § 5–133, § 5–134, § 5–138, § 5–142, § 5–203, OR
507-§ 5–703 OF THE PUBLIC SAFETY ARTICLE; OR
508-
509- 2. Arising out of the same incident as an act listed in item 1
510-of this item;
511-
512- (2) A child who is in need of supervision;
513-
514- (3) A child who has received a citation for a violation;
515-
516- (4) Except as provided in subsection (d)(6) of this section, a peace order
517-proceeding in which the respondent is a child; and Ch. 735 2024 LAWS OF MARYLAND
518-
519-– 12 –
520-
521- (5) Proceedings arising under the Interstate Compact on Juveniles.
522-
523- (b) The court has concurrent jurisdiction over proceedings against an adult for
524-the violation of § 3–8A–30 of this subtitle. However, the court may waive its jurisdiction
525-under this subsection upon its own motion or upon the motion of any party to the
526-proceeding, if charges against the adult arising from the same incident are pending in the
527-criminal court. Upon motion by either the State’s Attorney or the adult charged under §
528-3–8A–30 of this subtitle, the court shall waive its jurisdiction, and the adult shall be tried
529-in the criminal court according to the usual criminal procedure.
530-
531- (c) (1) The jurisdiction of the court is concurrent with that of the District Court
532-in any criminal case arising under the compulsory public school attendance laws of this
533-State.
534-
535- (2) The jurisdiction of the court is concurrent with that of a federal court
536-sitting in the State over proceedings involving a violation of federal law committed by a
537-child on a military installation of the U.S. Department of Defense if:
538-
539- (i) The federal court waives exclusive jurisdiction; and
540-
541- (ii) The violation of federal law is also a crime under State law.
542-
543- (d) The court does not have jurisdiction over:
544-
545- (1) A child at least 14 years old alleged to have done an act that, if
546-committed by an adult, would be a crime punishable by life imprisonment, as well as all
547-other charges against the child arising out of the same incident, unless an order removing
548-the proceeding to the court has been filed under § 4–202 of the Criminal Procedure Article;
549-
550- (2) A child at least 16 years old alleged to have done an act in violation of
551-any provision of the Transportation Article or other traffic law or ordinance, except an act
552-that prescribes a penalty of incarceration;
553-
554- (3) A child at least 16 years old alleged to have done an act in violation of
555-any provision of law, rule, or regulation governing the use or operation of a boat, except an
556-act that prescribes a penalty of incarceration;
557-
558- (4) A child at least 16 years old alleged to have committed any of the
559-following crimes, as well as all other charges against the child arising out of the same
560-incident, unless an order removing the proceeding to the court has been filed under §
561-4–202 of the Criminal Procedure Article:
562-
563- (i) Abduction;
564-
565- (ii) Kidnapping; WES MOORE, Governor Ch. 735
566-
567-– 13 –
568-
569- (iii) Second degree murder;
570-
571- (iv) Manslaughter, except involuntary manslaughter;
572-
573- (v) Second degree rape;
574-
575- (vi) Robbery under § 3–403 of the Criminal Law Article;
576-
577- (vii) Third degree sexual offense under § 3–307(a)(1) of the Criminal
578-Law Article;
579-
580- (viii) A crime in violation of § 5–133, § 5–134, § 5–138, or § 5–203 of
581-the Public Safety Article;
582-
583- (ix) Using, wearing, carrying, or transporting a firearm during and
584-in relation to a drug trafficking crime under § 5–621 of the Criminal Law Article;
585-
586- (x) Use of a firearm under § 5–622 of the Criminal Law Article;
587-
588- (xi) Carjacking or armed carjacking under § 3–405 of the Criminal
589-Law Article;
590-
591- (xii) Assault in the first degree under § 3–202 of the Criminal Law
592-Article;
593-
594- (xiii) Attempted murder in the second degree under § 2–206 of the
595-Criminal Law Article;
596-
597- (xiv) Attempted rape in the second degree under § 3–310 of the
598-Criminal Law Article;
599-
600- (xv) Attempted robbery under § 3–403 of the Criminal Law Article; or
601-
602- (xvi) A violation of § 4–203, § 4–204, § 4–404, or § 4–405 of the
603-Criminal Law Article;
604-
605- (5) A child who previously has been convicted as an adult of a felony and is
606-subsequently alleged to have committed an act that would be a felony if committed by an
607-adult, unless an order removing the proceeding to the court has been filed under § 4–202 of
608-the Criminal Procedure Article;
609-
610- (6) A peace order proceeding in which the victim, as defined in §
611-3–8A–01(cc)(1)(ii) of this subtitle, is a person eligible for relief, as defined in § 4–501 of the
612-Family Law Article; or
613- Ch. 735 2024 LAWS OF MARYLAND
614-
615-– 14 –
616- (7) Except as provided in subsection (a)(1)(ii) of this section, a delinquency
617-proceeding against a child who is under the age of 13 years.
618-
619- (e) If the child is charged with two or more violations of the Maryland Vehicle
620-Law, another traffic law or ordinance, or the State Boat Act, allegedly arising out of the
621-same incident and which would result in the child being brought before both the court and
622-a court exercising criminal jurisdiction, the court has exclusive jurisdiction over all of the
623-charges.
624-
625- (f) A child under the age of 13 years may not be charged with a crime.
626-
627-3–8A–10.
628-
629- (c) (1) Except as otherwise provided in this subsection, in considering the
630-complaint, the intake officer shall make an inquiry within [25 days] 15 BUSINESS DAYS
631-as to whether the court has jurisdiction and whether judicial action is in the best interests
632-of the public or the child.
633-
634- (2) An inquiry need not include an interview of the child who is the subject
635-of the complaint if the complaint alleges the commission of an act that would be a felony if
636-committed by an adult or alleges a violation of § 4–203 or § 4–204 of the Criminal Law
637-Article OR A VIOLATION OF § 5–133, § 5–134, § 5–136, § 5–138, § 5–139, § 5–141 §
638-5–138, § 5–142, § 5–203, OR § 5–703 OF THE PUBLIC SAFETY ARTICLE.
639-
640- (3) In accordance with this section, the intake officer [may,] SHALL,
641-IMMEDIATELY after such inquiry [and within 25 days of receiving the complaint]:
642-
643- (i) Authorize the filing of a petition or a peace order request or both;
644-
645- (ii) Propose an informal adjustment of the matter; or
646-
647- (iii) Refuse authorization to file a petition or a peace order request or
648-both.
649-
650- (4) (i) [1. Except as provided in subsubparagraph 2 of this
651-subparagraph, if] IF a complaint is filed that alleges the commission of an act which would
652-be a felony if committed by an adult or alleges a violation of § 4–203 or § 4–204 of the
653-Criminal Law Article OR A VIOLATION OF § 5–133, § 5–134, § 5–136, § 5–138, § 5–139,
654-§ 5–141 § 5–138, § 5–142, § 5–203, OR § 5–703 OF THE PUBLIC SAFETY ARTICLE, and
655-if the intake officer denies authorization to file a petition or proposes an informal
656-adjustment, the intake officer shall immediately:
657-
658- [A.] 1. Forward the complaint to the State’s Attorney; and
659- WES MOORE, Governor Ch. 735
660-
661-– 15 –
662- [B.] 2. Forward a copy of the entire intake case file to the
663-State’s Attorney with information as to any and all prior intake involvement with the child.
664-
665- [2. For a complaint that alleges the commission of an act that
666-would be a felony if committed by an adult, the intake officer is not required to forward the
667-complaint and copy of the intake case file to the State’s Attorney if:
668-
669- A. The intake officer proposes the matter for informal
670-adjustment;
671-
672- B. The act did not involve the intentional causing of, or
673-attempt to cause, the death of or physical injury to another; and
674-
675- C. The act would not be a crime of violence, as defined under
676-§ 14–101 of the Criminal Law Article, if committed by an adult.]
677-
678- (II) IF A COMPLAINT IS FILED THAT ALLEGES T HE COMMISSION
679-OF A DELINQUENT ACT BY A CHILD WHO WAS U NDER THE SUPERVISION OF THE
680-DEPARTMENT OF JUVENILE SERVICES AT THE TIME OF THE ALLEGED DELIN QUENT
681-ACT, AND IF THE INTAKE OF FICER DENIES AUTHORI ZATION TO FILE A PET ITION OR
682-PROPOSES INFORMAL ADJUSTMENT , THE INTAKE OFFICER S HALL IMMEDIATELY :
683-
684- 1. FORWARD THE COMPLAINT TO THE STATE’S
685-ATTORNEY; AND
686-
687- 2. FORWARD A COPY OF THE ENTIRE INTAKE CASE F ILE
688-TO THE STATE’S ATTORNEY WITH INFORMA TION AS TO ANY AND A LL PRIOR INTAKE
689-INVOLVEMENT W ITH THE CHILD.
690-
691- [(ii)] (III) The State’s Attorney shall make a preliminary review as
692-to whether the court has jurisdiction and whether judicial action is in the best interests of
693-the public or the child. The need for restitution may be considered as one factor in the public
694-interest. After the preliminary review the State’s Attorney shall, within 30 days of the
695-receipt of the complaint by the State’s Attorney, unless the court extends the time:
696-
697- 1. File a petition or a peace order request or both;
698-
699- 2. Refer the complaint to the Department of Juvenile
700-Services for informal disposition; or
701-
702- 3. Dismiss the complaint.
703-
704- [(iii)] (IV) This subsection may not be construed or interpreted to
705-limit the authority of the State’s Attorney to seek a waiver under § 3–8A–06 of this subtitle.
706- Ch. 735 2024 LAWS OF MARYLAND
707-
708-– 16 –
709- (5) IF A COMPLAINT IS FIL ED THAT ALLEGES THE COMMISSION OF AN
710-ACT BY A CHILD UNDER THE AGE OF 13 YEARS THAT RESULTS I N THE DEATH OF A
711-VICTIM, THE INTAKE OFFICER S HALL AUTHORIZE THE F ILING OF A PETITION
712-ALLEGING THAT T HE CHILD IS EITHER D ELINQUENT OR IN NEED OF SUPERVISION .
713-
714- (g) (1) If based upon the complaint and the inquiry, the intake officer
715-concludes that the court has no jurisdiction, or that neither an informal adjustment nor
716-judicial action is appropriate, the intake officer may deny authorization to file a petition or
717-a peace order request or both.
718-
719- (2) If the intake officer denies authorization to file a petition or a peace
720-order request or both, the intake officer shall inform the following persons of the decision,
721-the reasons for it, and their right of review provided in this section:
722-
723- (i) The victim;
724-
725- (ii) The arresting police officer; and
726-
727- (iii) The person or agency that filed the complaint or caused it to be
728-filed.
729-
730- (3) The intake officer shall inform the persons specified in paragraph (2) of
731-this subsection BY ELECTRONIC MEANS of the decision to deny authorization to file a
732-petition for the alleged commission of a delinquent act through use of the form prescribed
733-by § 3–8A–11 of this subtitle.
734-
735-3–8A–14.
736-
737- (a) A child may be taken into custody under this subtitle by any of the following
738-methods:
739-
740- (1) Pursuant to an order of the court;
741-
742- (2) By a law enforcement officer pursuant to the law of arrest;
743-
744- (3) By a law enforcement officer or other person authorized by the court if
745-the officer or other person has reasonable grounds to believe that the child is in immediate
746-danger from the child’s surroundings and that the child’s removal is necessary for the
747-child’s protection;
748-
749- (4) By a law enforcement officer or other person authorized by the court if
750-the officer or other person has reasonable grounds to believe that the child has run away
751-from the child’s parents, guardian, or legal custodian; or
752-
753- (5) In accordance with § 3–8A–14.1 of this subtitle.
754- WES MOORE, Governor Ch. 735
755-
756-– 17 –
757- (b) (1) (i) If a law enforcement officer takes a child into custody, the officer
758-shall immediately notify, or cause to be notified, the child’s parents, guardian, or custodian
759-in a manner reasonably calculated to give actual notice of the action.
760-
761- (ii) The notice required under subparagraph (i) of this paragraph
762-shall:
763-
764- 1. Include the child’s location;
765-
766- 2. Provide the reason for the child being taken into custody;
767-and
768-
769- 3. Instruct the parent, guardian, or custodian on how to
770-make immediate in–person contact with the child.
771-
772- (2) After making every reasonable effort to give actual notice to a child’s
773-parent, guardian, or custodian, the law enforcement officer shall with all reasonable speed:
774-
775- (i) Release the child to the child’s parents, guardian, or custodian or
776-to any other person designated by the court, upon their written promise to bring the child
777-before the court when requested by the court, and such security for the child’s appearance
778-as the court may reasonably require, unless the child’s placement in detention or shelter
779-care is permitted and appears required by § 3–8A–15 of this subtitle; or
780-
781- (ii) Deliver the child to the court or a place of detention or shelter
782-care designated by the court.
783-
784- (c) If a parent, guardian, or custodian fails to bring the child before the court
785-when requested, the court may:
786-
787- (1) Issue a writ of attachment directing that the child be taken into custody
788-and brought before the court; and
789-
790- (2) Proceed against the parent, guardian, or custodian for contempt.
791-
792- (D) IF A CHILD IS TAKEN I NTO CUSTODY UNDER TH IS SUBTITLE BY A LAW
793-ENFORCEMENT OFFICER PURSUANT TO THE LAW OF ARREST , THE LAW
794-ENFORCEMENT OFFICER SHALL COMPLETE :
795-
796- (1) COMPLETE AND FORWARD A WRITTE N COMPLAINT OR CITAT ION
797-TO THE DEPARTMENT OF JUVENILE SERVICES FOR PROCESSI NG UNDER § 3–8A–10
798-OF THIS SUBTITLE;
799-
800- (2) IF THE CHILD WAS REFE RRED TO AN AT –RISK YOUTH
801-PREVENTION AND DIVER SION PROGRAM , AS DEFINED IN § 8–601 OF THE HUMAN
802-SERVICES ARTICLE, COMPLETE AND FORWARD A WRITTEN REP ORT TO THE Ch. 735 2024 LAWS OF MARYLAND
803-
804-– 18 –
805-DEPARTMENT OF JUVENILE SERVICES INDICATING T HAT THE CHILD WAS
806-DIVERTED TO:
807-
808- (I) A LAW ENFORCEMENT DIVE RSION PROGRAM , INCLUDING A
809-DIVERSION PROGRAM OP ERATED BY A LOCAL STATE’S ATTORNEY;
810-
811- (II) A DIVERSION PROGRAM OP ERATED BY ANOTHER AG ENCY
812-OR ORGANIZATION ;
813-
814- (III) A LOCAL CARE TEAM ; OR
815-
816- (IV) ANOTHER COMMUNITY –BASED SERVICE PROVID ER; OR
817-
818- (3) COMPLETE AND FORWARD A WRITTEN REPORT TO THE
819-DEPARTMENT OF JUVENILE SERVICES INDICATING T HAT NO FURTHER ACTIO N WAS
820-TAKEN.
821-
822- [(d)] (E) (1) (i) In this subsection the following words have the meanings
823-indicated.
824-
825- (ii) “Qualifying offense” has the meaning stated in § 8–302 of the
826-Criminal Procedure Article.
827-
828- (iii) “Sex trafficking” has the meaning stated in § 5–701 of the Family
829-Law Article.
830-
831- (iv) “Victim of human trafficking” has the meaning stated in § 8–302
832-of the Criminal Procedure Article.
833-
834- (2) In addition to the requirements for reporting child abuse and neglect
835-under § 5–704 of the Family Law Article, if a law enforcement officer has reason to believe
836-that a child who has been detained is a victim of sex trafficking or a victim of human
837-trafficking, the law enforcement officer shall, as soon as practicable:
838-
839- (i) Notify an appropriate regional navigator, as defined in § 5–704.4
840-of the Family Law Article, for the jurisdiction where the child was taken into custody or
841-where the child is a resident that the child is a suspected victim of sex trafficking or a
842-suspected victim of human trafficking so the regional navigator can coordinate a service
843-response;
844-
845- (ii) Report to the local child welfare agency that the child is a
846-suspected victim of sex trafficking or a suspected victim of human trafficking; and
847-
848- (iii) Release the child to the child’s parents, guardian, or custodian if
849-it is safe and appropriate to do so, or to the local child welfare agency if there is reason to WES MOORE, Governor Ch. 735
850-
851-– 19 –
852-believe that the child’s safety will be at risk if the child is returned to the child’s parents,
853-guardian, or custodian.
854-
855- (3) A law enforcement officer who takes a child who is a suspected victim
856-of sex trafficking or a suspected victim of human trafficking into custody under subsection
857-(a)(3) of this section may not detain the child in a juvenile detention facility, as defined
858-under § 9–237 of the Human Services Article, if the reason for detaining the child is a
859-suspected commission of a qualifying offense or § 3–1102 of the Criminal Law Article.
860-
861- [(e)] (F) The Supreme Court of Maryland may adopt rules concerning
862-age–appropriate language to be used to advise a child who is taken into custody of the
863-child’s rights.
864-
865-3–8A–15.
866-
867- (b) (3) A child alleged to have committed a delinquent act may not be placed
868-in detention before a hearing if the most serious offense would be a misdemeanor if
869-committed by an adult, unless:
870-
871- (i) The act involved a handgun and would be a violation under the
872-Criminal Law Article or WOULD BE A VIOLATION OF § 4–203 OR § 4–204 OF THE
873-CRIMINAL LAW ARTICLE OR A VIOLATIO N OF § 5–133, § 5–134, § 5–136, § 5–138, §
874-5–139, § 5–141 § 5–138, § 5–142, § 5–203, OR § 5–703 OF the Public Safety Article if
875-committed by an adult; [or]
876-
877- (ii) The child has been adjudicated delinquent at least twice [in the
878-preceding 12 months] IN THE PRECEDING 2 YEARS; OR
879-
880- (III) 1. THE CHILD WAS UNDER T HE SUPERVISION OF THE
881-DEPARTMENT OF JUVENILE SERVICES WHEN THE ALL EGED ACT OCCURRED ; AND
882-
883- 2. THE ALLEGED ACT , IF COMMITTED BY AN A DULT,
884-WOULD BE SUBJECT TO A PENALTY OF IMPRISO NMENT OF MORE THAN 90 DAYS 2
885-YEARS.
886-
887- (e) (1) Detention or community detention may not be continued beyond
888-emergency detention or community detention unless, upon an order of court after a hearing,
889-the court has found that one or more of the circumstances stated in subsection (b) of this
890-section exist.
891-
892- (2) A court order under this paragraph shall:
893-
894- (i) Contain a written determination of whether or not the criteria
895-contained in subsection (c)(1) and (2) of this section have been met; and
896- Ch. 735 2024 LAWS OF MARYLAND
897-
898-– 20 –
899- (ii) Specify which of the circumstances stated in subsection (b) of this
900-section exist.
901-
902- (3) (i) If the court has not specifically prohibited community detention,
903-the Department of Juvenile Services may release the child from detention into community
904-detention and place the child in:
905-
906- 1. Shelter care; or
907-
908- 2. The custody of the child’s parent, guardian, custodian, or
909-other person able to provide supervision and care for the child and to return the child to
910-court when required.
911-
912- (II) IF THE CHILD IS RELEA SED FROM DETENTION , THE INTAKE
913-OFFICER SHALL MAKE A N INQUIRY WITHIN 2 BUSINESS DAYS AS TO WHETHER THE
914-COURT HAS JURISDICTI ON AND WHETHER JUDIC IAL ACTION IS IN THE BEST
915-INTEREST OF THE PUBL IC OR THE CHILD.
916-
917- [(ii)] (III) If a child who has been released by the Department of
918-Juvenile Services or the court into community detention violates the conditions of
919-community detention, and it is necessary to protect the child or others, an intake officer
920-may authorize the detention of the child.
921-
922- [(iii)] (IV) The Department of Juvenile Services shall promptly notify
923-the court of:
924-
925- 1. The release of a child from detention under subparagraph
926-(i) of this paragraph; or
927-
928- 2. The return to detention of a child under subparagraph
929-[(ii)] (III) of this paragraph.
930-
931- [(iv)] (V) 1. If a child is returned to detention under
932-subparagraph [(ii)] (III) of this paragraph, the intake officer who authorized detention
933-shall immediately file a petition to authorize continued detention.
934-
935- 2. A hearing on the petition to authorize continued detention
936-shall be held no later than the next court day, unless extended for no more than 5 days by
937-the court on good cause shown.
938-
939- 3. Reasonable notice, oral or written, stating the time, place,
940-and purpose of the hearing, shall be given to the child and, if they can be located, the child’s
941-parents, guardian, or custodian.
942- WES MOORE, Governor Ch. 735
943-
944-– 21 –
945- (k) (1) [If] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
946-SUBSECTION, IF a child remains in a facility used for detention, the Department of
947-Juvenile Services shall:
948-
949- [(1)] (I) Within 14 days after the child’s initial detention, appear at a
950-hearing before the court with the child to explain the reasons for continued detention; and
951-
952- [(2)] (II) Every 14 days thereafter, appear at another hearing before the
953-court with the child to explain the reasons for continued detention.
954-
955- (2) A HEARING REQUIRED UNDER THIS SUBSECTION MAY BE WA IVED
956-ONE TIME ON THE CONS ENT OF THE COURT , THE STATE’S ATTORNEY, AND COUNSEL
957-FOR THE CHILD.
958-
959-3–8A–19.6.
960-
961- (a) (1) In this section, “technical THE FOLLOWING WORDS HAVE THE
962-MEANINGS INDICATED .
963-
964- (2) “GOOD CAUSE ” INCLUDES A CHILD HAV ING TWO OR MORE
965-UNEXCUSED ABSENCES F ROM A PROGRAM THAT T HE CHILD IS ORDERED TO ATTEND
966-AS A CONDITION OF PR OBATION.
967-
968- (3) “TECHNICAL violation” means a violation of probation that does not
969-involve:
970-
971- (1) (I) An arrest or a summons issued by a commissioner on a statement
972-of charges filed by a law enforcement officer;
973-
974- (2) (II) A violation of a criminal prohibition, or an act that would be a
975-violation of a criminal prohibition if committed by an adult, other than a minor traffic
976-offense;
977-
978- (3) (III) A violation of a no–contact or stay–away order; [or]
979-
980- (4) (IV) Absconding; OR
981-
982- (5) TWO OR MORE UNEXCUSED FAILURES TO APPEAR A T A
983-TREATMENT PROGRAM OR DERED BY THE COURT .
984-
985- (b) This section does not apply to an offense committed by a child that, if
986-committed by an adult, would be a felony and a crime of violence under § 14–101 of the
987-Criminal Law Article.
988- Ch. 735 2024 LAWS OF MARYLAND
989-
990-– 22 –
991- (c) The court may not place a child on probation for a term exceeding that
992-provided in this section.
993-
994- (d) (1) Except as provided in paragraph (2) of this subsection, if the most
995-serious offense committed by a child would be a misdemeanor if committed by an adult, the
996-court may place the child on probation for a period not exceeding [6 months] 1 YEAR.
997-
998- (2) Subject to paragraph (3) of this subsection, the court may, after a
999-hearing, extend the probation by periods not exceeding [3] 4 months if the court finds that:
1000-
1001- (i) There is good cause to extend the probation; and
1002-
1003- (ii) The purpose of extending the probation is to ensure that the child
1004-completes a treatment or rehabilitative program or service.
1005-
1006- (3) The total period of the probation, including extensions of the probation,
1007-may not exceed [1 year] 2 YEARS.
1008-
1009- (e) (1) Except as provided in paragraph (2) of this subsection, if the most
1010-serious offense committed by a child would be a felony if committed by an adult, the court
1011-may place the child on probation for a period not exceeding [1 year] 2 YEARS.
1012-
1013- (2) (i) Subject to paragraph (3) of this subsection, the court may, after
1014-a hearing, extend the probation by periods not exceeding [3] 4 months if the court finds
1015-that:
1016-
1017- 1. There is good cause to extend the probation; and
1018-
1019- 2. The purpose of extending the probation is to ensure that
1020-the child completes a treatment or rehabilitative program or service.
1021-
1022- (ii) Except as provided in paragraph (3) of this subsection, if the
1023-probation is extended under this paragraph, the total period of the probation may not
1024-exceed [2] 3 years.
1025-
1026- (3) (i) Subject to subparagraph (ii) of this paragraph, the court may
1027-extend the period of the probation for a period of time greater than the period described in
1028-paragraph (2)(ii) of this subsection if, after a hearing, the court finds by clear and
1029-convincing evidence that:
1030-
1031- 1. There is good cause to extend the probation; and
1032-
1033- 2. Extending the probation is in the best interest of the child.
1034- WES MOORE, Governor Ch. 735
1035-
1036-– 23 –
1037- (ii) If the probation is extended under this paragraph, the total
1038-period of probation, including extensions under paragraph (2) of this subsection, may not
1039-exceed [3] 4 years.
1040-
1041- (f) Notwithstanding any other provision of this section, if a child is found to have
1042-committed a violation of probation, except for a technical violation, a court may, after a
1043-hearing, place the child on a new term of probation for a period that is consistent with the
1044-period of probation that may be imposed under this section for the delinquent act for which
1045-the child was originally placed on probation.
1046-
1047-3–8A–19.7.
1048-
1049- (a) In this section, “technical violation” has the meaning stated in § 3–8A–19.6 of
1050-this subtitle.
1051-
1052- (b) A child may not be placed in a facility used for detention for a technical
1053-violation.
1054-
1055-3–8A–20.1.
1056-
1057- (a) (1) In this section, “treatment service plan” means a plan recommended at
1058-a disposition hearing under § 3–8A–19 of this subtitle or at a disposition review hearing
1059-under this section by the Department of Juvenile Services to the court proposing specific
1060-assistance, guidance, treatment, or rehabilitation of a child.
1061-
1062- (2) In making a treatment service plan, a juvenile counselor shall meet
1063-with the child who is the subject of the treatment service plan and the child’s parent,
1064-guardian, or legal custodian to discuss the treatment service plan.
1065-
1066- (3) If a child’s parent, guardian, or legal custodian is unable or refuses to
1067-meet with the juvenile counselor, the treatment service plan shall indicate that the parent,
1068-guardian, or legal custodian is unable or refuses to meet, and the reason for the inability
1069-or refusal to meet, if known.
1070-
1071- (4) At a minimum, the treatment service plan shall include:
1072-
1073- (i) The recommended level of supervision for the child;
1074-
1075- (ii) Specific goals for the child and family to meet, along with
1076-timelines for meeting those goals;
1077-
1078- (iii) A statement of any condition that the child’s parent, guardian, or
1079-legal custodian must change in order to alleviate any risks to the child;
1080-
1081- (iv) A statement of the services to be provided to the child and child’s
1082-family; and Ch. 735 2024 LAWS OF MARYLAND
1083-
1084-– 24 –
1085-
1086- (v) Any other information that may be necessary to make a
1087-disposition consistent with the child’s best interests and the protection of the public
1088-interest.
1089-
1090- (b) (1) In making a disposition on a petition under § 3–8A–19 of this subtitle,
1091-if the court adopts a treatment service plan, the Department of Juvenile Services shall
1092-ensure that implementation of the treatment service plan occurs within 25 days after the
1093-date of disposition.
1094-
1095- (2) If a treatment service plan requires specified supervision, mentoring,
1096-mediation, monitoring, or placement, implementation of the treatment service plan is
1097-considered to have occurred ONLY when the supervision, mentoring, mediation,
1098-monitoring, or placement occurs.
1099-
1100- (3) The Department of Juvenile Services shall [certify] PROVIDE
1101-CERTIFICATION in writing to the court within 25 days after the date of disposition whether
1102-implementation of the treatment service plan has occurred AND EXPLAIN ATTEMPTS
1103-MADE TO ENSURE IMPLE MENTATION .
1104-
1105- (4) THE DEPARTMENT OF JUVENILE SERVICES SHALL FORWAR D A
1106-COPY OF THE CERTIFIC ATION DESCRIBED IN P ARAGRAPH (3) OF THIS SUBSECTION
1107-TO THE COMMISSION ON JUVENILE JUSTICE REFORM AND EMERGING AND BEST
1108-PRACTICES UND ER § 9–3502 OF THE STATE GOVERNMENT ARTICLE SO THAT THE
1109-COMMISSION MAY EVALUA TE PATTERNS OF FAILE D IMPLEMENTATION .
1110-
1111- (c) (1) If a treatment service plan is not implemented by the Department of
1112-Juvenile Services within 25 days under subsection (b)(3) of this section, the court shall
1113-schedule, within 7 days after receipt of the certification, a disposition review hearing to be
1114-held within 30 days after receipt of the certification.
1115-
1116- (2) The court shall give at least 7 days’ notice of the date and time of the
1117-disposition review hearing to each party and to the Department of Juvenile Services.
1118-
1119- (d) (1) The court shall hold a disposition review hearing unless the
1120-Department of Juvenile Services certifies in writing to the court prior to the hearing that
1121-implementation of the treatment service plan has occurred.
1122-
1123- (2) At a disposition review hearing, the court may:
1124-
1125- (i) Revise, in accordance with the provisions of § 3–8A–19 of this
1126-subtitle, the disposition previously made; and
1127-
1128- (ii) Revise the treatment service plan previously adopted.
1129- WES MOORE, Governor Ch. 735
1130-
1131-– 25 –
1132- (e) This section may not be construed to provide entitlement to services not
1133-otherwise provided by law.
1134-
1135- (f) The Supreme Court of Maryland may adopt rules to implement the provisions
1136-of this section.
1137-
1138-3–8A–27.
1139-
1140- (b) (1) A court record pertaining to a child is confidential and its contents may
1141-not be divulged, by subpoena or otherwise, except by order of the court upon good cause
1142-shown or as provided in §§ 7–303 and 22–309 of the Education Article.
1143-
1144- (10) This subsection does not prohibit access to and confidential use of a
1145-court record by the [State Advisory Board for Juvenile Services] COMMISSION ON
1146-JUVENILE JUSTICE REFORM AND EMERGING AND BEST PRACTICES if the [Board]
1147-COMMISSION is performing the functions described under [§ 9–215(5) of the Human
1148-Services Article] § 9–3502 OF THE STATE GOVERNMENT ARTICLE.
1149-
1150-Article – Criminal Procedure
1151-
1152-2–108.
1153-
1154- (a) A law enforcement officer who charges a minor with a criminal offense shall
1155-make a reasonable attempt to provide actual notice to the parent or guardian of the minor
1156-of the charge.
1157-
1158- (b) If a law enforcement officer takes a minor into custody, the law enforcement
1159-officer or the officer’s designee shall make a reasonable attempt to notify the parent or
1160-guardian of the minor in accordance with the requirements of § 3–8A–14 of the Courts
1161-Article.
1162-
1163- (C) IF A LAW ENFORCEMENT OFFICER ALLEGES THE COMMISSION OF AN
1164-ACT BY A CHILD UNDER THE AGE OF 13 YEARS THAT RESULTS I N THE DEATH OF A
1165-VICTIM, THE LAW ENFORCEMENT OF FICER SHALL FORWARD THE COMPLAINT TO
1166-THE DEPARTMENT OF JUVENILE SERVICES FOR APPROPRI ATE ACTION.
1167-
1168-11–722.
1169-
1170- (a) (1) In this section the following words have the meanings indicated.
1171-
1172- (2) “County board” has the meaning stated in § 1–101 of the Education
1173-Article.
1174-
1175- (3) “JUVENILE REGISTRANT ” HAS THE MEANING STAT ED IN §
1176-11–704.1 OF THIS SUBTITLE.
1177- Ch. 735 2024 LAWS OF MARYLAND
1178-
1179-– 26 –
1180- [(3)] (4) “State Board” has the meaning stated in § 1–101 of the Education
1181-Article.
1182-
1183- (b) This section does not apply to a registrant OR A JUVENILE REGIST RANT who
1184-enters real property:
1185-
1186- (1) where the registrant’s OR JUVENILE REGISTRA NT’S child is a student
1187-or receives child care, if:
1188-
1189- (i) within the past year the registrant OR JUVENILE REGISTRA NT
1190-has been given the specific written permission of the Superintendent of Schools, the local
1191-school board, the principal of the school, or the owner or operator of the registered family
1192-child care home, licensed child care home, or licensed child care institution, as applicable;
1193-and
1194-
1195- (ii) the registrant OR JUVENILE REGISTRA NT promptly notifies an
1196-agent or employee of the school, home, or institution of the registrant’s OR JUVENILE
1197-REGISTRANT’S presence and purpose of visit; or
1198-
1199- (2) for the purpose of voting at a school on an election day in the State if
1200-the registrant OR JUVENILE REGISTRA NT is properly registered to vote and the
1201-registrant’s OR JUVENILE REGISTRA NT’S polling place is at the school.
1202-
1203- (c) Except as provided in subsection (e) of this section, a registrant OR JUVENILE
1204-REGISTRANT may not knowingly enter onto real property:
1205-
1206- (1) that is used for public or nonpublic elementary or secondary education;
1207-or
1208-
1209- (2) on which is located:
1210-
1211- (i) a family child care home registered under Title 5, Subtitle 5 of
1212-the Family Law Article;
1213-
1214- (ii) a child care home or a child care institution licensed under Title
1215-5, Subtitle 5 of the Family Law Article; or
1216-
1217- (iii) a home where informal child care, as defined in child care subsidy
1218-regulations adopted under Title 13A of the Code of Maryland Regulations, is being provided
1219-or will be provided to a child who does not reside there.
1220-
1221- (d) A person who enters into a contract with a county board or a nonpublic school
1222-may not knowingly employ an individual to work at a school if the individual is a registrant
1223-OR JUVENILE REGISTRA NT.
1224- WES MOORE, Governor Ch. 735
1225-
1226-– 27 –
1227- (e) (1) A registrant OR JUVENILE REGISTRA NT who is a student may receive
1228-an education in accordance with State law in any of the following locations:
1229-
1230- (i) a location other than a public or nonpublic elementary or
1231-secondary school, including by:
1232-
1233- 1. participating in the Home and Hospital Teaching Program
1234-for Students; or
1235-
1236- 2. participating in or attending a program approved by a
1237-county board under paragraph (2) of this subsection;
1238-
1239- (ii) a Regional Institute for Children and Adolescents; or
1240-
1241- (iii) a nonpublic educational program as provided by § 8–406 of the
1242-Education Article if:
1243-
1244- 1. the registrant OR JUVENILE REGISTRA NT has notified
1245-an agent or employee of the nonpublic educational program that the registrant OR
1246-JUVENILE REGISTRANT is required to register under this subtitle; and
1247-
1248- 2. the registrant OR JUVENILE REGISTRA NT has been
1249-given specific written permission by an agent or employee of the nonpublic educational
1250-program to attend the nonpublic educational program.
1251-
1252- (2) Each county board shall develop and adopt a policy that enables a
1253-registrant OR JUVENILE REGISTRA NT who is a student to receive an education as
1254-described under paragraph (1) of this subsection.
1255-
1256- (3) The State Board shall develop and adopt guidelines and a model policy
1257-to assist a county board with the development of a policy under paragraph (2) of this
1258-subsection.
1259-
1260- (f) A person who violates subsection (c) or (d) of this section is guilty of a
1261-misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine
1262-not exceeding $5,000 or both.
1263-
1264-Article – Human Services
1265-
1266-8–103.
1267-
1268- (A) (1) THERE IS A GOVERNOR’S OFFICE FOR CHILDREN.
1269-
1270- (2) THE OFFICE IS A SEPARATE UNIT WITHIN THE EXECUTIVE
1271-DEPARTMENT .
1272- Ch. 735 2024 LAWS OF MARYLAND
1273-
1274-– 28 –
1275- (B) THE PURPOSE OF THE OFFICE IS TO PROVIDE A COORDINATED ,
1276-COMPREHENSIVE , INTERAGENCY APPROACH TO PROMOTING THE WEL L–BEING OF
1277-CHILDREN AND FAMILIE S THROUGH A NETWORK OF SUPPORTS , PROGRAMS, AND
1278-SERVICES THAT ARE FAMILY– AND CHILD–ORIENTED AND REDUCIN G THE NUMBER
1279-OF CHILDREN LIVING I N POVERTY.
1280-
1281- (C) THE GOVERNOR MAY PROVIDE FOR THE STRUCTURE , DUTIES, AND
1282-RESPONSIBILITIES OF THE OFFICE BY EXECUTIVE O RDER.
1283-
1284-8–104.
1285-
1286- (A) THERE IS A CHILDREN’S CABINET ADMINISTERED BY THE GOVERNOR’S
1287-OFFICE OF CHILDREN.
1288-
1289- (B) THE PURPOSE OF THE CHILDREN’S CABINET IS TO PROMOTE THE
1290-VISION OF THE STATE FOR A STABLE , SAFE, AND HEALTHY ENVIRONM ENT FOR
1291-CHILDREN AND FAMILIE S.
1292-
1293- (C) THE HEAD OF THE GOVERNOR’S OFFICE OF CHILDREN SHALL SERVE AS
1294-THE CHAIR AND BE RESPONSI BLE FOR THE ADMINIST RATION AND OPERATION OF
1295-THE CHILDREN’S CABINET.
1296-
1297- (D) THE GOVERNOR MAY PROVIDE FOR THE STRUCTURE , DUTIES, AND
1298-RESPONSIBILITIES OF THE CHILDREN’S CABINET BY EXECUTIVE ORDER.
1299-
1300-9–101.
1301-
1302- (a) In this title the following words have the meanings indicated.
1303-
1304- (b) “Department” means the Department of Juvenile Services.
1305-
1306- (c) “Secretary” means the Secretary of Juvenile Services.
1307-
1308- [(d) “State Advisory Board” means the State Advisory Board for Juvenile
1309-Services.]
1310-
1311-9–204.
1312-
1313- (f) (1) The Secretary shall develop a State Comprehensive Juvenile Services
1314-3–Year Plan.
1315-
1316- (2) The Plan shall:
1317- WES MOORE, Governor Ch. 735
1318-
1319-– 29 –
1320- (i) include an inventory of all in–day treatment programs and
1321-residential care programs and an accounting of the residence of all clients;
1322-
1323- (ii) include an inventory of nonresidential treatment programs;
1324-
1325- (iii) specify the needs of the various areas of services for clients,
1326-including alcohol and drug abuse rehabilitation services;
1327-
1328- (iv) specify the needs of clients, including predelinquent diversion
1329-services programs;
1330-
1331- (v) establish priorities for the different services needed;
1332-
1333- (vi) set standards for the quality of residential services and outreach
1334-services;
1335-
1336- (vii) include a program dedicated to reducing recidivism rates of
1337-clients;
1338-
1339- (viii) include programs dedicated to diverting children from the
1340-juvenile justice system; [and]
1341-
1342- (IX) INCLUDE PROGRAMS DEV ELOPED FOR YOUTH AT THE
1343-HIGHEST RISK OF BECO MING VICTIMS OR PERP ETRATORS OF GUN VIOL ENCE; AND
1344-
1345- (X) INCLUDE PROGRAMS DEVELOPED S PECIFICALLY FOR
1346-INDIVIDUALS AT LEAST 10 YEARS OLD AND UNDER THE AGE OF 15 YEARS WHO ARE
1347-AT THE HIGHEST RISK OF BECOMING VICTIMS OR PERPETRATORS OF G UN
1348-VIOLENCE; AND
1349-
1350- [(ix)] (X) (XI) include any other matters that the Secretary
1351-considers appropriate.
1352-
1353- (3) The Plan shall be revised for each fiscal year and submitted, subject to
1354-§ 2–1257 of the State Government Article, to the General Assembly by February 1 of each
1355-year.
1356-
1357-[9–211.
1358-
1359- There is a State Advisory Board for Juvenile Services in the Department.]
1360-
1361-[9–212.
1362-
1363- (a) The State Advisory Board consists of the following members appointed by the
1364-Governor:
1365- Ch. 735 2024 LAWS OF MARYLAND
1366-
1367-– 30 –
1368- (1) one representative of the Department;
1369-
1370- (2) one representative of the State Department of Education;
1371-
1372- (3) one representative of the Maryland Department of Health;
1373-
1374- (4) one representative of the Department of State Police;
1375-
1376- (5) one representative of the Social Services Administration of the
1377-Department of Human Services;
1378-
1379- (6) one representative of a private child welfare agency;
1380-
1381- (7) one representative of a youth services bureau;
1382-
1383- (8) three representatives of the State judiciary;
1384-
1385- (9) one representative of the General Assembly recommended by the
1386-President of the Senate;
1387-
1388- (10) one representative of the General Assembly recommended by the
1389-Speaker of the House;
1390-
1391- (11) one representative of the Maryland State’s Attorneys’ Association;
1392-
1393- (12) one representative of the Maryland Office of the Public Defender; and
1394-
1395- (13) nine members of the general public.
1396-
1397- (b) Of the nine members from the general public:
1398-
1399- (1) three shall be chosen on the basis of their interest in and experience
1400-with minors and juvenile problems;
1401-
1402- (2) two shall:
1403-
1404- (i) at the time of appointment to a first term, be at least 16 years
1405-old and under the age of 25 years; and
1406-
1407- (ii) include at least one individual who has been under the
1408-jurisdiction of the Department;
1409-
1410- (3) one shall be an individual who is a parent or guardian of a youth who
1411-has been under the jurisdiction of the Department;
1412-
1413- (4) one shall be a victim advocate; and WES MOORE, Governor Ch. 735
1414-
1415-– 31 –
1416-
1417- (5) two shall be employees of the Department with different job titles,
1418-recommended by the President of the American Federation of State, County, and Municipal
1419-Employees, Council 3.
1420-
1421- (c) (1) The term of a member is 3 years.
1422-
1423- (2) The terms of the members are staggered as required by the terms
1424-provided for members of the State Advisory Board on October 1, 2007.
1425-
1426- (3) At the end of a term, a member continues to serve until a successor is
1427-appointed and qualifies.
1428-
1429- (4) A member who is appointed after a term has begun serves only for the
1430-rest of the term and until a successor is appointed and qualifies.
1431-
1432- (5) A member who serves two consecutive full 3–year terms may not be
1433-reappointed for 3 years after completion of those terms.]
1434-
1435-[9–213.
1436-
1437- (a) From among the members of the State Advisory Board, the Governor shall
1438-appoint a chair.
1439-
1440- (b) (1) From among the members of the State Advisory Board, the chair shall
1441-appoint a secretary.
1442-
1443- (2) The secretary shall keep full and accurate minutes of each State
1444-Advisory Board meeting.]
1445-
1446-[9–214.
1447-
1448- (a) The State Advisory Board shall meet regularly at least six times a year on the
1449-call of its chair.
1450-
1451- (b) A member of the State Advisory Board:
1452-
1453- (1) may not receive compensation as a member of the State Advisory Board;
1454-but
1455-
1456- (2) is entitled to reimbursement for expenses under the Standard State
1457-Travel Regulations, as provided in the State budget.
1458-
1459- (c) A member of the State Advisory Board may not have a direct or indirect
1460-interest in any contract for building, repairing, equipping, or providing materials or Ch. 735 2024 LAWS OF MARYLAND
1461-
1462-– 32 –
1463-supplies to the Department or have any other financial interest in a contract with the
1464-Department.]
1465-
1466-[9–215.
1467-
1468- In addition to its other duties specified in this title, the State Advisory Board shall:
1469-
1470- (1) consult with and advise the Secretary on:
1471-
1472- (i) each aspect of the juvenile services program in the State;
1473-
1474- (ii) the educational programs and services of the Department;
1475-
1476- (iii) programs designed to divert children from the juvenile justice
1477-system; and
1478-
1479- (iv) the treatment and programming needs of females in the juvenile
1480-justice system;
1481-
1482- (2) recommend to the Secretary policies and programs to improve juvenile
1483-services in the State;
1484-
1485- (3) participate in interpreting for the public the objectives of the
1486-Department;
1487-
1488- (4) participate in planning the development and use of available resources
1489-to meet the needs of the Department; and
1490-
1491- (5) examine and review fatalities involving children under the supervision
1492-of the Department for the purpose of advising the Secretary on policies and programs to
1493-prevent fatalities, including:
1494-
1495- (i) a death caused by a child under the supervision of t he
1496-Department, if the child is convicted or adjudicated for the death; and
1497-
1498- (ii) the death of a child under the supervision of the Department.]
1499-
1500-[9–230.
1501-
1502- (a) With the consent of the State Advisory Board, the Secretary may establish an
1503-advisory board for one or more facilities.
1504-
1505- (b) Each board shall consist of individuals that the Secretary and the State
1506-Advisory Board consider to be helpful in matters that relate to the effective operation and
1507-improvement of the facility.
1508- WES MOORE, Governor Ch. 735
1509-
1510-– 33 –
1511- (c) A representative of the Juvenile Justice Monitoring Unit of the Office of the
1512-Attorney General established under Title 6, Subtitle 4 of the State Government Article
1513-shall be available to attend meetings of each advisory board.]
1514-
1515-Article – Public Safety
1516-
1517-3–531.
1518-
1519- (A) THERE IS A GOVERNOR’S OFFICE OF CRIME PREVENTION AND POLICY.
1520-
1521- (B) THE OFFICE IS A SEPARATE UNIT WITHIN THE EXECUTIVE
1522-DEPARTMENT .
1523-
1524- (C) THE GOVERNOR MAY PROVIDE FOR THE STRUCTURE , DUTIES, AND
1525-RESPONSIBILITIES OF THE OFFICE BY EXECUTIVE O RDER.
1526-
1527-Article – Courts and Judicial Proceedings
1528-
1529-3–8A–01.
1530-
1531- (a) In this subtitle the following words have the meanings indicated, unless the
1532-context of their use indicates otherwise.
1533-
1534- (h) (1) “Community detention” means a program monitored by the Department
1535-of Juvenile Services in which a delinquent child or a child alleged to be delinquent is placed
1536-in the home of a parent, guardian, custodian, or other fit person, or in shelter care, as a
1537-condition of probation or as an alternative to detention.
1538-
1539- (2) “Community detention” includes electronic monitoring.
1540-
1541-3–8A–03.
1542-
1543- (a) In addition to the jurisdiction specified in Subtitle 8 of this title, the court has
1544-exclusive original jurisdiction over:
1545-
1546- (1) A child:
1547-
1548- (i) Who is at least 13 years old alleged to be delinquent; or
1549-
1550- (ii) Except as provided in subsection (d) of this section, who is at least
1551-10 years old alleged to have committed an act:
1552-
1553- 1. That, if committed by an adult, would constitute [a]:
1554-
1555- A. A crime of violence, as defined in § 14–101 of the Criminal
1556-Law Article; [or] Ch. 735 2024 LAWS OF MARYLAND
1557-
1558-– 34 –
1559-
1560- B. A CRIME INVOLVING HAND GUNS UNDER § 4–203 OR §
1561-4–204 OF THE CRIMINAL LAW ARTICLE;
1562-
1563- C. A CRIME INVOLVING FIRE ARMS UNDER § 5–133, §
1564-5–134, § 5–138, § 5–142, § 5–203, OR § 5–703 OF THE PUBLIC SAFETY ARTICLE;
1565-
1566- D. AGGRAVATED CRUELTY TO ANIMALS UNDER § 10–606
1567-OF THE CRIMINAL LAW ARTICLE; OR
1568-
1569- E. SEXUAL OFFENSE IN THE THIRD DEGREE UNDER §
1570-3–307 OF THE CRIMINAL LAW ARTICLE; OR
1571-
1572- 2. Arising out of the same incident as an act listed in item 1
1573-of this item;
1574-
1575- (2) A child who is in need of supervision;
1576-
1577- (3) A child who has received a citation for a violation;
1578-
1579- (4) Except as provided in subsection (d)(6) of this section, a peace order
1580-proceeding in which the respondent is a child; and
1581-
1582- (5) Proceedings arising under the Interstate Compact on Juveniles.
1583-
1584- (b) The court has concurrent jurisdiction over proceedings against an adult for the
1585-violation of § 3–8A–30 of this subtitle. However, the court may waive its jurisdiction under
1586-this subsection upon its own motion or upon the motion of any party to the proceeding, if
1587-charges against the adult arising from the same incident are pending in the criminal court.
1588-Upon motion by either the State’s Attorney or the adult charged under § 3–8A–30 of this
1589-subtitle, the court shall waive its jurisdiction, and the adult shall be tried in the criminal
1590-court according to the usual criminal procedure.
1591-
1592- (c) (1) The jurisdiction of the court is concurrent with that of the District Court
1593-in any criminal case arising under the compulsory public school attendance laws of this
1594-State.
1595-
1596- (2) The jurisdiction of the court is concurrent with that of a federal court
1597-sitting in the State over proceedings involving a violation of federal law committed by a child
1598-on a military installation of the U.S. Department of Defense if:
1599-
1600- (i) The federal court waives exclusive jurisdiction; and
1601-
1602- (ii) The violation of federal law is also a crime under State law.
1603- WES MOORE, Governor Ch. 735
1604-
1605-– 35 –
1606- (d) The court does not have jurisdiction over:
1607-
1608- (1) A child at least 14 years old alleged to have done an act that, if
1609-committed by an adult, would be a crime punishable by life imprisonment, as well as all
1610-other charges against the child arising out of the same incident, unless an order removing
1611-the proceeding to the court has been filed under § 4–202 of the Criminal Procedure Article;
1612-
1613- (2) A child at least 16 years old alleged to have done an act in violation of
1614-any provision of the Transportation Article or other traffic law or ordinance, except an act
1615-that prescribes a penalty of incarceration;
1616-
1617- (3) A child at least 16 years old alleged to have done an act in violation of
1618-any provision of law, rule, or regulation governing the use or operation of a boat, except an
1619-act that prescribes a penalty of incarceration;
1620-
1621- (4) A child at least 16 years old alleged to have committed any of the
1622-following crimes, as well as all other charges against the child arising out of the same
1623-incident, unless an order removing the proceeding to the court has been filed under § 4–202
1624-of the Criminal Procedure Article:
1625-
1626- (i) Abduction;
1627-
1628- (ii) Kidnapping;
1629-
1630- (iii) Second degree murder;
1631-
1632- (iv) Manslaughter, except involuntary manslaughter;
1633-
1634- (v) Second degree rape;
1635-
1636- (vi) Robbery under § 3–403 of the Criminal Law Article;
1637-
1638- (vii) Third degree sexual offense under § 3–307(a)(1) of the Criminal
1639-Law Article;
1640-
1641- (viii) A crime in violation of § 5–133, § 5–134, § 5–138, or § 5–203 of the
1642-Public Safety Article;
1643-
1644- (ix) Using, wearing, carrying, or transporting a firearm during and
1645-in relation to a drug trafficking crime under § 5–621 of the Criminal Law Article;
1646-
1647- (x) Use of a firearm under § 5–622 of the Criminal Law Article;
1648-
1649- (xi) Carjacking or armed carjacking under § 3–405 of the Criminal
1650-Law Article;
1651- Ch. 735 2024 LAWS OF MARYLAND
1652-
1653-– 36 –
1654- (xii) Assault in the first degree under § 3–202 of the Criminal Law
1655-Article;
1656-
1657- (xiii) Attempted murder in the second degree under § 2–206 of the
1658-Criminal Law Article;
1659-
1660- (xiv) Attempted rape in the second degree under § 3–310 of the
1661-Criminal Law Article;
1662-
1663- (xv) Attempted robbery under § 3–403 of the Criminal Law Article; or
1664-
1665- (xvi) A violation of § 4–203, § 4–204, § 4–404, or § 4–405 of the Criminal
1666-Law Article;
1667-
1668- (5) A child who previously has been convicted as an adult of a felony and is
1669-subsequently alleged to have committed an act that would be a felony if committed by an
1670-adult, unless an order removing the proceeding to the court has been filed under § 4–202 of
1671-the Criminal Procedure Article;
1672-
1673- (6) A peace order proceeding in which the victim, as defined in §
1674-3–8A–01(cc)(1)(ii) of this subtitle, is a person eligible for relief, as defined in § 4–501 of the
1675-Family Law Article; or
1676-
1677- (7) Except as provided in subsection (a)(1)(ii) of this section, a delinquency
1678-proceeding against a child who is under the age of 13 years.
1679-
1680- (e) If the child is charged with two or more violations of the Maryland Vehicle
1681-Law, another traffic law or ordinance, or the State Boat Act, allegedly arising out of the
1682-same incident and which would result in the child being brought before both the court and
1683-a court exercising criminal jurisdiction, the court has exclusive jurisdiction over all of the
1684-charges.
1685-
1686- (f) A child under the age of 13 years may not be charged with a crime.
1687-
1688-3–8A–10.
1689-
1690- (c) (1) (I) Except as [otherwise] provided in [this subsection,]
1691-SUBPARAGRAPH (II) OF THIS PARAGRAPH , in considering the complaint, the intake
1692-officer shall make an inquiry within [25 days] 15 BUSINESS DAYS as to whether the court
1693-has jurisdiction and whether judicial action is in the best interests of the public or the child.
1694-
1695- (II) IF A LAW ENFORCEMENT OFFICER REQUESTS THA T THE
1696-INTAKE OFFICER AUTHO RIZE DETENTION FOR A CHILD UNDER § 3–8A–15 OF THIS
1697-SUBTITLE AND THE INT AKE OFFICER DOES NOT AUTHORIZE DETENTION , THE
1698-INTAKE OFFICER SHALL MAKE AN INQUIRY WITH IN 2 BUSINESS DAYS AS TO WHETHER WES MOORE, Governor Ch. 735
1699-
1700-– 37 –
1701-THE COURT HAS JURISD ICTION AND WHETHER J UDICIAL ACTION IS IN THE BEST
1702-INTERESTS OF THE PUB LIC OR THE CHILD.
1703-
1704- (2) An inquiry need not include an interview of the child who is the subject
1705-of the complaint if the complaint alleges the commission of an act that would be a felony if
1706-committed by an adult or alleges a violation of § 4–203 or § 4–204 of the Criminal Law
1707-Article OR A VIOLATION OF § 5–133, § 5–134, § 5–138, § 5–142, § 5–203, OR § 5–703
1708-OF THE PUBLIC SAFETY ARTICLE.
1709-
1710- (3) In accordance with this section, the intake officer [may,] SHALL,
1711-IMMEDIATELY after such inquiry [and within 25 days of receiving the complaint]:
1712-
1713- (i) Authorize the filing of a petition or a peace order request or both;
1714-
1715- (ii) Propose an informal adjustment of the matter; or
1716-
1717- (iii) Refuse authorization to file a petition or a peace order request or
1718-both.
1719-
1720- (4) (i) [1. Except as provided in subsubparagraph 2 of this
1721-subparagraph, if] IF a complaint is filed that alleges the commission of an act which would
1722-be a felony if committed by an adult or alleges a violation of § 4–203 or § 4–204 of the
1723-Criminal Law Article OR A VIOLATION OF § 5–133, § 5–134, § 5–138, § 5–142, § 5–203,
1724-OR § 5–703 OF THE PUBLIC SAFETY ARTICLE, and if the intake officer denies
1725-authorization to file a petition or proposes an informal adjustment, the intake officer shall
1726-immediately:
1727-
1728- [A.] 1. Forward the complaint to the State’s Attorney; and
1729-
1730- [B.] 2. Forward a copy of the entire intake case file to the
1731-State’s Attorney with information as to any and all prior intake involvement with the child.
1732-
1733- [2. For a complaint that alleges the commission of an act that
1734-would be a felony if committed by an adult, the intake officer is not required to forward the
1735-complaint and copy of the intake case file to the State’s Attorney if:
1736-
1737- A. The intake officer proposes the matter for informal
1738-adjustment;
1739-
1740- B. The act did not involve the intentional causing of, or
1741-attempt to cause, the death of or physical injury to another; and
1742-
1743- C. The act would not be a crime of violence, as defined under
1744-§ 14–101 of the Criminal Law Article, if committed by an adult.]
1745- Ch. 735 2024 LAWS OF MARYLAND
1746-
1747-– 38 –
1748- (II) IF A COMPLAINT IS FIL ED THAT ALLEGES THE COMMISSION
1749-OF A DELINQUENT ACT BY A CHILD WHO WAS U NDER THE SUPERVISION OF THE
1750-DEPARTMENT OF JUVENILE SERVICES AT THE TIME OF THE ALLEGED DELIN QUENT
1751-ACT, AND IF THE INTAKE OF FICER DENIES AUTHORI ZATION TO FILE A PET ITION OR
1752-PROPOSES INFORMAL AD JUSTMENT, THE INTAKE OFF ICER SHALL IMMEDIATE LY:
1753-
1754- 1. FORWARD THE COMPLAINT TO THE STATE’S
1755-ATTORNEY; AND
1756-
1757- 2. FORWARD A COPY OF THE ENTIRE INTAKE CASE F ILE
1758-TO THE STATE’S ATTORNEY WITH INFORMA TION AS TO ANY AND A LL PRIOR INTAKE
1759-INVOLVEMENT WITH THE CHILD.
1760-
1761- [(ii)] (III) The State’s Attorney shall make a preliminary review as to
1762-whether the court has jurisdiction and whether judicial action is in the best interests of the
1763-public or the child. The need for restitution may be considered as one factor in the public
1764-interest. After the preliminary review the State’s Attorney shall, within 30 days of the receipt
1765-of the complaint by the State’s Attorney, unless the court extends the time:
1766-
1767- 1. File a petition or a peace order request or both;
1768-
1769- 2. Refer the complaint to the Department of Juvenile Services
1770-for informal disposition; or
1771-
1772- 3. Dismiss the complaint.
1773-
1774- (IV) THIS PARAGRAPH MAY NO T BE CONSTRUED TO PR OHIBIT AN
1775-INTAKE OFFICER FROM PROCEEDING WITH AN I NFORMAL ADJUSTMENT W HILE THE
1776-STATE’S ATTORNEY CONDUCTS A P RELIMINARY REVIEW UNDER SU BPARAGRAPH (II)
1777-OR (III) OF THIS PARAGRAPH .
1778-
1779- [(iii)] (V) This subsection may not be construed or interpreted to limit
1780-the authority of the State’s Attorney to seek a waiver under § 3–8A–06 of this subtitle.
1781-
1782- (5) IF A COMPLAINT IS FIL ED THAT ALLEGES THE COMMISSION OF AN
1783-ACT BY A CHILD UNDER THE AGE OF 13 YEARS THAT, IF COMMITTED BY AN A DULT,
1784-WOULD CONSTITUTE THE FT OF A MOTOR VEHICL E UNDER § 7–105 OF THE CRIMINAL
1785-LAW ARTICLE, THE INTAKE OFFICER S HALL AUTHORIZE THE F ILING OF A PETITION
1786-ALLEGING THAT THE CH ILD IS IN NEED OF SU PERVISION.
1787-
1788- (f) (1) During the informal adjustment process, the child shall be subject to
1789-such supervision as the intake officer deems appropriate and if the intake officer decides to
1790-have an intake conference, the child and the child’s parent or guardian shall appear at the
1791-intake conference. WES MOORE, Governor Ch. 735
1792-
1793-– 39 –
1794-
1795- (2) The informal adjustment process may not exceed 90 days unless:
1796-
1797- (i) That time is extended by the court; or
1798-
1799- (ii) The intake officer determines that additional time is necessary for
1800-the child to participate in a substance–related disorder treatment program or a mental
1801-health program that is part of the informal adjustment process.
1802-
1803- (3) If the victim, the child, and the child’s parent or guardian do not consent
1804-to an informal adjustment, the intake officer shall authorize the filing of a petition or a peace
1805-order request or both or deny authorization to file a petition or a peace order request or both
1806-under subsection (g) of this section.
1807-
1808- (4) (I) If at any time before the completion of an agreed upon informal
1809-adjustment the intake officer believes that the informal adjustment cannot be completed
1810-successfully, the intake officer shall authorize the filing of a petition or a peace order request
1811-or both or deny authorization to file a petition or a peace order request or both under
1812-subsection (g) of this section.
1813-
1814- (II) IF THE INTAKE OFFICER DENIES AUTHORIZATION TO FILE A
1815-PETITION OR A PEACE ORDER REQUEST UNDER SUBPARAGRAPH (I) OF THIS
1816-PARAGRAPH , THE INTAKE OFFICER S HALL IMMEDIATELY FOR WARD TO THE STATE’S
1817-ATTORNEY:
1818-
1819- 1. THE COMPLAINT ; AND
1820-
1821- 2. A COPY OF THE ENTIRE I NTAKE CASE FILE WITH
1822-INFORMATION AS TO AN Y PRIOR INTAKE INVOL VEMENT WITH THE CHIL D.
1823-
1824- (g) (1) If based upon the complaint and the inquiry, the intake officer concludes
1825-that the court has no jurisdiction, or that neither an informal adjustment nor judicial action
1826-is appropriate, the intake officer may deny authorization to file a petition or a peace order
1827-request or both.
1828-
1829- (2) If the intake officer denies authorization to file a petition or a peace order
1830-request or both, the intake officer shall inform the following persons of the decision, the
1831-reasons for it, and their right of review provided in this section:
1832-
1833- (i) The victim;
1834-
1835- (ii) The arresting police officer; and
1836-
1837- (iii) The person or agency that filed the complaint or caused it to be
1838-filed.
1839- Ch. 735 2024 LAWS OF MARYLAND
1840-
1841-– 40 –
1842- (3) The intake officer shall inform the persons specified in paragraph (2) of
1843-this subsection BY ELECTRONIC MEANS of the decision to deny authorization to file a
1844-petition for the alleged commission of a delinquent act through use of the form prescribed by
1845-§ 3–8A–11 of this subtitle.
1846-
1847-3–8A–14.
1848-
1849- (a) A child may be taken into custody under this subtitle by any of the following
1850-methods:
1851-
1852- (1) Pursuant to an order of the court;
1853-
1854- (2) By a law enforcement officer pursuant to the law of arrest;
1855-
1856- (3) By a law enforcement officer or other person authorized by the court if
1857-the officer or other person has reasonable grounds to believe that the child is in immediate
1858-danger from the child’s surroundings and that the child’s removal is necessary for the child’s
1859-protection;
1860-
1861- (4) By a law enforcement officer or other person authorized by the court if
1862-the officer or other person has reasonable grounds to believe that the child has run away
1863-from the child’s parents, guardian, or legal custodian; or
1864-
1865- (5) In accordance with § 3–8A–14.1 of this subtitle.
1866-
1867- (b) (1) (i) If a law enforcement officer takes a child into custody, the officer
1868-shall immediately notify, or cause to be notified, the child’s parents, guardian, or custodian
1869-in a manner reasonably calculated to give actual notice of the action.
1870-
1871- (ii) The notice required under subparagraph (i) of this paragraph
1872-shall:
1873-
1874- 1. Include the child’s location;
1875-
1876- 2. Provide the reason for the child being taken into custody;
1877-and
1878-
1879- 3. Instruct the parent, guardian, or custodian on how to make
1880-immediate in–person contact with the child.
1881-
1882- (2) After making every reasonable effort to give actual notice to a child’s
1883-parent, guardian, or custodian, the law enforcement officer shall with all reasonable speed:
1884-
1885- (i) Release the child to the child’s parents, guardian, or custodian or
1886-to any other person designated by the court, upon their written promise to bring the child
1887-before the court when requested by the court, and such security for the child’s appearance as WES MOORE, Governor Ch. 735
1888-
1889-– 41 –
1890-the court may reasonably require, unless the child’s placement in detention or shelter care is
1891-permitted and appears required by § 3–8A–15 of this subtitle; or
1892-
1893- (ii) Deliver the child to the court or a place of detention or shelter care
1894-designated by the court.
1895-
1896- (c) If a parent, guardian, or custodian fails to bring the child before the court when
1897-requested, the court may:
1898-
1899- (1) Issue a writ of attachment directing that the child be taken into custody
1900-and brought before the court; and
1901-
1902- (2) Proceed against the parent, guardian, or custodian for contempt.
1903-
1904- (D) IF A CHILD IS TAKEN I NTO CUSTODY UNDER TH IS SUBTITLE BY A LAW
1905-ENFORCEM ENT OFFICER PURSUANT TO THE LAW OF ARREST , THE LAW
1906-ENFORCEMENT OFFICER SHALL:
1907-
1908- (1) COMPLETE AND FORWARD A WRITTEN COMPLAINT OR CITATION
1909-TO THE DEPARTMENT OF JUVENILE SERVICES FOR PROCESSI NG UNDER § 3–8A–10
1910-OF THIS SUBTITLE;
1911-
1912- (2) IF THE CHILD WAS REFERRED TO AN AT –RISK YOUTH PREVENTIO N
1913-AND DIVERSION PROGRA M, AS DEFINED IN § 8–601 OF THE HUMAN SERVICES
1914-ARTICLE, COMPLETE AND FORWARD A WRITTEN REPORT TO THE DEPARTMENT OF
1915-JUVENILE SERVICES INDICATING T HAT THE CHILD WAS DI VERTED TO:
1916-
1917- (I) A LAW ENFORC EMENT DIVERSION PROG RAM, INCLUDING A
1918-DIVERSION PROGRAM OP ERATED BY A LOCAL STATE’S ATTORNEY;
1919-
1920- (II) A DIVERSION PROGRAM OP ERATED BY ANOTHER AG ENCY OR
1921-ORGANIZATION ;
1922-
1923- (III) A LOCAL CARE TEAM ; OR
1924-
1925- (IV) ANOTHER COMMUNITY –BASED SERVICE PROVID ER; OR
1926-
1927- (3) COMPLETE AND FORWARD A WRITTEN REPORT TO THE
1928-DEPARTMENT OF JUVENILE SERVICES INDICATING T HAT NO FURTHER ACTIO N WAS
1929-TAKEN.
1930-
1931- [(d)] (E) (1) (i) In this subsection the following words have the meanings
1932-indicated.
1933- Ch. 735 2024 LAWS OF MARYLAND
1934-
1935-– 42 –
1936- (ii) “Qualifying offense” has the meaning stated in § 8–302 of the
1937-Criminal Procedure Article.
1938-
1939- (iii) “Sex trafficking” has the meaning stated in § 5–701 of the Family
1940-Law Article.
1941-
1942- (iv) “Victim of human trafficking” has the meaning stated in § 8–302
1943-of the Criminal Procedure Article.
1944-
1945- (2) In addition to the requirements for reporting child abuse and neglect
1946-under § 5–704 of the Family Law Article, if a law enforcement officer has reason to believe
1947-that a child who has been detained is a victim of sex trafficking or a victim of human
1948-trafficking, the law enforcement officer shall, as soon as practicable:
1949-
1950- (i) Notify an appropriate regional navigator, as defined in § 5–704.4
1951-of the Family Law Article, for the jurisdiction where the child was taken into custody or
1952-where the child is a resident that the child is a suspected victim of sex trafficking or a
1953-suspected victim of human trafficking so the regional navigator can coordinate a service
1954-response;
1955-
1956- (ii) Report to the local child welfare agency that the child is a
1957-suspected victim of sex trafficking or a suspected victim of human trafficking; and
1958-
1959- (iii) Release the child to the child’s parents, guardian, or custodian if
1960-it is safe and appropriate to do so, or to the local child welfare agency if there is reason to
1961-believe that the child’s safety will be at risk if the child is returned to the child’s parents,
1962-guardian, or custodian.
1963-
1964- (3) A law enforcement officer who takes a child who is a suspected victim of
1965-sex trafficking or a suspected victim of human trafficking into custody under subsection
1966-(a)(3) of this section may not detain the child in a juvenile detention facility, as defined under
1967-§ 9–237 of the Human Services Article, if the reason for detaining the child is a suspected
1968-commission of a qualifying offense or § 3–1102 of the Criminal Law Article.
1969-
1970- [(e)] (F) The Supreme Court of Maryland may adopt rules concerning
1971-age–appropriate language to be used to advise a child who is taken into custody of the child’s
1972-rights.
1973-
1974-3–8A–15.
1975-
1976- (b) (3) (I) [A] SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH ,
1977-A child alleged to have committed a delinquent act may not be placed in detention before a
1978-hearing if the most serious offense would be a misdemeanor if committed by an adult, unless:
1979-
1980- [(i)] 1. The act [involved a handgun and would be a violation
1981-under the Criminal Law Article or] WOULD BE A VIOLATION OF § 4–203 OR § 4–204 OF WES MOORE, Governor Ch. 735
1982-
1983-– 43 –
1984-THE CRIMINAL LAW ARTICLE OR A VIOLATIO N OF § 5–133, § 5–134, § 5–138, § 5–142,
1985-§ 5–203, OR § 5–703 OF the Public Safety Article if committed by an adult; [or]
1986-
1987- [(ii)] 2. The child has been adjudicated delinquent at least twice in
1988-the preceding [12 months] 2 YEARS; OR
1989-
1990- 3. A. THE CHILD WAS UNDER T HE SUPERVISION OF
1991-THE DEPARTMENT OF JUVENILE SERVICES WHEN THE ALL EGED ACT OCCURRED ;
1992-AND
1993-
1994- B. THE ALLEGED ACT , IF COMMITTED BY AN A DULT,
1995-WOULD BE SUBJECT TO A PENALTY OF IMPRISO NMENT OF MORE THAN 2 YEARS AND
1996-WOULD NOT CONSTITUTE ASSAULT IN THE SECON D DEGREE UNDER § 3–203 OF THE
1997-CRIMINAL LAW ARTICLE.
1998-
1999- (II) EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION,
2000-A CHILD UNDER THE AG E OF 13 MAY NOT BE PLACED IN DETENTION IF:
2001-
2002- 1. THE ACT WOULD BE A VI OLATION OF § 4–203 OR §
2003-4–204 OF THE CRIMINAL LAW ARTICLE OR A VIOLATIO N OF § 5–133, § 5–134, §
2004-5–138, § 5–142, § 5–203, OR § 5–703 OF THE PUBLIC SAFETY ARTICLE; AND
2005-
2006- 2. THE CHILD HAS NOT PRE VIOUSLY BEEN
2007-ADJUDICATED DELINQUE NT FOR AN ACT THAT W OULD BE A VIOLATION § 4–203 OR §
2008-4–204 OF THE CRIMINAL LAW ARTICLE OR A VIOLATIO N OF § 5–133, § 5–134, §
2009-5–138, § 5–142, § 5–203, OR § 5–703 OF THE PUBLIC SAFETY ARTICLE.
2010-
2011- (e) (3) (ii) If a child who has been released by the Department of Juvenile
2012-Services or the court into community detention violates the conditions of community
2013-detention, and it is necessary to protect the child or others, an intake officer may authorize
2014-the detention of the child.
2015-
2016- (k) (1) [If] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
2017-SUBSECTION, IF a child remains in a facility used for detention, the Department of Juvenile
2018-Services shall:
2019-
2020- [(1)] (I) Within 14 days after the child’s initial detention, appear at a
2021-hearing before the court with the child to explain the reasons for continued detention; and
2022-
2023- [(2)] (II) Every 14 days thereafter, appear at another hearing before the
2024-court with the child to explain the reasons for continued detention.
2025- Ch. 735 2024 LAWS OF MARYLAND
2026-
2027-– 44 –
2028- (2) A HEARING REQUIRED UND ER THIS SUBSECTION M AY BE WAIVED
2029-ONE TIME ON THE CONS ENT OF THE COURT , THE STATE’S ATTORNEY, AND COUNSEL
2030-FOR THE CHILD.
2031-
2032-3–8A–19.
2033-
2034- (d) (1) In making a disposition on a petition under this subtitle, the court may:
2035-
2036- (i) Subject to § 3–8A–19.6 of this subtitle, place the child on
2037-probation or under supervision in his own home or in the custody or under the guardianship
2038-of a relative or other fit person, upon terms the court deems appropriate, including
2039-community detention;
2040-
2041- (ii) Subject to the provisions of paragraphs (2) and (3) of this
2042-subsection, commit the child to the custody or under the guardianship of the Department of
2043-Juvenile Services, the Maryland Department of Health, or a public or licensed private agency
2044-on terms that the court considers appropriate to meet the priorities set forth in § 3–8A–02 of
2045-this subtitle, including designation of the type of facility where the child is to be
2046-accommodated, until custody or guardianship is terminated with approval of the court or
2047-as required under § 3–8A–24 of this subtitle; or
2048-
2049- (iii) Order the child, parents, guardian, or custodian of the child to
2050-participate in rehabilitative services that are in the best interest of the child and the family.
2051-
2052- (2) In addition to the provisions of paragraph (1) of this subsection, in
2053-making a disposition on a petition, the court may adopt a treatment service plan, as defined
2054-in § 3–8A–20.1 of this subtitle.
2055-
2056- (3) (i) A child may not be committed to the Department of Juvenile
2057-Services for out–of–home placement if the most serious offense is:
2058-
2059- 1. Possession of cannabis under § 5–601(c)(2)(ii) of the
2060-Criminal Law Article;
2061-
2062- 2. An offense that would be a misdemeanor if committed by
2063-an adult, unless the offense involves a firearm;
2064-
2065- 3. A technical violation, as defined in § 3–8A–19.6 of this
2066-subtitle; or
2067-
2068- 4. A first–time violation for making a false statement, report,
2069-or complaint of an emergency or a crime under § 9–501.1 of the Criminal Law Article.
2070-
2071- (ii) This paragraph may not be construed to prohibit the court from
2072-committing the child to another appropriate agency.
2073- WES MOORE, Governor Ch. 735
2074-
2075-– 45 –
2076- (4) A child committed under paragraph (1)(ii) of this subsection may not be
2077-accommodated in a facility that has reached budgeted capacity if a bed is available in
2078-another comparable facility in the State, unless the placement to the facility that has reached
2079-budgeted capacity has been recommended by the Department of Juvenile Services.
2080-
2081- (5) The court shall consider any oral address made in accordance with §
2082-11–403 of the Criminal Procedure Article or any victim impact statement, as described in §
2083-11–402 of the Criminal Procedure Article, in determining an appropriate disposition on a
2084-petition.
2085-
2086- (6) (i) If the court finds that a child enrolled in a public elementary or
2087-secondary school is delinquent or in need of supervision and commits the child to the custody
2088-or under the guardianship of the Department of Juvenile Services, the court may notify the
2089-county superintendent, the supervisor of pupil personnel, or any other official designated by
2090-the county superintendent of the fact that the child has been found to be delinquent or in
2091-need of supervision and has been committed to the custody or under the guardianship of the
2092-Department of Juvenile Services.
2093-
2094- (ii) If the court rescinds the commitment order for a child enrolled in
2095-a public elementary or secondary school, the court may notify the county superintendent, the
2096-supervisor of pupil personnel, or any other official designated by the county superintendent
2097-of the fact that the child is no longer committed to the custody of the Department of Juvenile
2098-Services.
2099-
2100- (iii) The notice authorized under subparagraphs (i) and (ii) of this
2101-paragraph may not include any order or pleading related to the delinquency or child in need
2102-of supervision case.
2103-
2104- (7) IF A CHILD PLACED IN COMMUNITY DETENTION UNDER AN
2105-ELECTRONIC MONITORIN G AGREEMENT UNDER TH IS SUBSECTION VIOLAT ES THE
2106-AGREEMENT , THE DEPARTMENT OF JUVENILE SERVICES SHALL NOT IFY WITHIN 24
2107-HOURS AFTER THE VIOL ATION:
2108-
2109- (I) THE JUVENILE COURT ;
2110-
2111- (II) THE OFFICE OF THE STATE’S ATTORNEY; AND
2112-
2113- (III) THE CHILD’S DEFENSE ATTORNEY .
2114-
2115-3–8A–19.6.
2116-
2117- (a) (1) In this section[, “technical] THE FOLLOWING WORDS HAVE THE
2118-MEANINGS INDICATED .
2119-
2120- (2) “GOOD CAUSE ” INCLUDES A CHILD HAV ING TWO OR MORE
2121-UNEXCUSED ABSENCES F ROM A TREATMENT PROG RAM THAT THE CHILD I S ORDERED Ch. 735 2024 LAWS OF MARYLAND
2122-
2123-– 46 –
2124-TO ATTEND AS A CONDI TION OF PROBATION , UNLESS THE CHILD HAS
2125-SUBSTANTIALLY COMPLETED THE TREATM ENT PROGRAM .
2126-
2127- (3) “TECHNICAL violation” means a violation of probation that does not
2128-involve:
2129-
2130- [(1)] (I) An arrest or a summons issued by a commissioner on a statement
2131-of charges filed by a law enforcement officer;
2132-
2133- [(2)] (II) A violation of a criminal prohibition, or an act that would be a
2134-violation of a criminal prohibition if committed by an adult, other than a minor traffic
2135-offense;
2136-
2137- [(3)] (III) A violation of a no–contact or stay–away order; or
2138-
2139- [(4)] (IV) Absconding.
2140-
2141- (b) This section does not apply to an offense committed by a child that, if
2142-committed by an adult, would be a felony and a crime of violence under § 14–101 of the
2143-Criminal Law Article.
2144-
2145- (c) The court may not place a child on probation for a term exceeding that provided
2146-in this section.
2147-
2148- (d) (1) Except as provided in paragraph (2) of this subsection, if the most
2149-serious offense committed by a child would be a misdemeanor if committed by an adult, the
2150-court may place the child on probation for a period not exceeding [6 months] 1 YEAR.
2151-
2152- (2) Subject to paragraph (3) of this subsection, the court may, after a
2153-hearing, extend the probation by periods not exceeding 3 months if the court finds that:
2154-
2155- (i) There is good cause to extend the probation; and
2156-
2157- (ii) The purpose of extending the probation is to ensure that the child
2158-completes a treatment or rehabilitative program or service.
2159-
2160- (3) The total period of the probation, including extensions of the probation,
2161-may not exceed [1 year] 2 YEARS.
2162-
2163- (e) (1) Except as provided in paragraph (2) of this subsection, if the most
2164-serious offense committed by a child would be a felony if committed by an adult, the court
2165-may place the child on probation for a period not exceeding [1 year] 2 YEARS.
2166-
2167- (2) (i) Subject to paragraph (3) of this subsection, the court may, after a
2168-hearing, extend the probation by periods not exceeding 3 months if the court finds that: WES MOORE, Governor Ch. 735
2169-
2170-– 47 –
2171-
2172- 1. There is good cause to extend the probation; and
2173-
2174- 2. The purpose of extending the probation is to ensure that the
2175-child completes a treatment or rehabilitative program or service.
2176-
2177- (ii) Except as provided in paragraph (3) of this subsection, if the
2178-probation is extended under this paragraph, the total period of the probation may not exceed
2179-[2] 3 years.
2180-
2181- (3) (i) Subject to subparagraph (ii) of this paragraph, the court may
2182-extend the period of the probation for a period of time greater than the period described in
2183-paragraph (2)(ii) of this subsection if, after a hearing, the court finds by clear and convincing
2184-evidence that:
2185-
2186- 1. There is good cause to extend the probation; and
2187-
2188- 2. Extending the probation is in the best interest of the child.
2189-
2190- (ii) If the probation is extended under this paragraph, the total period
2191-of probation, including extensions under paragraph (2) of this subsection, may not exceed
2192-[3] 4 years.
2193-
2194- (f) Notwithstanding any other provision of this section, if a child is found to have
2195-committed a violation of probation, except for a technical violation, a court may, after a
2196-hearing, place the child on a new term of probation for a period that is consistent with the
2197-period of probation that may be imposed under this section for the delinquent act for which
2198-the child was originally placed on probation.
2199-
2200-3–8A–19.7.
2201-
2202- (a) In this section, “technical violation” has the meaning stated in § 3–8A–19.6 of
2203-this subtitle.
2204-
2205- (b) A child may not be placed in a facility used for detention for a technical
2206-violation.
2207-
2208-3–8A–20.1.
2209-
2210- (a) (1) In this section, “treatment service plan” means a plan recommended at
2211-a disposition hearing under § 3–8A–19 of this subtitle or at a disposition review hearing
2212-under this section by the Department of Juvenile Services to the court proposing specific
2213-assistance, guidance, treatment, or rehabilitation of a child.
2214- Ch. 735 2024 LAWS OF MARYLAND
2215-
2216-– 48 –
2217- (2) In making a treatment service plan, a juvenile counselor shall meet with
2218-the child who is the subject of the treatment service plan and the child’s parent, guardian,
2219-or legal custodian to discuss the treatment service plan.
2220-
2221- (3) If a child’s parent, guardian, or legal custodian is unable or refuses to
2222-meet with the juvenile counselor, the treatment service plan shall indicate that the parent,
2223-guardian, or legal custodian is unable or refuses to meet, and the reason for the inability or
2224-refusal to meet, if known.
2225-
2226- (4) At a minimum, the treatment service plan shall include:
2227-
2228- (i) The recommended level of supervision for the child;
2229-
2230- (ii) Specific goals for the child and family to meet, along with
2231-timelines for meeting those goals;
2232-
2233- (iii) A statement of any condition that the child’s parent, guardian, or
2234-legal custodian must change in order to alleviate any risks to the child;
2235-
2236- (iv) A statement of the services to be provided to the child and child’s
2237-family; and
2238-
2239- (v) Any other information that may be necessary to make a
2240-disposition consistent with the child’s best interests and the protection of the public interest.
2241-
2242- (b) (1) In making a disposition on a petition under § 3–8A–19 of this subtitle, if
2243-the court adopts a treatment service plan, the Department of Juvenile Services shall ensure
2244-that implementation of the treatment service plan occurs within 25 days after the date of
2245-disposition.
2246-
2247- (2) If a treatment service plan requires specified supervision, mentoring,
2248-mediation, monitoring, or placement, implementation of the treatment service plan is
2249-considered to have occurred ONLY when the supervision, mentoring, mediation, monitoring,
2250-or placement occurs.
2251-
2252- (3) The Department of Juvenile Services shall [certify] PROVIDE
2253-CERTIFICATION in writing to the court within 25 days after the date of disposition whether
2254-implementation of the treatment service plan has occurred AND EXPLAIN ATTEMPTS MADE
2255-TO ENSURE IMPLEMENTA TION.
2256-
2257- (4) THE DEPARTMENT OF JUVENILE SERVICES SHALL FORWARD A
2258-COPY OF THE CERTIFIC ATION DESCRIBED IN P ARAGRAPH (3) OF THIS SUBSECTION
2259-TO THE COMMISSION ON JUVENILE JUSTICE REFORM AND EMERGING AND BEST
2260-PRACTICES UNDER § 9–3502 OF THE STATE GOVERNMENT ARTICLE SO THAT THE
2261-COMMISSION MAY EVALUA TE PATTERNS OF FA ILED IMPLEMENTATION . WES MOORE, Governor Ch. 735
2262-
2263-– 49 –
2264-
2265- (c) (1) If a treatment service plan is not implemented by the Department of
2266-Juvenile Services within 25 days under subsection (b)(3) of this section, the court shall
2267-schedule, within 7 days after receipt of the certification, a disposition review hearing to be
2268-held within 30 days after receipt of the certification.
2269-
2270- (2) The court shall give at least 7 days’ notice of the date and time of the
2271-disposition review hearing to each party and to the Department of Juvenile Services.
2272-
2273- (d) (1) The court shall hold a disposition review hearing unless the Department
2274-of Juvenile Services certifies in writing to the court prior to the hearing that implementation
2275-of the treatment service plan has occurred.
2276-
2277- (2) At a disposition review hearing, the court may:
2278-
2279- (i) Revise, in accordance with the provisions of § 3–8A–19 of this
2280-subtitle, the disposition previously made; and
2281-
2282- (ii) Revise the treatment service plan previously adopted.
2283-
2284- (e) This section may not be construed to provide entitlement to services not
2285-otherwise provided by law.
2286-
2287- (f) The Supreme Court of Maryland may adopt rules to implement the provisions
2288-of this section.
2289-
2290-3–8A–25.
2291-
2292- (A) If a child is committed under this subtitle to an individual or to a public or
2293-private agency or institution:
2294-
2295- (1) The juvenile counselor shall visit the child at the child’s placement no
2296-less than once every month, if the placement is in the State;
2297-
2298- (2) The court may order the juvenile counselor to visit the child more
2299-frequently than required by item (1) of this [section] SUBSECTION if the court deems it to
2300-be in the child’s best interests; and
2301-
2302- (3) The court may require the custodian to file periodic written progress
2303-reports, with recommendations for further supervision, treatment, or rehabilitation.
2304-
2305- (B) IF A CHILD IS PLACED ON PROBATION UNDER § 3–8A–19.6 OF THIS
2306-SUBTITLE, THE COURT SHALL BE P ROVIDED WITH A PROGR ESS REPORT IF THE CH ILD
2307-HAS TWO OR MORE UNEX CUSED ABSENCES FROM A TREATMENT PROGRAM THAT THE
2308-CHILD IS ORDERED TO ATTEND AS A CONDITI ON OF PROBATION .
2309- Ch. 735 2024 LAWS OF MARYLAND
2310-
2311-– 50 –
2312-3–8A–27.
2313-
2314- (b) (1) A court record pertaining to a child is confidential and its contents may
2315-not be divulged, by subpoena or otherwise, except by order of the court upon good cause
2316-shown or as provided in §§ 7–303 and 22–309 of the Education Article.
2317-
2318- (10) This subsection does not prohibit access to and confidential use of a court
2319-record by the [State Advisory Board for Juvenile Services] COMMISSION ON JUVENILE
2320-JUSTICE REFORM AND EMERGING AND BEST PRACTICES if the [Board] COMMISSION
2321-is performing the functions described under [§ 9–215(5) of the Human Services] § 9–3502
2322-OF THE STATE GOVERNMENT Article.
2323-
2324-Article – Criminal Procedure
2325-
2326-2–108.
2327-
2328- (a) A law enforcement officer who charges a minor with a criminal offense shall
2329-make a reasonable attempt to provide actual notice to the parent or guardian of the minor
2330-of the charge.
2331-
2332- (b) If a law enforcement officer takes a minor into custody, the law enforcement
2333-officer or the officer’s designee shall make a reasonable attempt to notify the parent or
2334-guardian of the minor in accordance with the requirements of § 3–8A–14 of the Courts
2335-Article.
2336-
2337- (C) IF A LAW ENFORCEMENT OFFICER ALLEGES THE COMMISSION OF AN ACT
2338-BY A CHILD UNDER THE AGE OF 13 YEARS THAT, IF COMMITTED BY AN A DULT, WOULD
2339-CONSTITUTE THEFT OF A MOTOR VEHICLE UNDE R § 7–105 OF THE CRIMINAL LAW
2340-ARTICLE, THE LAW ENFORCEMENT OFFICER SHALL FORWAR D THE COMPLAINT TO
2341-THE DEPARTMENT OF JUVENILE SERVICES TO FILE A PE TITION ALLEGING THAT THE
2342-CHILD IS IN NEED OF SUPERVISION.
2343-
2344-11–722.
2345-
2346- (a) (1) In this section the following words have the meanings indicated.
2347-
2348- (2) “County board” has the meaning stated in § 1–101 of the Education
2349-Article.
2350-
2351- (3) “JUVENILE REGISTRANT ” HAS THE MEANING STAT ED IN §
2352-11–704.1 OF THIS SUBTITLE.
2353-
2354- [(3)] (4) “State Board” has the meaning stated in § 1–101 of the Education
2355-Article.
2356- WES MOORE, Governor Ch. 735
2357-
2358-– 51 –
2359- (b) This section does not apply to a registrant OR A JUVENILE REGIST RANT who
2360-enters real property:
2361-
2362- (1) where the registrant’s OR JUVENILE REGISTRA NT’S child is a student
2363-or receives child care, if:
2364-
2365- (i) within the past year the registrant OR JUVENILE REGISTRA NT
2366-has been given the specific written permission of the Superintendent of Schools, the local
2367-school board, the principal of the school, or the owner or operator of the registered family
2368-child care home, licensed child care home, or licensed child care institution, as applicable;
2369-and
2370-
2371- (ii) the registrant OR JUVENILE REGISTRA NT promptly notifies an
2372-agent or employee of the school, home, or institution of the registrant’s OR JUVENILE
2373-REGISTRANT’S presence and purpose of visit; or
2374-
2375- (2) for the purpose of voting at a school on an election day in the State if the
2376-registrant OR JUVENILE REGISTRA NT is properly registered to vote and the registrant’s OR
2377-JUVENILE REGISTRANT ’S polling place is at the school.
2378-
2379- (c) Except as provided in subsection (e) of this section, a registrant OR JUVENILE
2380-REGISTRANT may not knowingly enter onto real property:
2381-
2382- (1) that is used for public or nonpublic elementary or secondary education;
2383-or
2384-
2385- (2) on which is located:
2386-
2387- (i) a family child care home registered under Title 5, Subtitle 5 of the
2388-Family Law Article;
2389-
2390- (ii) a child care home or a child care institution licensed under Title
2391-5, Subtitle 5 of the Family Law Article; or
2392-
2393- (iii) a home where informal child care, as defined in child care subsidy
2394-regulations adopted under Title 13A of the Code of Maryland Regulations, is being provided
2395-or will be provided to a child who does not reside there.
2396-
2397- (d) A person who enters into a contract with a county board or a nonpublic school
2398-may not knowingly employ an individual to work at a school if the individual is a registrant
2399-OR JUVENILE REGISTRA NT.
2400-
2401- (e) (1) A registrant OR JUVENILE REGISTRA NT who is a student may receive
2402-an education in accordance with State law in any of the following locations:
2403- Ch. 735 2024 LAWS OF MARYLAND
2404-
2405-– 52 –
2406- (i) a location other than a public or nonpublic elementary or
2407-secondary school, including by:
2408-
2409- 1. participating in the Home and Hospital Teaching Program
2410-for Students; or
2411-
2412- 2. participating in or attending a program approved by a
2413-county board under paragraph (2) of this subsection;
2414-
2415- (ii) a Regional Institute for Children and Adolescents; or
2416-
2417- (iii) a nonpublic educational program as provided by § 8–406 of the
2418-Education Article if:
2419-
2420- 1. the registrant OR JUVENILE REGISTRA NT has notified an
2421-agent or employee of the nonpublic educational program that the registrant OR JUVENILE
2422-REGISTRANT is required to register under this subtitle; and
2423-
2424- 2. the registrant OR JUVENILE REGISTRANT has been given
2425-specific written permission by an agent or employee of the nonpublic educational program
2426-to attend the nonpublic educational program.
2427-
2428- (2) Each county board shall develop and adopt a policy that enables a
2429-registrant OR JUVENILE REGISTRANT who is a student to receive an education as described
2430-under paragraph (1) of this subsection.
2431-
2432- (3) The State Board shall develop and adopt guidelines and a model policy
2433-to assist a county board with the development of a policy under paragraph (2) of this
2434-subsection.
2435-
2436- (f) A person who violates subsection (c) or (d) of this section is guilty of a
2437-misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine
2438-not exceeding $5,000 or both.
2439-
2440-11–914.
2441-
2442- Subject to the authority of the Executive Director, the Board shall:
2443-
2444- (9) (i) develop pamphlets to notify victims and victim’s representatives
2445-of the rights, services, and procedures provided under Article 47 of the Maryland Declaration
2446-of Rights or State law, how to request information regarding an unsolved case, HOW TO
2447-FILE A COMPLAINT TO THE DEPARTMENT OF JUVENILE SERVICES ALLEGING THA T A
2448-CHILD IS IN NEED OF SUPERVISION, and how to request that an offender be placed on
2449-electronic monitoring or electronic monitoring with victim stay–away alert technology,
2450-including: WES MOORE, Governor Ch. 735
2451-
2452-– 53 –
2453-
2454- 1. one pamphlet relating to the MDEC system protocol
2455-registration process and the time before and after the filing of a charging document other
2456-than an indictment or information in circuit court; and
2457-
2458- 2. a second pamphlet relating to the time after the filing of an
2459-indictment or information in circuit court; and
2460-
2461- (ii) develop a poster to notify victims of the right to request a private
2462-room in a law enforcement agency or unit to report crimes under Title 3 of the Criminal Law
2463-Article; and
2464-
2465- SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
2466-as follows:
2467-
2468-Article – Human Services
2469-
2470-8–103.
2471-
2472- (A) (1) THERE IS A GOVERNOR’S OFFICE FOR CHILDREN.
2473-
2474- (2) THE OFFICE IS A SEPARATE UNIT WITHIN THE EXECUTIVE
2475-DEPARTMENT .
2476-
2477- (B) THE PURPOSE OF THE OFFICE IS TO PROVIDE A COORDINATED ,
2478-COMPREHENSIVE , INTERAGENCY APPROACH TO PROMOTING THE WEL L–BEING OF
2479-CHILDREN AND FAMILIE S THROUGH A NETWORK OF SUPPORTS , PROGRAMS, AND
2480-SERVICES THAT ARE FA MILY AND CHILD–ORIENTED AND REDUCIN G THE NUMBER OF
2481-CHILDREN LIVING IN P OVERTY.
2482-
2483- (C) THE GOVERNOR MAY PROVIDE FOR THE STRUCTURE , DUTIES, AND
2484-RESPONSIBILITIES OF THE OFFICE BY EXECUTIVE O RDER.
2485-
2486-8–104.
2487-
2488- (A) THERE IS A CHILDREN’S CABINET ADMINISTERED BY THE GOVERNOR’S
2489-OFFICE FOR CHILDREN.
2490-
2491- (B) THE PURPOSE OF THE CHILDREN’S CABINET IS TO PROMOTE THE
2492-VISION OF THE STATE FOR A STABLE , SAFE, AND HEALTHY ENVIRONM ENT FOR
2493-CHILDREN AND FAMILIE S.
2494-
2495- (C) THE HEAD OF THE GOVERNOR’S OFFICE FOR CHILDREN SHALL SERVE
2496-AS THE CHAIR AND BE RESPONSI BLE FOR THE ADMINIST RATION AND OPERATION S
2497-OF THE CHILDREN’S CABINET. Ch. 735 2024 LAWS OF MARYLAND
2498-
2499-– 54 –
2500-
2501- (D) THE GOVERNOR MAY PROVIDE FOR THE STRUCTURE , DUTIES, AND
2502-RESPONSIBILITIES OF THE CHILDREN’S CABINET BY EXECUTIVE ORDER.
2503-
2504-8–601.
2505-
2506- In this subtitle, “at–risk youth prevention and diversion program” means services
2507-provided to school–aged youth and their families to prevent or divert youth from entering
2508-the juvenile justice system and to help make them ready for adulthood by age 21.
2509-
2510-8–605.
2511-
2512- On or before December 31 each year, the Office shall report:
2513-
2514- (1) to the General Assembly, in accordance with § 2–1257 of the State
2515-Government Article, on the implementation and effectiveness of at–risk youth prevention and
2516-diversion programs; AND
2517-
2518- (2) TO THE DEPARTMENT OF JUVENILE SERVICES ON:
2519-
2520- (I) THE NUMBER OF CHILDR EN REFERRED TO AN AT –RISK
2521-YOUTH PREVENTION AND DIVERSION PROGRAM IN THE PREVIOUS YEAR ;
2522-
2523- (II) THE AGE, GENDER, AND RACE OF CHILDREN REFERRED TO
2524-AN AT–RISK YOUTH PREVENTIO N AND DIVERSION PROG RAM IN THE PREVIOUS YEAR;
2525-AND
2526-
2527- (III) THE NUMBER OF CHILDR EN CURRENTLY ENROLLE D IN AN
2528-AT–RISK YOUTH PREVENTIO N AND DIVERSION PROG RAM.
2529-
2530-9–101.
2531-
2532- (a) In this title the following words have the meanings indicated.
2533-
2534- (b) “Department” means the Department of Juvenile Services.
2535-
2536- (c) “Secretary” means the Secretary of Juvenile Services.
2537-
2538- [(d) “State Advisory Board” means the State Advisory Board for Juvenile Services.]
2539-
2540-9–204.
2541-
2542- (f) (1) The Secretary shall develop a State Comprehensive Juvenile Services
2543-3–Year Plan.
2544- WES MOORE, Governor Ch. 735
2545-
2546-– 55 –
2547- (2) The Plan shall:
2548-
2549- (i) include an inventory of all in–day treatment programs and
2550-residential care programs and an accounting of the residence of all clients;
2551-
2552- (ii) include an inventory of nonresidential treatment programs;
2553-
2554- (iii) specify the needs of the various areas of services for clients,
2555-including alcohol and drug abuse rehabilitation services;
2556-
2557- (iv) specify the needs of clients, including predelinquent diversion
2558-services programs;
2559-
2560- (v) establish priorities for the different services needed;
2561-
2562- (vi) set standards for the quality of residential services and outreach
2563-services;
2564-
2565- (vii) include a program dedicated to reducing recidivism rates of
2566-clients;
2567-
2568- (viii) include programs dedicated to diverting children from the
2569-juvenile justice system; [and]
2570-
2571- (IX) INCLUDE PROGRAMS DEV ELOPED FOR YOUTH AT THE
2572-HIGHEST RISK OF BECO MING VICTIMS OR PERP ETRATORS OF GUN VIOL ENCE;
2573-
2574- (X) INCLUDE PROGRAMS DEV ELOPED SPECIFICALLY FOR
2575-INDIVIDUALS AT LEAST 10 YEARS OLD AND UNDER THE AGE OF 15 YEARS WHO ARE
2576-AT THE HIGHEST RISK OF BECOMING VICTIMS OR PERPETRATORS OF G UN VIOLENCE;
2577-
2578- (XI) INCLUDE PROGRAMS DEV ELOPED FOR YOUTH INV OLVED IN
2579-MOTOR VEHICLE THEFT ; AND
2580-
2581- [(ix)] (XII) include any other matters that the Secretary considers
2582-appropriate.
2583-
2584- (3) The Plan shall be revised for each fiscal year and submitted, subject to
2585-§ 2–1257 of the State Government Article, to the General Assembly by February 1 of each
2586-year.
2587-
2588-[9–211.
2589-
2590- There is a State Advisory Board for Juvenile Services in the Department.]
2591- Ch. 735 2024 LAWS OF MARYLAND
2592-
2593-– 56 –
2594-[9–212.
2595-
2596- (a) The State Advisory Board consists of the following members appointed by the
2597-Governor:
2598-
2599- (1) one representative of the Department;
2600-
2601- (2) one representative of the State Department of Education;
2602-
2603- (3) one representative of the Maryland Department of Health;
2604-
2605- (4) one representative of the Department of State Police;
2606-
2607- (5) one representative of the Social Services Administration of the
2608-Department of Human Services;
2609-
2610- (6) one representative of a private child welfare agency;
2611-
2612- (7) one representative of a youth services bureau;
2613-
2614- (8) three representatives of the State judiciary;
2615-
2616- (9) one representative of the General Assembly recommended by the
2617-President of the Senate;
2618-
2619- (10) one representative of the General Assembly recommended by the Speaker
2620-of the House;
2621-
2622- (11) one representative of the Maryland State’s Attorneys’ Association;
2623-
2624- (12) one representative of the Maryland Office of the Public Defender; and
2625-
2626- (13) nine members of the general public.
2627-
2628- (b) Of the nine members from the general public:
2629-
2630- (1) three shall be chosen on the basis of their interest in and experience with
2631-minors and juvenile problems;
2632-
2633- (2) two shall:
2634-
2635- (i) at the time of appointment to a first term, be at least 16 years old
2636-and under the age of 25 years; and
2637-
2638- (ii) include at least one individual who has been under the
2639-jurisdiction of the Department; WES MOORE, Governor Ch. 735
2640-
2641-– 57 –
2642-
2643- (3) one shall be an individual who is a parent or guardian of a youth who
2644-has been under the jurisdiction of the Department;
2645-
2646- (4) one shall be a victim advocate; and
2647-
2648- (5) two shall be employees of the Department with different job titles,
2649-recommended by the President of the American Federation of State, County, and Municipal
2650-Employees, Council 3.
2651-
2652- (c) (1) The term of a member is 3 years.
2653-
2654- (2) The terms of the members are staggered as required by the terms
2655-provided for members of the State Advisory Board on October 1, 2007.
2656-
2657- (3) At the end of a term, a member continues to serve until a successor is
2658-appointed and qualifies.
2659-
2660- (4) A member who is appointed after a term has begun serves only for the
2661-rest of the term and until a successor is appointed and qualifies.
2662-
2663- (5) A member who serves two consecutive full 3–year terms may not be
2664-reappointed for 3 years after completion of those terms.]
2665-
2666-[9–213.
2667-
2668- (a) From among the members of the State Advisory Board, the Governor shall
2669-appoint a chair.
2670-
2671- (b) (1) From among the members of the State Advisory Board, the chair shall
2672-appoint a secretary.
2673-
2674- (2) The secretary shall keep full and accurate minutes of each State
2675-Advisory Board meeting.]
2676-
2677-[9–214.
2678-
2679- (a) The State Advisory Board shall meet regularly at least six times a year on the
2680-call of its chair.
2681-
2682- (b) A member of the State Advisory Board:
2683-
2684- (1) may not receive compensation as a member of the State Advisory Board;
2685-but
2686- Ch. 735 2024 LAWS OF MARYLAND
2687-
2688-– 58 –
2689- (2) is entitled to reimbursement for expenses under the Standard State
2690-Travel Regulations, as provided in the State budget.
2691-
2692- (c) A member of the State Advisory Board may not have a direct or indirect interest
2693-in any contract for building, repairing, equipping, or providing materials or supplies to the
2694-Department or have any other financial interest in a contract with the Department.]
2695-
2696-[9–215.
2697-
2698- In addition to its other duties specified in this title, the State Advisory Board shall:
2699-
2700- (1) consult with and advise the Secretary on:
2701-
2702- (i) each aspect of the juvenile services program in the State;
2703-
2704- (ii) the educational programs and services of the Department;
2705-
2706- (iii) programs designed to divert children from the juvenile justice
2707-system; and
2708-
2709- (iv) the treatment and programming needs of females in the juvenile
2710-justice system;
2711-
2712- (2) recommend to the Secretary policies and programs to improve juvenile
2713-services in the State;
2714-
2715- (3) participate in interpreting for the public the objectives of the
2716-Department;
2717-
2718- (4) participate in planning the development and use of available resources
2719-to meet the needs of the Department; and
2720-
2721- (5) examine and review fatalities involving children under the supervision
2722-of the Department for the purpose of advising the Secretary on policies and programs to
2723-prevent fatalities, including:
2724-
2725- (i) a death caused by a child under the supervision of the
2726-Department, if the child is convicted or adjudicated for the death; and
2727-
2728- (ii) the death of a child under the supervision of the Department.]
2729-
2730-[9–230.
2731-
2732- (a) With the consent of the State Advisory Board, the Secretary may establish an
2733-advisory board for one or more facilities.
2734- WES MOORE, Governor Ch. 735
2735-
2736-– 59 –
2737- (b) Each board shall consist of individuals that the Secretary and the State
2738-Advisory Board consider to be helpful in matters that relate to the effective operation and
2739-improvement of the facility.
2740-
2741- (c) A representative of the Juvenile Justice Monitoring Unit of the Office of the
2742-Attorney General established under Title 6, Subtitle 4 of the State Government Article shall
2743-be available to attend meetings of each advisory board.]
2744-
2745-Article – Public Safety
2746-
2747-3–531.
2748-
2749- (A) THERE IS A GOVERNOR’S OFFICE OF CRIME PREVENTION AND POLICY.
2750-
2751- (B) THE OFFICE IS A SEPARATE UNIT WITHIN THE EXECUTIVE
2752-DEPARTMENT .
2753-
2754- (C) THE GOVERNOR MAY PROVIDE FOR THE STRUCTURE , DUTIES, AND
2755-RESPONSIBILITIES OF THE OFFICE BY EXECUTIVE O RDER.
2756-
2757-Article – State Government
2758-
2759-6–401.
2760-
2761- (a) In this subtitle the following words have the meanings indicated.
2762-
2763- (i) “Unit” means the Juvenile Justice Monitoring Unit of the Office of the Attorney
2764-General.
2765-
2766-6–406.
2767-
2768- (a) The Unit shall report in a timely manner to the Deputy Director, the Secretary,
2769-THE COMMISSION ON JUVENILE JUSTICE REFORM AND EMERGING A ND BEST
2770-PRACTICES, and, in accordance with § 2–1257 of this article, the Speaker of the House of
2771-Delegates and the President of the Senate:
2772-
2773- (1) knowledge of any problem regarding the care, supervision, and
2774-treatment of children in facilities;
2775-
2776- (2) findings, actions, and recommendations, related to the investigations of
2777-disciplinary actions, grievances, incident reports, and alleged cases of child abuse and
2778-neglect; and
2779-
2780- (3) all other findings and actions related to the monitoring required under
2781-this subtitle.
2782- Ch. 735 2024 LAWS OF MARYLAND
2783-
2784-– 60 –
2785- (b) (1) The Unit shall report quarterly to the Executive Director and the
2786-Secretary.
2787-
2788- (2) A copy of the report shall be provided to the [State Advisory Board for
2789-Juvenile Services] COMMISSION ON JUVENILE JUSTICE REFORM AND EMERGING AND
2790-BEST PRACTICES and, in accordance with § 2–1257 of this article, the General Assembly.
2791-
2792- (3) The report shall include:
2793-
2794- (i) all activities of the Unit;
2795-
2796- (ii) actions taken by the Department resulting from the findings and
2797-recommendations of the Unit, including the Department’s response; and
2798-
2799- (iii) a summary of any violations of the standards and regulations of
2800-the Department that remained unabated for 30 days or more during the reporting period.
2801-
2802- (c) Beginning in 2006, on or before November 30 of each year, the Unit shall report
2803-to the Executive Director, the Secretary, the [advisory boards established under § 9–230 of
2804-the Human Services Article] COMMISSION ON JUVENILE JUSTICE REFORM AND
2805-EMERGING AND BEST PRACTICES, the Governor, and, in accordance with § 2–1257 of this
2806-article, the General Assembly, on all the activities of the Office and the actions taken by the
2807-Department in response to findings and recommendations of the Unit.
2808-
2809-9–3501.
2810-
2811- In this subtitle, “Commission” means the Commission on Juvenile Justice Reform and
2812-Emerging and Best Practices.
2813-
2814-9–3502.
2815-
2816- (a) There is a Commission on Juvenile Justice Reform and Emerging and Best
2817-Practices.
2818-
2819- (b) (1) The Commission consists of the following members:
2820-
2821- [(1)] (I) two members of the Senate of Maryland, appointed by the
2822-President of the Senate;
2823-
2824- [(2)] (II) two members of the House of Delegates, appointed by the Speaker
2825-of the House;
2826-
2827- [(3)] (III) the Secretary of Juvenile Services;
2828-
2829- [(4)] (IV) the Secretary of Human Services; and WES MOORE, Governor Ch. 735
2830-
2831-– 61 –
2832-
2833- [(5)] (V) the following members, appointed by the Governor:
2834-
2835- [(i)] 1. one representative of an institute for public policy that
2836-specializes in juvenile justice issues in the State;
2837-
2838- [(ii)] 2. one representative of an institute operated by the University
2839-of Maryland specializing in providing evidence–based and culturally competent services for
2840-juveniles; [and]
2841-
2842- [(iii)] 3. [three representatives] ONE REPRESENTATIVE with
2843-relevant education and experience;
2844-
2845- 4. ONE LOCAL SCHOOL SUP ERINTENDENT ;
2846-
2847- 5. ONE SCHOOL PRINCIPAL ;
2848-
2849- 6. ONE REPRESENTATIVE O F AN ORGANIZATION TH AT
2850-PROVIDES SERVICES TO CHILDREN INVOLVED IN THE JUVENILE JUSTICE SYSTEM;
2851-
2852- 7. ONE REPRESENTATIVE O F THE MARYLAND
2853-DEPARTMENT OF HEALTH;
2854-
2855- 8. ONE REPRESENTATIVE O F A PRIVATE CHILD WE LFARE
2856-AGENCY;
2857-
2858- 9. ONE REPRESENTATIVE O F A YOUTH SERVICES
2859-BUREAU;
2860-
2861- 10. ONE REPRESENTATIVE O F THE STATE JUDICIARY;
2862-
2863- 11. ONE REPRESENTATI VE OF THE MARYLAND STATE’S
2864-ATTORNEYS’ ASSOCIATION;
2865-
2866- 12. ONE REPRESENTATIVE O F THE MARYLAND OFFICE OF
2867-THE PUBLIC DEFENDER;
2868-
2869- 13. ONE REPRESENTATIVE O F THE MARYLAND CHIEFS OF
2870-POLICE ASSOCIATION;
2871-
2872- 14. ONE REPRESENTATIVE O F THE MARYLAND SHERIFFS’
2873-ASSOCIATION;
2874- Ch. 735 2024 LAWS OF MARYLAND
2875-
2876-– 62 –
2877- 15. ONE REPRESENTATIVE O F THE MARYLAND
2878-CONSORTIUM ON COORDINATED COMMUNITY SUPPORTS; AND
2879-
2880- 16. SEVEN MEMBERS OF THE GENERAL PUBLIC .
2881-
2882- (2) OF THE SEVEN MEMBERS OF THE GENERAL PUBLI C:
2883-
2884- (I) ONE SHALL BE CHOSEN ON THE BASIS OF THE MEMBER’S
2885-INTEREST IN AND EXPE RIENCE WITH MINORS A ND JUVENILE PROBLEMS ;
2886-
2887- (II) TWO SHALL:
2888-
2889- 1. AT THE TIME OF THE A PPOINTMENT TO A FIRS T TERM,
2890-BE AT LEAST 16 YEARS OLD AND UNDER THE AGE OF 30 YEARS; AND
2891-
2892- 2. INCLUDE AT LEAST ONE INDIVIDUAL WHO HAS B EEN
2893-UNDER THE JURISDICTI ON OF THE DEPARTMENT OF JUVENILE SERVICES;
2894-
2895- (III) ONE SHALL BE AN INDI VIDUAL WHO IS A PARE NT OR
2896-GUARDIAN OF A YOUTH WHO HAS BEEN UNDER T HE JURISDICTION OF T HE
2897-DEPARTMENT OF JUVENILE SERVICES;
2898-
2899- (IV) ONE SHALL BE A VICTI M ADVOCATE; AND
2900-
2901- (V) TWO SHALL BE EMPLOYE ES OF THE DEPARTMENT OF
2902-JUVENILE SERVICES WITH DIFFERE NT JOB TITLES , RECOMMENDED BY THE
2903-PRESIDENT OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL
2904-EMPLOYEES, COUNCIL 3.
2905-
2906- (C) (1) THE TERM OF AN APPOIN TED MEMBER IS 3 YEARS.
2907-
2908- (2) THE TERMS OF THE APPO INTED MEMBERS ARE ST AGGERED AS
2909-REQUIRED BY THE TERM S PROVIDED FOR MEMBE RS OF THE COMMISSION ON JUNE
2910-1, 2024.
2911-
2912- (3) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL A
2913-SUCCESSOR IS APPOINT ED AND QUALIFIES .
2914-
2915- (4) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES
2916-ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND
2917-QUALIFIES.
2918- WES MOORE, Governor Ch. 735
2919-
2920-– 63 –
2921- (5) AN APPOINTED MEMBER W HO SERVES TWO CONSEC UTIVE FULL
2922-3–YEAR TERMS MAY NOT B E REAPPOINTED FOR 3 YEARS AFTER CO MPLETION OF
2923-THOSE TERMS .
2924-
2925- [(c)] (D) (1) [The Governor shall designate the chair of the Commission]
2926-FROM AMONG THE MEMBER S OF THE COMMISSION, THE GOVERNOR, THE
2927-PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE HOUSE SHALL APPOINT A
2928-CHAIR.
2929-
2930- (2) (I) FROM AMONG THE MEMBERS OF THE COMMISSION, THE
2931-CHAIR SHALL APPOINT A SECRETARY.
2932-
2933- (II) THE SECRETARY SHALL K EEP FULL AND ACCURAT E
2934-MINUTES OF EACH COMMISSION MEETING .
2935-
2936- [(d)] (E) The [Department of Juvenile Services and the Department of Human
2937-Services] GOVERNOR’S OFFICE OF CRIME PREVENTION AND POLICY shall provide
2938-staff for the Commission.
2939-
2940- [(e)] (F) (1) THE COMMISSION SHALL MEET REGULARLY AT LEAST S IX
2941-TIMES A YEAR ON THE CALL OF ITS CHAIR.
2942-
2943- (2) A member of the Commission:
2944-
2945- [(1)] (I) may not receive compensation as a member of the Commission;
2946-but
2947-
2948- [(2)] (II) is entitled to reimbursement for expenses under the Standard
2949-State Travel Regulations, as provided in the State budget.
2950-
2951- [(f)] (G) The Commission shall:
2952-
2953- (1) REVIEW AND REPORT ON :
2954-
2955- (I) ALL JUVENILE SERVICES , FACILITIES, AND PROGRAMS IN
2956-THE STATE;
2957-
2958- (II) THE EDUCATIONAL PROG RAMS AND SERVICES OF THE
2959-DEPARTMENT OF JUVENILE SERVICES;
2960-
2961- (III) PROGRAMS DESIGNED TO DIVERT CHILDREN FROM THE
2962-JUVENILE JUSTICE SYS TEM;
2963- Ch. 735 2024 LAWS OF MARYLAND
2964-
2965-– 64 –
2966- (IV) THE TREATMENT AND PROGRAMMING NEEDS OF FEMALES IN
2967-THE JUVENILE JUSTICE SYSTEM;
2968-
2969- (V) 1. THE USE OF CHILD IN NEED OF SUPERVISION
2970-PETITIONS; AND
2971-
2972- 2. THE NUMBER OF CHILD IN NEED OF SUPERVISI ON
2973-PETITIONS AUTHORIZED OR DENIED BY JURISDI CTION; AND
2974-
2975- (VI) THE WAIT TIMES FOR PLACEMENT OF CHI LDREN IN
2976-FACILITIES;
2977-
2978- [(1)] (2) research culturally competent, evidence–based, research–based,
2979-and promising PROGRAMS AND practices relating to:
2980-
2981- (i) child welfare;
2982-
2983- (ii) juvenile rehabilitation;
2984-
2985- (iii) mental health services for children; and
2986-
2987- (iv) prevention and intervention services for juveniles;
2988-
2989- [(2)] (3) evaluate the cost–effectiveness of EXISTING AND PROMISI NG
2990-PROGRAMS AND practices researched by the Commission;
2991-
2992- [(3)] (4) identify means of evaluating the effectiveness of PROGRAMS AND
2993-practices researched by the Commission; [and]
2994-
2995- [(4)] (5) giving special attention to organizations located in or serving
2996-historically underserved communities, identify strategies to enable community–based
2997-organizations that provide services for juveniles to evaluate and validate services and
2998-programming provided by those organizations;
2999-
3000- (6) REVIEW DATA RELATING TO ARRESTS , COMPLETION OF
3001-PROGRAMMING , AND RECIDIVISM FROM THE MARYLAND LONGITUDINAL DATA
3002-SYSTEM CENTER;
3003-
3004- (7) IDENTIFY OPPORTUNITIES FOR GREATER COORDINA TION
3005-BETWEEN THE DEPARTMENT OF JUVENILE SERVICES, THE OFFICE OF THE STATE’S
3006-ATTORNEY, LAW ENFORCEMENT , AND LOCAL ORGANIZATI ONS THAT PROVIDE
3007-SERVICES TO JUVENILE S;
3008- WES MOORE, Governor Ch. 735
3009-
3010-– 65 –
3011- (8) RECOMMEND POLICIES A ND PROGRAMS TO IMPRO VE JUVENILE
3012-SERVICES IN THE STATE;
3013-
3014- (9) PARTICIPATE IN INTER PRETING FOR THE PUBL IC THE
3015-OBJECTIVES OF THE JU VENILE SERVICES IN T HE STATE;
3016-
3017- (10) PARTICIPATE IN PLANN ING THE DEVELOPMENT AND USE OF
3018-AVAILABLE RESOURCES TO MEET THE NEEDS OF JUVENILES;
3019-
3020- (11) COORDINATE WITH THE MARYLAND DEPARTMENT OF LABOR TO
3021-IDENTIFY POTENTIAL J OB AND APPRENTICESHI P OPPORTUNITIES FOR JUVENILES
3022-UNDER THE SUPERVISIO N OF THE DEPARTMENT OF JUVENILE SERVICES; AND
3023-
3024- (12) EXAMINE AND REVIEW F ATALITIES INVOLVING CHILDREN UNDER
3025-THE SUPERVISION OF THE DEPARTMENT OF JUVENILE SERVICES FOR THE PURP OSE
3026-OF PROVIDING RECOMME NDATIONS ON POLICIES AND PROGRAMS TO PREV ENT
3027-FATALITIES, INCLUDING:
3028-
3029- (I) A DEATH CAUSED BY A CHILD UNDER THE SUPE RVISION OF
3030-THE DEPARTMENT OF JUVENILE SERVICES, IF THE CHILD IS CONVICTED O R
3031-ADJUDICATED DELINQUE NT FOR THE DEATH ; AND
3032-
3033- (II) THE DEATH OF A CHILD UNDER THE SUPERVISIO N OF THE
3034-DEPARTMENT OF JUVENILE SERVICES.
3035-
3036- [(g)] (H) On or before [December 31, 2023] OCTOBER 1, 2025, and on or before
3037-[December 31] OCTOBER 1 each year thereafter, the Commission shall report its findings
3038-to the Governor and, in accordance with § 2–1257 of this article, the General Assembly.
3039-
3040-Article – State Government
3041-
3042-6–401.
3043-
3044- (a) In this subtitle the following words have the meanings indicated.
3045-
3046- (i) “Unit” means the Juvenile Justice Monitoring Unit of the Office of the
3047-Attorney General.
3048-
3049-6–406.
3050-
3051- (a) The Unit shall report in a timely manner to the Deputy Director, the
3052-Secretary, THE COMMISSION ON JUVENILE JUSTICE REFORM AND EMERGING AND
3053-BEST PRACTICES, and, in accordance with § 2–1257 of this article, the Speaker of the
3054-House of Delegates and the President of the Senate:
3055- Ch. 735 2024 LAWS OF MARYLAND
3056-
3057-– 66 –
3058- (1) knowledge of any problem regarding the care, supervision, and
3059-treatment of children in facilities;
3060-
3061- (2) findings, actions, and recommendations, related to the investigations of
3062-disciplinary actions, grievances, incident reports, and alleged cases of child abuse and
3063-neglect; and
3064-
3065- (3) all other findings and actions related to the monitoring required under
3066-this subtitle.
3067-
3068- (b) (1) The Unit shall report [quarterly] EVERY 6 MONTHS to the Executive
3069-Director and the Secretary.
3070-
3071- (2) A copy of the report shall be provided to the [State Advisory Board for
3072-Juvenile Services] COMMISSION ON JUVENILE JUSTICE REFORM AND EMERGING
3073-AND BEST PRACTICES and, in accordance with § 2–1257 of this article, the General
3074-Assembly.
3075-
3076- (3) The report shall include:
3077-
3078- (i) all activities of the Unit;
3079-
3080- (ii) actions taken by the Department resulting from the findings and
3081-recommendations of the Unit, including the Department’s response; [and]
3082-
3083- (iii) a summary of any violations of the standards and regulations of
3084-the Department that remained unabated for 30 days or more during the reporting period;
3085-AND
3086-
3087- (IV) 1. A SUMMARY OF SERVICE S THAT ARE PROVIDED TO
3088-CHILDREN UNDER THE S UPERVISION OF THE DEPARTMENT ; AND
3089-
3090- 2. A LIST OF ANY NECESS ARY SERVICES THAT AR E NOT
3091-BEING PROVIDED TO CH ILDREN UNDER THE SUP ERVISION OF THE DEPARTMENT .
3092-
3093- (c) Beginning in 2006, on or before November 30 of each year, the Unit shall
3094-report to the Executive Director, the Secretary, [the advisory boards established under §
3095-9–230 of the Human Services Article] THE COMMISSION ON JUVENILE JUSTICE
3096-REFORM AND EMERGING AND BEST PRACTICES, the Governor, and, in accordance with
3097-§ 2–1257 of this article, the General Assembly, on all the activities of the Office and the
3098-actions taken by the Department in response to findings and recommendations of the Unit.
3099-
3100-9–3501.
3101- WES MOORE, Governor Ch. 735
3102-
3103-– 67 –
3104- In this subtitle, “Commission” means the Commission on Juvenile Justice Reform
3105-and Emerging and Best Practices.
3106-
3107-9–3502.
3108-
3109- (a) There is a Commission on Juvenile Justice Reform and Emerging and Best
3110-Practices.
3111-
3112- (b) (1) The Commission consists of the following members:
3113-
3114- [(1)] (I) two members of the Senate of Maryland, appointed by the
3115-President of the Senate;
3116-
3117- [(2)] (II) two members of the House of Delegates, appointed by the
3118-Speaker of the House;
3119-
3120- [(3)] (III) the Secretary of Juvenile Services;
3121-
3122- [(4)] (IV) the Secretary of Human Services; and
3123-
3124- [(5)] (V) the following members, appointed by the Governor:
3125-
3126- [(i)] 1. one representative of an institute for public policy that
3127-specializes in juvenile justice issues in the State;
3128-
3129- [(ii)] 2. one representative of an institute operated by the
3130-University of Maryland specializing in providing evidence–based and culturally competent
3131-services for juveniles; [and]
3132-
3133- [(iii)] 3. [three representatives] ONE REPRESENTATIVE with
3134-relevant education and experience;
3135-
3136- 4. ONE REPRESENTATIVE O F THE STATE DEPARTMENT
3137-OF EDUCATION;
3138-
3139- 5. ONE REPRESENTATIVE O F THE MARYLAND
3140-DEPARTMENT OF HEALTH;
3141-
3142- 6. ONE REPRESENTATIVE O F THE DEPARTMENT OF
3143-STATE POLICE;
3144-
3145- 7. ONE REPRESENTATIVE O F A PRIVATE CHILD
3146-WELFARE AGENCY ;
3147- Ch. 735 2024 LAWS OF MARYLAND
3148-
3149-– 68 –
3150- 8. ONE REPRESENTATIVE O F A YOUTH SERVICES
3151-BUREAU;
3152-
3153- 9. ONE REPRESENTATIVE O F THE STATE JUDICIARY ;
3154-
3155- 10. ONE REPRESENTATIVE O F THE MARYLAND STATE’S
3156-ATTORNEYS’ ASSOCIATION;
3157-
3158- 11. ONE REPRESENTATIVE O F THE MARYLAND OFFICE
3159-OF THE PUBLIC DEFENDER;
3160-
3161- 12. ONE REPRESENTATIVE O F EITHER THE MARYLAND
3162-CHIEFS OF POLICE ASSOCIATION OR THE MARYLAND SHERIFFS’ ASSOCIATION;
3163-AND
3164-
3165- 13. FIVE MEMBERS OF THE GENERAL PUBLIC .
3166-
3167- (2) OF THE FIVE MEMBERS F ROM THE GENERAL PUBL IC:
3168-
3169- (I) ONE SHALL BE CHOSEN ON THE BAS IS OF THE MEMBER ’S
3170-INTEREST IN AND EXPE RIENCE WITH MINORS A ND JUVENILE PROBLEMS ;
3171-
3172- (II) TWO SHALL:
3173-
3174- 1. AT THE TIME OF APPOI NTMENT TO A FIRST TE RM, BE
3175-AT LEAST 16 YEARS OLD AND UNDER THE AGE OF 30 YEARS; AND
3176-
3177- 2. INCLUDE AT LEAST ONE INDIVIDUAL WHO HAS BEEN
3178-UNDER THE JURISDICTI ON OF THE DEPARTMENT ;
3179-
3180- (III) ONE SHALL BE AN INDI VIDUAL WHO IS A PARE NT OR
3181-GUARDIAN OF A YOUTH WHO HAS BEEN UNDER T HE JURISDICTION OF T HE
3182-DEPARTMENT ; AND
3183-
3184- (IV) ONE SHALL BE A VICTI M ADVOCATE.
3185-
3186- (C) (1) THE TERM OF A MEMBER IS 3 YEARS.
3187-
3188- (2) THE TERMS OF THE MEMB ERS ARE STAGGERED AS REQUIRED BY
3189-THE TERMS PROVIDED F OR MEMBERS OF THE COMMISSION ON OCTOBER 1, 2024.
3190-
3191- (3) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL
3192-A SUCCESSOR IS APPOI NTED AND QUALIFIES .
3193- WES MOORE, Governor Ch. 735
3194-
3195-– 69 –
3196- (4) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES
3197-ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND
3198-QUALIFIES.
3199-
3200- (5) A MEMBER WHO SERVES TW O CONSECUTIVE FULL 3–YEAR TERMS
3201-MAY NOT BE REAPPOINT ED FOR 3 YEARS AFTER COMPLETION OF THOSE TERMS .
3202-
3203- [(c)] (D) (1) [The Governor shall designate the chair of the Commission.]
3204-FROM AMONG THE MEMBER S OF THE COMMISSION, THE GOVERNOR SHALL
3205-APPOINT A CHAIR .
3206-
3207- (2) (I) FROM AMONG THE MEMBER S OF THE COMMISSION, THE
3208-CHAIR SHALL APPOINT A SECRETARY .
3209-
3210- (II) THE SECRETARY SHALL K EEP FULL AND ACCURAT E
3211-MINUTES OF EACH COMMISSION MEETING .
3212-
3213- [(d)] (E) The [Department of Juvenile Services and the Department of Human
3214-Services] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM
3215-SERVICES shall provide staff for the Commission.
3216-
3217- [(e)] (F) (1) THE COMMISSION SHALL MEET REGULARLY AT LEAST S IX
3218-TIMES A YEAR ON THE CALL OF ITS CHAIR.
3219-
3220- (2) A member of the Commission:
3221-
3222- [(1)] (I) may not receive compensation as a member of the Commission;
3223-but
3224-
3225- [(2)] (II) is entitled to reimbursement for expenses under the Standard
3226-State Travel Regulations, as provided in the State budget.
3227-
3228- [(f)] (G) The Commission shall:
3229-
3230- (1) REVIEW:
3231-
3232- (I) EACH ASPECT OF THE J UVENILE SERVICES PRO GRAM IN
3233-THE STATE;
3234-
3235- (II) THE EDUCATIONAL PROG RAMS AND SERVICES OF THE
3236-DEPARTMENT ;
3237-
3238- (III) PROGRAMS DESIGNED TO DIVERT CHILDREN FROM THE
3239-JUVENILE JUSTICE SYS TEM; AND Ch. 735 2024 LAWS OF MARYLAND
3240-
3241-– 70 –
3242-
3243- (IV) THE TREATMENT AND PR OGRAMMING NEEDS OF F EMALES
3244-IN THE JUVENILE JUST ICE SYSTEM;
3245-
3246- [(1)] (2) research culturally competent, evidence–based, research–based,
3247-and promising PROGRAMS AND practices relating to:
3248-
3249- (i) child welfare;
3250-
3251- (ii) juvenile rehabilitation;
3252-
3253- (iii) mental health services for children; and
3254-
3255- (iv) prevention and intervention services for juveniles;
3256-
3257- [(2)] (3) evaluate the cost–effectiveness of EXISTING AND PROMISI NG
3258-PROGRAMS AND practices researched by the Commission;
3259-
3260- [(3)] (4) identify means of evaluating the effectiveness of PROGRAMS
3261-AND practices researched by the Commission; [and]
3262-
3263- [(4)] (5) giving special attention to organizations located in or serving
3264-historically underserved communities, identify strategies to enable community–based
3265-organizations that provide services for juveniles to evaluate and validate services and
3266-programming provided by those organizations;
3267-
3268- (6) REVIEW DATA RELATING TO ARRESTS , COMPLETION OF
3269-PROGRAMMING , AND RECIDIVISM FROM THE MARYLAND LONGITUDINAL DATA
3270-SYSTEM CENTER;
3271-
3272- (7) IDENTIFY OPPORTUNITI ES FOR GREA TER COORDINATION
3273-BETWEEN THE DEPARTMENT OF JUVENILE SERVICES, THE OFFICE OF THE STATE’S
3274-ATTORNEY, LAW ENFORCEMENT , AND LOCAL ORGANIZATI ONS THAT PROVIDE
3275-SERVICES TO JUVENILE S;
3276-
3277- (8) RECOMMEND POLICIES A ND PROGRAMS TO IMPRO VE JUVENILE
3278-SERVICES IN THE STATE;
3279-
3280- (9) PARTICIPATE IN INTER PRETING FOR THE PUBL IC THE
3281-OBJECTIVES OF THE JU VENILE SERVICES IN T HE STATE;
3282-
3283- (10) PARTICIPATE IN PLANN ING THE DEVELOPMENT AND USE OF
3284-AVAILABLE RESOURCES TO MEET THE NEEDS OF JUVENILES; AND
3285- WES MOORE, Governor Ch. 735
3286-
3287-– 71 –
3288- (11) EXAMINE AND REVIEW F ATALITIES INVOLVING CHILDRE N UNDER
3289-THE SUPERVISION OF T HE DEPARTMENT OF JUVENILE SERVICES FOR THE
3290-PURPOSE OF PROVIDING RECOMMENDATIONS ON P OLICIES AND PROGRAMS TO
3291-PREVENT FATALITIES , INCLUDING:
3292-
3293- (I) A DEATH CAUSED BY A CHILD UNDER THE SUPE RVISION OF
3294-THE DEPARTMENT OF JUVENILE SERVICES, IF THE CHILD IS CONV ICTED OR
3295-ADJUDICATED FOR THE DEATH; AND
3296-
3297- (II) THE DEATH OF A CHILD UNDER THE SUPERVISIO N OF THE
3298-DEPARTMENT OF JUVENILE SERVICES.
3299-
3300- [(g)] (H) On or before December 31, 2023, and on or before December 31 each
3301-year thereafter, the Commission shall report its findings to the Governor and, in accordance
3302-with § 2–1257 of this article, the General Assembly.
3303-
3304-Chapter 42 of the Acts of 2022
3305-
3306- SECTION 2. AND BE IT FURTHER ENACTED, That, on or before April 15, [2023]
3307-2025, the Department of Juvenile Services shall report to the General Assembly, in
3308-accordance with § 2–1257 of the State Government Article, on:
3309-
3310- (1) plans to publish an annual report by the Department of Juvenile
3311-Services, in consultation with the Maryland Department of Health, on the length of stay
3312-for juveniles in secure facilities while undergoing competency evaluations and receiving
3313-services;
3314-
3315- (2) plans for the inclusion of information and data relating to use of a risk
3316-assessment tool in the Department of Juvenile Services’ Data Resource Guide;
3317-
3318- (3) the use of community detention for juveniles in the care and custody of
3319-the Department of Juvenile Services;
3320-
3321- (4) the Department of Juvenile Services’ development of forms for
3322-community detention that do not include information relating to house arrests;
3323-
3324- (5) the effect of a requirement that the Department of Juvenile Services
3325-provide a robust continuum of community–based alternatives to detention in all
3326-jurisdictions of the State and recommendations for establishing the requirement;
3327-
3328- (6) access to mental health services for all juveniles served by the
3329-Department of Juvenile Services;
3330-
3331- (7) the feasibility of and any plans for providing quality, evidence–based
3332-programming for juveniles detained in secure juvenile facilities, including educational Ch. 735 2024 LAWS OF MARYLAND
3333-
3334-– 72 –
3335-programming, structured weekend activities, and activities involving family members of
3336-detained juveniles;
3337-
3338- (8) the use of community detention, including electronic monitoring, for
3339-juveniles placed on probation;
3340-
3341- (9) plans to increase the number of shelter beds available in juvenile
3342-facilities, particularly beds for girls;
3343-
3344- (10) plans to track and report data on the number of days juveniles ordered
3345-to shelter care placements remain in secure juvenile facilities;
3346-
3347- (11) minimum training standards for staff at juvenile facilities;
3348-
3349- (12) surveillance systems at juvenile facilities, including whether all
3350-juvenile facilities are equipped with functioning surveillance cameras capable of monitoring
3351-all areas of juvenile facilities;
3352-
3353- (13) minimum standards for facilitating family engagement for juveniles at
3354-juvenile facilities, including standards for facilitating daily contact between juveniles and
3355-their family members;
3356-
3357- (14) standards for attorneys to access their clients within all juvenile
3358-facilities in the State;
3359-
3360- (15) plans to adopt cognitive behavioral therapy training and restorative
3361-justice training for staff at all juvenile facilities in the State; [and]
3362-
3363- (16) plans to transition from the current slate of secure juvenile facilities to
3364-ensure access to both nonresidential and residential facilities that use culturally
3365-competent, evidence–based programming in all jurisdictions of the State; AND
3366-
3367- (17) THE NUMBER OF CASES RESOLVED AT INTAKE A ND THE NUMBER
3368-OF CASES REFERRED FO R INFORMAL ADJUSTMEN T WITHIN THE PAST FI SCAL YEAR.
3369-
3370- SECTION 2. 3. AND BE IT FURTHER ENACTED, That, on or before December 31,
3371-2024, and on or before December 31 each year thereafter, the Governor’s Office of Crime
3372-Prevention, Youth, and Victim Services and Policy shall report to the General Assembly,
3373-in accordance with § 2–1257 of the State Government Article, on the number of children
3374-arrested and the number of times the arrest resulted in a complaint with the Department
3375-of Juvenile Services in each calendar year.
3376-
3377- SECTION 4. AND BE IT FURTHER ENACTED, That the terms of the appointed
3378-members of the Commission on Juvenile Justice Reform and Emerging and Best Practices
3379-who are members of the Commission on the effective date of Section 1 2 of this Act or
3380-initially appointed after the effective date shall expire as follows: WES MOORE, Governor Ch. 735
3381-
3382-– 73 –
3383-
3384- (1) seven members in 2025;
3385-
3386- (2) seven members in 2026; and
3387-
3388- (3) seven members in 2027.
3389-
3390- SECTION 5. AND BE IT FURTHER ENACTED, That Section 2 1 of this Act shall
3391-take effect October 1, 2024 January 1, 2025 November 1, 2024.
3392-
3393- SECTION 3. 6. AND BE IT FURTHER ENACTED, That , except as provided in
3394-Section 5 of this Act, this Act shall take effect October July June 1, 2024.
3395-
3396-Approved by the Governor, May 16, 2024.
1+
2+
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+ *hb0814*
10+
11+HOUSE BILL 814
12+E3 (4lr1575)
13+ENROLLED BILL
14+— Judiciary/Judicial Proceedings —
15+Introduced by The Speaker and Delegate Clippinger
16+
17+Read and Examined by Proofreaders:
18+
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
23+
24+Sealed with the Great Seal and presented to the Governor, for his approval this
25+
26+_______ day of _______________ at _______________ _________ o’clock, ________M.
27+
28+______________________________________________
29+Speaker.
30+
31+CHAPTER ______
32+
33+AN ACT concerning 1
34+
35+Juvenile Law – Reform 2
36+
37+FOR the purpose of altering certain provisions relating to the Commission on Juvenile 3
38+Justice Reform and Emerging and Best Practices; altering the jurisdiction of the 4
39+juvenile court over a child of a certain age alleged to have committed a certain 5
40+offense; altering certain procedures relating to juvenile intake, juvenile detention, 6
41+and juvenile probation; altering certain provisions relating to the taking of a child 7
42+into custody by a law enforcement officer; expanding certain provisions of law 8
43+relating to the entry onto certain school or other property by, and the education of, 9
44+certain sex offender registrants to include juvenile sex offender registrants; 10
45+establishing the Governor’s Office for Children, the Children’s Cabinet, and the 11
46+Governor’s Office of Crime Prevention and Policy; altering certain provisions relating 12
47+to the State Comprehensive Juvenile Services 3–Year Plan; repealing certain 13
48+provisions relating to the State Advisory Board for Juvenile Services; altering certain 14
49+provisions relating to the Juvenile Justice Monitoring Unit; altering certain 15 2 HOUSE BILL 814
50+
51+
52+provisions relating to the Commission on Juvenile Justice Reform and Emerging and 1
53+Best Practices; altering certain provisions relating to the Commission on Juvenile 2
54+Justice Reform and Emerging and Best Practices; altering a certain reporting 3
55+requirement of the Department of Juvenile Services; requiring the Governor’s Office 4
56+of Crime Prevention, Youth, and Victim Services to make a certain report; and 5
57+generally relating to juvenile law. 6
58+
59+BY repealing and reenacting, without amendments, 7
60+ Article – State Government 8
61+ Section 6–401(a) and (i) and 9–3501 9
62+ Annotated Code of Maryland 10
63+ (2021 Replacement Volume and 2023 Supplement) 11
64+
65+BY repealing and reenacting, with amendments, 12
66+ Article – State Government 13
67+ Section 6–406 and 9–3502 14
68+ Annotated Code of Maryland 15
69+ (2021 Replacement Volume and 2023 Supplement) 16
70+
71+BY repealing and reenacting, with amendments, 17
72+ Article – Courts and Judicial Proceedings 18
73+Section 3–8A–03, 3–8A–10(c) and (g), 3–8A–14, 3–8A–15(b)(3), (e), and (k), 19
74+3–8A–19.6, 3–8A–20.1, and 3–8A–27(b)(10) 20
75+ Annotated Code of Maryland 21
76+ (2020 Replacement Volume and 2023 Supplement) 22
77+
78+BY repealing and reenacting, without amendments, 23
79+ Article – Courts and Judicial Proceedings 24
80+Section 3–8A–19.7 and 3–8A–27(b)(1) 25
81+ Annotated Code of Maryland 26
82+ (2020 Replacement Volume and 2023 Supplement) 27
83+
84+BY repealing and reenacting, with amendments, 28
85+ Article – Criminal Procedure 29
86+Section 2–108 11–722 30
87+ Annotated Code of Maryland 31
88+ (2018 Replacement Volume and 2023 Supplement) 32
89+
90+BY adding to 33
91+ Article – Human Services 34
92+ Section 8–103 and 8–104 35
93+ Annotated Code of Maryland 36
94+ (2019 Replacement Volume and 2023 Supplement) 37
95+
96+BY repealing and reenacting, with amendments, 38
97+ Article – Human Services 39
98+Section 9–101 and 9–204(f) 40 HOUSE BILL 814 3
99+
100+
101+ Annotated Code of Maryland 1
102+ (2019 Replacement Volume and 2023 Supplement) 2
103+
104+BY repealing 3
105+ Article – Human Services 4
106+Section 9–211 through 9–215 and 9–230 5
107+ Annotated Code of Maryland 6
108+ (2019 Replacement Volume and 2023 Supplement) 7
109+
110+BY adding to 8
111+ Article – Public Safety 9
112+ Section 3–531 10
113+ Annotated Code of Maryland 11
114+ (2022 Replacement Volume and 2023 Supplement) 12
115+
116+BY repealing and reenacting, without amendments, 13
117+ Article – Courts and Judicial Proceedings 14
118+ Section 3–8A–01(a) and (h), 3–8A–15(e)(3)(ii), 3–8A–19.7, and 3–8A–27(b)(1) 15
119+ Annotated Code of Maryland 16
120+ (2020 Replacement Volume and 2023 Supplement) 17
121+
122+BY repealing and reenacting, with amendments, 18
123+ Article – Courts and Judicial Proceedings 19
124+Section 3–8A–03, 3–8A–10(c), (f), and (g), 3–8A–14, 3–8A–15(b)(3) and (k), 20
125+3–8A–19(d), 3–8A–19.6, 3–8A–20.1, 3–8A–25, and 3–8A–27(b)(10) 21
126+ Annotated Code of Maryland 22
127+ (2020 Replacement Volume and 2023 Supplement) 23
128+
129+BY repealing and reenacting, with amendments, 24
130+ Article – Criminal Procedure 25
131+ Section 2–108, 11–722, and 11–914(9) 26
132+ Annotated Code of Maryland 27
133+ (2018 Replacement Volume and 2023 Supplement) 28
134+
135+BY adding to 29
136+ Article – Human Services 30
137+ Section 8–103 and 8–104 31
138+ Annotated Code of Maryland 32
139+ (2019 Replacement Volume and 2023 Supplement) 33
140+
141+BY repealing and reenacting, without amendments, 34
142+ Article – Human Services 35
143+ Section 8–601 36
144+ Annotated Code of Maryland 37
145+ (2019 Replacement Volume and 2023 Supplement) 38
146+
147+BY repealing and reenacting, with amendments, 39 4 HOUSE BILL 814
148+
149+
150+ Article – Human Services 1
151+ Section 8–605, 9–101, and 9–204(f) 2
152+ Annotated Code of Maryland 3
153+ (2019 Replacement Volume and 2023 Supplement) 4
154+
155+BY repealing 5
156+ Article – Human Services 6
157+ Section 9–211 through 9–215 and 9–230 7
158+ Annotated Code of Maryland 8
159+ (2019 Replacement Volume and 2023 Supplement) 9
160+
161+BY adding to 10
162+ Article – Public Safety 11
163+ Section 3–531 12
164+ Annotated Code of Maryland 13
165+ (2022 Replacement Volume and 2023 Supplement) 14
166+
167+BY repealing and reenacting, without amendments, 15
168+ Article – State Government 16
169+ Section 6–401(a) and (i) and 9–3501 17
170+ Annotated Code of Maryland 18
171+ (2021 Replacement Volume and 2023 Supplement) 19
172+
173+BY repealing and reenacting, with amendments, 20
174+ Article – State Government 21
175+ Section 6–406 and 9–3502 22
176+ Annotated Code of Maryland 23
177+ (2021 Replacement Volume and 2023 Supplement) 24
178+
179+BY repealing and reenacting, without amendments, 25
180+ Article – State Government 26
181+Section 6–401(a) and (i) and 9–3501 27
182+ Annotated Code of Maryland 28
183+ (2021 Replacement Volume and 2023 Supplement) 29
184+
185+BY repealing and reenacting, with amendments, 30
186+ Article – State Government 31
187+Section 6–406 and 9–3502 32
188+ Annotated Code of Maryland 33
189+ (2021 Replacement Volume and 2023 Supplement) 34
190+
191+BY repealing and reenacting, with amendments, 35
192+ Chapter 42 of the Acts of the General Assembly of 2022 36
193+Section 2 37
194+
195+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 38
196+That the Laws of Maryland read as follows: 39 HOUSE BILL 814 5
197+
198+
199+
200+Article – State Government 1
201+
202+6–401. 2
203+
204+ (a) In this subtitle the following words have the meanings indicated. 3
205+
206+ (i) “Unit” means the Juvenile Justice Monitoring Unit of the Office of the 4
207+Attorney General. 5
208+
209+6–406. 6
210+
211+ (a) The Unit shall report in a timely manner to the Deputy Director, the 7
212+Secretary, THE COMMISSION ON JUVENILE JUSTICE REFORM AND EMERGING AND 8
213+BEST PRACTICES, and, in accordance with § 2–1257 of this article, the Speaker of the 9
214+House of Delegates and the President of the Senate: 10
215+
216+ (1) knowledge of any problem regarding the care, supervis ion, and 11
217+treatment of children in facilities; 12
218+
219+ (2) findings, actions, and recommendations, related to the investigations of 13
220+disciplinary actions, grievances, incident reports, and alleged cases of child abuse and 14
221+neglect; and 15
222+
223+ (3) all other findings and actions related to the monitoring required under 16
224+this subtitle. 17
225+
226+ (b) (1) The Unit shall report [quarterly] EVERY 6 MONTHS to the Executive 18
227+Director and the Secretary. 19
228+
229+ (2) A copy of the report shall be provided to the [State Advisory Board for 20
230+Juvenile Services] COMMISSION ON JUVENILE JUSTICE REFORM AND EMERGING 21
231+AND BEST PRACTICES and, in accordance with § 2–1257 of this article, the General 22
232+Assembly. 23
233+
234+ (3) The report shall include: 24
235+
236+ (i) all activities of the Unit; 25
237+
238+ (ii) actions taken by the Department resulting from the findings and 26
239+recommendations of the Unit, including the Department’s response; [and] 27
240+
241+ (iii) a summary of any violations of the standards and regulations of 28
242+the Department that remained unabated for 30 days or more during the reporting period; 29
243+AND 30
244+ 6 HOUSE BILL 814
245+
246+
247+ (IV) 1. A SUMMARY OF SERVICE S THAT ARE PROVIDED TO 1
248+CHILDREN UNDER THE S UPERVISION OF THE DEPARTMENT ; 2
249+
250+ 2. A LIST OF ANY NECESS ARY SERVICES THAT AR E NOT 3
251+BEING PROVIDED TO CH ILDREN UNDER THE SUP ERVISION OF THE DEPARTMENT ; 4
252+AND 5
253+
254+ 3. A LIST OF ANY NECESS ARY PROTECTIONS AND 6
255+SERVICES SPECIFICALL Y FOR CHILDREN WHO A RE AT LEAST 10 YEARS OLD BUT 7
256+UNDER THE AGE OF 13 YEARS. 8
257+
258+ (c) Beginning in 2006, on or before November 30 of each year, the Unit shall 9
259+report to the Executive Director, the Secretary, [the advisory boards established under § 10
260+9–230 of the Human Services Article] THE COMMISSION ON JUVENILE JUSTICE 11
261+REFORM AND EMERGING AND BEST PRACTICES, the Governor, and, in accordance with 12
262+§ 2–1257 of this article, the General Assembly, on all the activities of the Office and the 13
263+actions taken by the Department in response to findings and recommendations of the Unit. 14
264+
265+9–3501. 15
266+
267+ In this subtitle, “Commission” means the Commission on Juvenile Justice Reform 16
268+and Emerging and Best Practices. 17
269+
270+9–3502. 18
271+
272+ (a) There is a Commission on Juvenile Justice Reform and Emerging and Best 19
273+Practices. 20
274+
275+ (b) (1) The Commission consists of the following members: 21
276+
277+ [(1)] (I) two members of the Senate of Maryland, appointed by the 22
278+President of the Senate; 23
279+
280+ [(2)] (II) two members of the House of Delegates, appointed by the 24
281+Speaker of the House; 25
282+
283+ [(3)] (III) the Secretary of Juvenile Services; 26
284+
285+ [(4)] (IV) the Secretary of Human Services; and 27
286+
287+ [(5)] (V) the following members, appointed by the Governor: 28
288+
289+ [(i)] 1. one representative of an institute for public policy that 29
290+specializes in juvenile justice issues in the State; 30
291+ HOUSE BILL 814 7
292+
293+
294+ [(ii)] 2. one representative of an institute operated by the 1
295+University of Maryland specializing in providing evidence–based and culturally competent 2
296+services for juveniles; [and] 3
297+
298+ [(iii)] 3. [three representatives] ONE REPRESENTATIVE with 4
299+relevant education and experience; 5
300+
301+ 4. ONE LOCAL SCHOOL SUP ERINTENDENT ; 6
302+
303+ 5. ONE SCHOOL PRINCIPAL ; 7
304+
305+ 6. ONE REPRESENTATIVE O F AN ORGANIZATION TH AT 8
306+PROVIDES SERVICES TO CHILDREN INVOLVED IN THE JUVENILE JUSTICE SYSTEM; 9
307+
308+ 7. ONE REPRESENTATIVE OF TH E MARYLAND 10
309+DEPARTMENT OF HEALTH; 11
310+
311+ 8. ONE REPRESENTATIVE O F A PRIVATE CHILD 12
312+WELFARE AGENCY ; 13
313+
314+ 9. ONE REPRESENTATIVE O F A YOUTH SERVICES 14
315+BUREAU; 15
316+
317+ 10. ONE REPRESENTATIVE O F THE STATE JUDICIARY ; 16
318+
319+ 11. ONE REPRESENTATIVE O F THE MARYLAND STATE’S 17
320+ATTORNEYS’ ASSOCIATION; 18
321+
322+ 12. ONE REPRESENTATIVE O F THE MARYLAND OFFICE 19
323+OF THE PUBLIC DEFENDER; 20
324+
325+ 13. ONE REPRESENTATIVE O F THE MARYLAND CHIEFS 21
326+OF POLICE ASSOCIATION; 22
327+
328+ 14. ONE REPRESENTATIVE O F THE MARYLAND 23
329+SHERIFFS’ ASSOCIATION; AND 24
330+
331+ 15. SEVEN MEMBERS OF THE GENERAL PUBLIC . 25
332+
333+ (2) OF THE SEVEN MEMBERS FROM THE GENERAL PUB LIC: 26
334+
335+ (I) ONE SHALL BE CHOSEN ON THE BASIS OF THE MEMBER’S 27
336+INTEREST IN AND EXPE RIENCE WITH MINORS A ND JUVENILE PROBLEMS ; 28
337+ 8 HOUSE BILL 814
338+
339+
340+ (II) TWO SHALL: 1
341+
342+ 1. AT THE TIME OF APPOINTM ENT TO A FIRST TERM , BE 2
343+AT LEAST 16 YEARS OLD AND UNDER THE AGE OF 30 YEARS; AND 3
344+
345+ 2. INCLUDE AT LEAST ONE INDIVIDUAL WHO HAS B EEN 4
346+UNDER THE JURISDICTI ON OF THE DEPARTMENT OF JUVENILE SERVICES; 5
347+
348+ (III) ONE SHALL BE AN INDI VIDUAL WH O IS A PARENT OR 6
349+GUARDIAN OF A YOUTH WHO HAS BEEN UNDER T HE JURISDICTION OF T HE 7
350+DEPARTMENT OF JUVENILE SERVICES; 8
351+
352+ (IV) ONE SHALL BE A VICTI M ADVOCATE; AND 9
353+
354+ (V) TWO SHALL BE EMPLOYE ES OF THE DEPARTMENT OF 10
355+JUVENILE SERVICES WITH DIFFERE NT JOB TITLES , RECOMMENDED BY THE 11
356+PRESIDENT OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL 12
357+EMPLOYEES, COUNCIL 3. 13
358+
359+ (C) (1) THE TERM OF AN APPOIN TED MEMBER IS 3 YEARS. 14
360+
361+ (2) THE TERMS OF THE APPO INTED MEMBERS ARE ST AGGERED AS 15
362+REQUIRED BY THE TERM S PROVIDED FOR MEMBERS OF THE COMMISSION ON JULY 16
363+1, 2024. 17
364+
365+ (3) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL 18
366+A SUCCESSOR IS APPOI NTED AND QUALIFIES . 19
367+
368+ (4) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES 20
369+ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINTE D AND 21
370+QUALIFIES. 22
371+
372+ (5) AN APPOINTED MEMBER W HO SERVES TWO CONSEC UTIVE FULL 23
373+3–YEAR TERMS MAY NOT B E REAPPOINTED FOR 3 YEARS AFTER COMPLETI ON OF 24
374+THOSE TERMS . 25
375+
376+ [(c)] (D) (1) [The Governor shall designate the chair of the Commission.] 26
377+FROM AMONG THE MEMBERS OF THE COMMISSION, THE GOVERNOR, THE 27
378+PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE HOUSE SHALL APPOINT A 28
379+CHAIR. 29
380+
381+ (2) (I) FROM AMONG THE MEMBER S OF THE COMMISSION, THE 30
382+CHAIR SHALL APPOINT A SECRETARY. 31
383+ HOUSE BILL 814 9
384+
385+
386+ (II) THE SECRETARY SHALL KEEP FULL AND ACCURA TE 1
387+MINUTES OF EACH COMMISSION MEETING . 2
388+
389+ [(d)] (E) The [Department of Juvenile Services and the Department of Human 3
390+Services] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM 4
391+SERVICES shall provide staff for the Commission. 5
392+
393+ [(e)] (F) (1) THE COMMISSION SHALL MEET REGULARLY AT LEAST S IX 6
394+TIMES A YEAR ON THE CALL OF ITS CHAIR. 7
395+
396+ (2) A member of the Commission: 8
397+
398+ [(1)] (I) may not receive compensation as a member of the Commission; 9
399+but 10
400+
401+ [(2)] (II) is entitled to reimbursement for expenses under the Standard 11
402+State Travel Regulations, as provided in the State budget. 12
403+
404+ [(f)] (G) The Commission shall: 13
405+
406+ (1) REVIEW AND REPORT ON : 14
407+
408+ (I) ALL JUVENILE SERVICE S, FACILITIES, AND PROGRAMS IN 15
409+THE STATE; 16
410+
411+ (II) THE EDUCATIONAL PROGRAMS AND SERVICE S OF THE 17
412+DEPARTMENT OF JUVENILE SERVICES; 18
413+
414+ (III) PROGRAMS DESIGNED TO DIVERT CHILDREN FROM THE 19
415+JUVENILE JUSTICE SYS TEM; 20
416+
417+ (IV) THE TREATMENT AND PR OGRAMMING NEEDS OF F EMALES 21
418+IN THE JUVENILE JUST ICE SYSTEM; 22
419+
420+ (V) 1. THE USE OF CHI LD IN NEED OF SUPERV ISION 23
421+PETITIONS; AND 24
422+
423+ 2. THE NUMBER OF CHILD IN NEED OF SUPERVISI ON 25
424+PETITIONS AUTHORIZED OR DENIED BY JURISDI CTION; AND 26
425+
426+ (VI) THE WAIT TIMES FOR P LACEMENT OF CHILDREN IN 27
427+FACILITIES; 28
428+ 10 HOUSE BILL 814
429+
430+
431+ [(1)] (2) research culturally competent, evidence–based, research–based, 1
432+and promising PROGRAMS AND practices relating to: 2
433+
434+ (i) child welfare; 3
435+
436+ (ii) juvenile rehabilitation; 4
437+
438+ (iii) mental health services for children; and 5
439+
440+ (iv) prevention and intervention services for juveniles; 6
441+
442+ [(2)] (3) evaluate the cost–effectiveness of EXISTING AND PROMISI NG 7
443+PROGRAMS AND practices researched by the Commission; 8
444+
445+ [(3)] (4) identify means of evaluating the effectiveness of PROGRAMS 9
446+AND practices researched by the Commission; [and] 10
447+
448+ [(4)] (5) giving special attention to organizations located in or serving 11
449+historically underserved communities, identify strategies to enable community–based 12
450+organizations that provide services for juveniles to evaluate and validate services and 13
451+programming provided by those organizations; 14
452+
453+ (6) REVIEW DATA RELATING TO ARRESTS , COMPLETION OF 15
454+PROGRAMMING , AND RECIDIVISM FROM THE MARYLAND LONGITUDINAL DATA 16
455+SYSTEM CENTER; 17
456+
457+ (7) IDENTIFY OPPORTUNITI ES FOR GREATER COORD INATION 18
458+BETWEEN THE DEPARTMENT OF JUVENILE SERVICES, THE OFFICE OF THE STATE’S 19
459+ATTORNEY, LAW ENFORCEMENT , AND LOCAL ORGANIZATI ONS THAT PROVIDE 20
460+SERVICES TO JUVENILE S; 21
461+
462+ (8) RECOMMEND POLICIES A ND PROGRAMS TO IMPRO VE JUVENILE 22
463+SERVICES IN THE STATE; 23
464+
465+ (9) PARTICIPATE IN INTER PRETING FOR THE PUBL IC THE 24
466+OBJECTIVES OF THE JU VENILE SERVICES IN T HE STATE; 25
467+
468+ (10) PARTICIPATE IN PLANN ING THE DEVELOPMENT AND USE OF 26
469+AVAILABLE RESOURCES TO MEET THE NEEDS OF JUVENILES; 27
470+
471+ (11) COORDINATE WITH THE MARYLAND DEPARTMENT OF LABOR TO 28
472+IDENTIFY POTENTIAL J OB AND APPRENTICESHI P OPPORTUNITIES FOR JUVENILES 29
473+UNDER THE SUPERVISIO N OF THE DEPARTMENT OF JUVENILE SERVICES; AND 30
474+ HOUSE BILL 814 11
475+
476+
477+ (12) EXAMINE AND REVIEW F ATALITIES INVOLVING CHILDREN UNDER 1
478+THE SUPERVISION OF THE DEPARTMENT OF JUVENILE SERVICES FOR THE 2
479+PURPOSE OF PROVIDING RECOMMENDATIONS ON P OLICIES AND PROGRAMS TO 3
480+PREVENT FATALITIES , INCLUDING: 4
481+
482+ (I) A DEATH CAUSED BY A CHILD UNDER THE SUPE RVISION OF 5
483+THE DEPARTMENT OF JUVENILE SERVICES, IF THE CHILD IS CONVICTED OR 6
484+ADJUDICATED FOR THE DEATH; AND 7
485+
486+ (II) THE DEATH OF A CHILD UNDER THE SUPERVISIO N OF THE 8
487+DEPARTMENT OF JUVENILE SERVICES. 9
488+
489+ [(g)] (H) On or before [December 31, 2023] OCTOBER 1, 2025, and on or before 10
490+[December 31] OCTOBER 1 each year thereafter, the Commission shall report its findings 11
491+to the Governor and, in accordance with § 2–1257 of this article, the General Assembly. 12
492+
493+ SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 13
494+as follows: 14
495+
496+Article – Courts and Judicial Proceedings 15
497+
498+3–8A–03. 16
499+
500+ (a) In addition to the jurisdiction specified in Subtitle 8 of this title, the court has 17
501+exclusive original jurisdiction over: 18
502+
503+ (1) A child: 19
504+
505+ (i) Who is at least 13 years old alleged to be delinquent; or 20
506+
507+ (ii) Except as provided in subsection (d) of this section, who is at least 21
508+10 years old alleged to have committed an act: 22
509+
510+ 1. That, if committed by an adult, would constitute [a]: 23
511+
512+ A. A crime of violence, as defined in § 14–101 of the Criminal 24
513+Law Article; [or] 25
514+
515+ B. A CRIME INVOLVING WEAP ONS UNDER TITLE 4 § 26
516+4–203 OR § 4–204 OF THE CRIMINAL LAW ARTICLE; 27
517+
518+ C. A CRIME INVOLVING FIRE ARMS UNDER TITLE 5 § 28
519+5–133, § 5–134, § 5–136, § 5–138, § 5–139, § 5–141 § 5–138, § 5–142, § 5–203, OR § 29
520+5–703 OF THE PUBLIC SAFETY ARTICLE; 30
521+ 12 HOUSE BILL 814
522+
523+
524+ D. A CRIME INVOLVING ANIM ALS UNDER TITLE 10, 1
525+SUBTITLE 6 § 10–606 OF THE CRIMINAL LAW ARTICLE; 2
526+
527+ E. SEXUAL OFFENSE IN THE THIRD DEGREE UNDER § 3
528+3–307 OF THE CRIMINAL LAW ARTICLE; OR 4
529+
530+ F. THEFT OF A MOTOR VEHI CLE UNDER § 7–105 OF THE 5
531+CRIMINAL LAW ARTICLE, IF THE CHILD HAS PRE VIOUSLY BEEN REFERRE D TO AN 6
532+AT–RISK YOUTH PREVENTIO N AND DIVERSION PROG RAM, AS DEFINED IN § 8–601 OF 7
533+THE HUMAN SERVICES ARTICLE, FOR A VIOLATION OF § 4–203, § 4–204, OR § 7–105 8
534+OF THE CRIMINAL LAW ARTICLE OR § 5–133, § 5–134, § 5–138, § 5–142, § 5–203, OR 9
535+§ 5–703 OF THE PUBLIC SAFETY ARTICLE; OR 10
536+
537+ 2. Arising out of the same incident as an act listed in item 1 11
538+of this item; 12
539+
540+ (2) A child who is in need of supervision; 13
541+
542+ (3) A child who has received a citation for a violation; 14
543+
544+ (4) Except as provided in subsection (d)(6) of this section, a peace order 15
545+proceeding in which the respondent is a child; and 16
546+
547+ (5) Proceedings arising under the Interstate Compact on Juveniles. 17
548+
549+ (b) The court has concurrent jurisdiction over proceedings against an adult for 18
550+the violation of § 3–8A–30 of this subtitle. However, the court may waive its jurisdiction 19
551+under this subsection upon its own motion or upon the motion of any party to the 20
552+proceeding, if charges against the adult arising from the same incident are pending in the 21
553+criminal court. Upon motion by either the State’s Attorney or the adult charged under § 22
554+3–8A–30 of this subtitle, the court shall waive its jurisdiction, and the adult shall be tried 23
555+in the criminal court according to the usual criminal procedure. 24
556+
557+ (c) (1) The jurisdiction of the court is concurrent with that of the District Court 25
558+in any criminal case arising under the compulsory public school attendance laws of this 26
559+State. 27
560+
561+ (2) The jurisdiction of the court is concurrent with that of a federal court 28
562+sitting in the State over proceedings involving a violation of federal law committed by a 29
563+child on a military installation of the U.S. Department of Defense if: 30
564+
565+ (i) The federal court waives exclusive jurisdiction; and 31
566+
567+ (ii) The violation of federal law is also a crime under State law. 32
568+
569+ (d) The court does not have jurisdiction over: 33 HOUSE BILL 814 13
570+
571+
572+
573+ (1) A child at least 14 years old alleged to have done an act that, if 1
574+committed by an adult, would be a crime punishable by life imprisonment, as well as all 2
575+other charges against the child arising out of the same incident, unless an order removing 3
576+the proceeding to the court has been filed under § 4–202 of the Criminal Procedure Article; 4
577+
578+ (2) A child at least 16 years old alleged to have done an act in violation of 5
579+any provision of the Transportation Article or other traffic law or ordinance, except an act 6
580+that prescribes a penalty of incarceration; 7
581+
582+ (3) A child at least 16 years old alleged to have done an act in violation of 8
583+any provision of law, rule, or regulation governing the use or operation of a boat, except an 9
584+act that prescribes a penalty of incarceration; 10
585+
586+ (4) A child at least 16 years old alleged to have committed any of the 11
587+following crimes, as well as all other charges against the child arising out of the same 12
588+incident, unless an order removing the proceeding to the court has been filed under § 13
589+4–202 of the Criminal Procedure Article: 14
590+
591+ (i) Abduction; 15
592+
593+ (ii) Kidnapping; 16
594+
595+ (iii) Second degree murder; 17
596+
597+ (iv) Manslaughter, except involuntary manslaughter; 18
598+
599+ (v) Second degree rape; 19
600+
601+ (vi) Robbery under § 3–403 of the Criminal Law Article; 20
602+
603+ (vii) Third degree sexual offense under § 3–307(a)(1) of the Criminal 21
604+Law Article; 22
605+
606+ (viii) A crime in violation of § 5–133, § 5–134, § 5–138, or § 5–203 of 23
607+the Public Safety Article; 24
608+
609+ (ix) Using, wearing, carrying, or transporting a firearm during and 25
610+in relation to a drug trafficking crime under § 5–621 of the Criminal Law Article; 26
611+
612+ (x) Use of a firearm under § 5–622 of the Criminal Law Article; 27
613+
614+ (xi) Carjacking or armed carjacking under § 3–405 of the Criminal 28
615+Law Article; 29
616+
617+ (xii) Assault in the first degree under § 3–202 of the Criminal Law 30
618+Article; 31 14 HOUSE BILL 814
619+
620+
621+
622+ (xiii) Attempted murder in the second degree under § 2–206 of the 1
623+Criminal Law Article; 2
624+
625+ (xiv) Attempted rape in the second degree under § 3–310 of the 3
626+Criminal Law Article; 4
627+
628+ (xv) Attempted robbery under § 3–403 of the Criminal Law Article; or 5
629+
630+ (xvi) A violation of § 4–203, § 4–204, § 4–404, or § 4–405 of the 6
631+Criminal Law Article; 7
632+
633+ (5) A child who previously has been convicted as an adult of a felony and is 8
634+subsequently alleged to have committed an act that would be a felony if committed by an 9
635+adult, unless an order removing the proceeding to the court has been filed under § 4–202 of 10
636+the Criminal Procedure Article; 11
637+
638+ (6) A peace order proceeding in which the victim, as defined in § 12
639+3–8A–01(cc)(1)(ii) of this subtitle, is a person eligible for relief, as defined in § 4–501 of the 13
640+Family Law Article; or 14
641+
642+ (7) Except as provided in subsection (a)(1)(ii) of this section, a delinquency 15
643+proceeding against a child who is under the age of 13 years. 16
644+
645+ (e) If the child is charged with two or more violations of the Maryland Vehicle 17
646+Law, another traffic law or ordinance, or the State Boat Act, allegedly arising out of the 18
647+same incident and which would result in the child being brought before both the court and 19
648+a court exercising criminal jurisdiction, the court has exclusive jurisdiction over all of the 20
649+charges. 21
650+
651+ (f) A child under the age of 13 years may not be charged with a crime. 22
652+
653+3–8A–10. 23
654+
655+ (c) (1) Except as otherwise provided in this subsection, in considering the 24
656+complaint, the intake officer shall make an inquiry within [25 days] 15 BUSINESS DAYS 25
657+as to whether the court has jurisdiction and whether judicial action is in the best interests 26
658+of the public or the child. 27
659+
660+ (2) An inquiry need not include an interview of the child who is the subject 28
661+of the complaint if the complaint alleges the commission of an act that would be a felony if 29
662+committed by an adult or alleges a violation of § 4–203 or § 4–204 of the Criminal Law 30
663+Article OR A VIOLATION OF § 5–133, § 5–134, § 5–136, § 5–138, § 5–139, § 5–141 § 31
664+5–138, § 5–142, § 5–203, OR § 5–703 OF THE PUBLIC SAFETY ARTICLE. 32
665+ HOUSE BILL 814 15
666+
667+
668+ (3) In accordance with this section, the intake officer [may,] SHALL, 1
669+IMMEDIATELY after such inquiry [and within 25 days of receiving the complaint]: 2
670+
671+ (i) Authorize the filing of a petition or a peace order request or both; 3
672+
673+ (ii) Propose an informal adjustment of the matter; or 4
674+
675+ (iii) Refuse authorization to file a petition or a peace order request or 5
676+both. 6
677+
678+ (4) (i) [1. Except as provided in subsubparagraph 2 of this 7
679+subparagraph, if] IF a complaint is filed that alleges the commission of an act which would 8
680+be a felony if committed by an adult or alleges a violation of § 4–203 or § 4–204 of the 9
681+Criminal Law Article OR A VIOLATION OF § 5–133, § 5–134, § 5–136, § 5–138, § 5–139, 10
682+§ 5–141 § 5–138, § 5–142, § 5–203, OR § 5–703 OF THE PUBLIC SAFETY ARTICLE, and 11
683+if the intake officer denies authorization to file a petition or proposes an informal 12
684+adjustment, the intake officer shall immediately: 13
685+
686+ [A.] 1. Forward the complaint to the State’s Attorney; and 14
687+
688+ [B.] 2. Forward a copy of the entire intake case file to the 15
689+State’s Attorney with information as to any and all prior intake involvement with the child. 16
690+
691+ [2. For a complaint that alleges the commission of an act that 17
692+would be a felony if committed by an adult, the intake officer is not required to forward the 18
693+complaint and copy of the intake case file to the State’s Attorney if: 19
694+
695+ A. The intake officer proposes the matter for informal 20
696+adjustment; 21
697+
698+ B. The act did not involve the intentional causing of, or 22
699+attempt to cause, the death of or physical injury to another; and 23
700+
701+ C. The act would not be a crime of violence, as defined under 24
702+§ 14–101 of the Criminal Law Article, if committed by an adult.] 25
703+
704+ (II) IF A COMPLAINT IS FILED THAT ALLEGE S THE COMMISSION 26
705+OF A DELINQUENT ACT BY A CHILD WHO WAS U NDER THE SUPERVISION OF THE 27
706+DEPARTMENT OF JUVENILE SERVICES AT THE TIME OF THE ALLEGED DELIN QUENT 28
707+ACT, AND IF THE INTAKE OF FICER DENIES AUTHORI ZATION TO FILE A PET ITION OR 29
708+PROPOSES INFORMAL ADJUSTMEN T, THE INTAKE OFFICER S HALL IMMEDIATELY : 30
709+
710+ 1. FORWARD THE COMPLAINT TO THE STATE’S 31
711+ATTORNEY; AND 32
712+ 16 HOUSE BILL 814
713+
714+
715+ 2. FORWARD A COPY OF THE ENTIRE INTAKE CASE F ILE 1
716+TO THE STATE’S ATTORNEY WITH INFORMA TION AS TO ANY AND A LL PRIOR INTAKE 2
717+INVOLVEMEN T WITH THE CHILD . 3
718+
719+ [(ii)] (III) The State’s Attorney shall make a preliminary review as 4
720+to whether the court has jurisdiction and whether judicial action is in the best interests of 5
721+the public or the child. The need for restitution may be considered as one factor in the public 6
722+interest. After the preliminary review the State’s Attorney shall, within 30 days of the 7
723+receipt of the complaint by the State’s Attorney, unless the court extends the time: 8
724+
725+ 1. File a petition or a peace order request or both; 9
726+
727+ 2. Refer the complaint to the Department of Juvenile 10
728+Services for informal disposition; or 11
729+
730+ 3. Dismiss the complaint. 12
731+
732+ [(iii)] (IV) This subsection may not be construed or interpreted to 13
733+limit the authority of the State’s Attorney to seek a waiver under § 3–8A–06 of this subtitle. 14
734+
735+ (5) IF A COMPLAINT IS FIL ED THAT ALLEGES THE COMMISSION OF AN 15
736+ACT BY A CHILD UNDER THE AGE OF 13 YEARS THAT RESULTS I N THE DEATH OF A 16
737+VICTIM, THE INTAKE OFFICER S HALL AUTHORIZE THE F ILING OF A PETITION 17
738+ALLEGING THA T THE CHILD IS EITHE R DELINQUENT OR IN N EED OF SUPERVISION . 18
739+
740+ (g) (1) If based upon the complaint and the inquiry, the intake officer 19
741+concludes that the court has no jurisdiction, or that neither an informal adjustment nor 20
742+judicial action is appropriate, the intake officer may deny authorization to file a petition or 21
743+a peace order request or both. 22
744+
745+ (2) If the intake officer denies authorization to file a petition or a peace 23
746+order request or both, the intake officer shall inform the following persons of the decision, 24
747+the reasons for it, and their right of review provided in this section: 25
748+
749+ (i) The victim; 26
750+
751+ (ii) The arresting police officer; and 27
752+
753+ (iii) The person or agency that filed the complaint or caused it to be 28
754+filed. 29
755+
756+ (3) The intake officer shall inform the persons specified in paragraph (2) of 30
757+this subsection BY ELECTRONIC MEANS of the decision to deny authorization to file a 31
758+petition for the alleged commission of a delinquent act through use of the form prescribed 32
759+by § 3–8A–11 of this subtitle. 33
760+ HOUSE BILL 814 17
761+
762+
763+3–8A–14. 1
764+
765+ (a) A child may be taken into custody under this subtitle by any of the following 2
766+methods: 3
767+
768+ (1) Pursuant to an order of the court; 4
769+
770+ (2) By a law enforcement officer pursuant to the law of arrest; 5
771+
772+ (3) By a law enforcement officer or other person authorized by the court if 6
773+the officer or other person has reasonable grounds to believe that the child is in immediate 7
774+danger from the child’s surroundings and that the child’s removal is necessary for the 8
775+child’s protection; 9
776+
777+ (4) By a law enforcement officer or other person authorized by the court if 10
778+the officer or other person has reasonable grounds to believe that the child has run away 11
779+from the child’s parents, guardian, or legal custodian; or 12
780+
781+ (5) In accordance with § 3–8A–14.1 of this subtitle. 13
782+
783+ (b) (1) (i) If a law enforcement officer takes a child into custody, the officer 14
784+shall immediately notify, or cause to be notified, the child’s parents, guardian, or custodian 15
785+in a manner reasonably calculated to give actual notice of the action. 16
786+
787+ (ii) The notice required under subparagraph (i) of this paragraph 17
788+shall: 18
789+
790+ 1. Include the child’s location; 19
791+
792+ 2. Provide the reason for the child being taken into custody; 20
793+and 21
794+
795+ 3. Instruct the parent, guardian, or custodian on how to 22
796+make immediate in–person contact with the child. 23
797+
798+ (2) After making every reasonable effort to give actual notice to a child’s 24
799+parent, guardian, or custodian, the law enforcement officer shall with all reasonable speed: 25
800+
801+ (i) Release the child to the child’s parents, guardian, or custodian or 26
802+to any other person designated by the court, upon their written promise to bring the child 27
803+before the court when requested by the court, and such security for the child’s appearance 28
804+as the court may reasonably require, unless the child’s placement in detention or shelter 29
805+care is permitted and appears required by § 3–8A–15 of this subtitle; or 30
806+
807+ (ii) Deliver the child to the court or a place of detention or shelter 31
808+care designated by the court. 32
809+ 18 HOUSE BILL 814
810+
811+
812+ (c) If a parent, guardian, or custodian fails to bring the child before the court 1
813+when requested, the court may: 2
814+
815+ (1) Issue a writ of attachment directing that the child be taken into custody 3
816+and brought before the court; and 4
817+
818+ (2) Proceed against the parent, guardian, or custodian for contempt. 5
819+
820+ (D) IF A CHILD IS TAKEN I NTO CUSTODY UNDER TH IS SUBTITLE BY A LAW 6
821+ENFORCEMENT OFFICER PURSUANT TO THE LAW OF ARREST , THE LAW 7
822+ENFORCEMENT OFFICER SHALL COMPLETE : 8
823+
824+ (1) COMPLETE AND FORWARD A WRITTE N COMPLAINT OR CITAT ION 9
825+TO THE DEPARTMENT OF JUVENILE SERVICES FOR PROCESSI NG UNDER § 3–8A–10 10
826+OF THIS SUBTITLE; 11
827+
828+ (2) IF THE CHILD WAS REFE RRED TO AN AT –RISK YOUTH 12
829+PREVENTION AND DIVER SION PROGRAM , AS DEFINED IN § 8–601 OF THE HUMAN 13
830+SERVICES ARTICLE, COMPLETE AND FORWARD A WRITTEN REP ORT TO THE 14
831+DEPARTMENT OF JUVENILE SERVICES INDICATING T HAT THE CHILD WAS 15
832+DIVERTED TO: 16
833+
834+ (I) A LAW ENFORCEMENT DIVE RSION PROGRAM , INCLUDING A 17
835+DIVERSION PROGRAM OP ERATED BY A LOCAL STATE’S ATTORNEY; 18
836+
837+ (II) A DIVERSION PROGRAM OP ERATED BY ANOTHER AG ENCY 19
838+OR ORGANIZATION ; 20
839+
840+ (III) A LOCAL CARE TEAM ; OR 21
841+
842+ (IV) ANOTHER COMMUNITY –BASED SERVICE PROVID ER; OR 22
843+
844+ (3) COMPLETE AND FORWARD A WRITTEN REPORT TO THE 23
845+DEPARTMENT OF JUVENILE SERVICES INDICATING T HAT NO FURTHER ACTION WAS 24
846+TAKEN. 25
847+
848+ [(d)] (E) (1) (i) In this subsection the following words have the meanings 26
849+indicated. 27
850+
851+ (ii) “Qualifying offense” has the meaning stated in § 8–302 of the 28
852+Criminal Procedure Article. 29
853+
854+ (iii) “Sex trafficking” has the meaning stated in § 5–701 of the Family 30
855+Law Article. 31
856+ HOUSE BILL 814 19
857+
858+
859+ (iv) “Victim of human trafficking” has the meaning stated in § 8–302 1
860+of the Criminal Procedure Article. 2
861+
862+ (2) In addition to the requirements for reporting child abuse and neglect 3
863+under § 5–704 of the Family Law Article, if a law enforcement officer has reason to believe 4
864+that a child who has been detained is a victim of sex trafficking or a victim of human 5
865+trafficking, the law enforcement officer shall, as soon as practicable: 6
866+
867+ (i) Notify an appropriate regional navigator, as defined in § 5–704.4 7
868+of the Family Law Article, for the jurisdiction where the child was taken into custody or 8
869+where the child is a resident that the child is a suspected victim of sex trafficking or a 9
870+suspected victim of human trafficking so the regional navigator can coordinate a service 10
871+response; 11
872+
873+ (ii) Report to the local child welfare agency that the child is a 12
874+suspected victim of sex trafficking or a suspected victim of human trafficking; and 13
875+
876+ (iii) Release the child to the child’s parents, guardian, or custodian if 14
877+it is safe and appropriate to do so, or to the local child welfare agency if there is reason to 15
878+believe that the child’s safety will be at risk if the child is returned to the child’s parents, 16
879+guardian, or custodian. 17
880+
881+ (3) A law enforcement officer who takes a child who is a suspected victim 18
882+of sex trafficking or a suspected victim of human trafficking into custody under subsection 19
883+(a)(3) of this section may not detain the child in a juvenile detention facility, as defined 20
884+under § 9–237 of the Human Services Article, if the reason for detaining the child is a 21
885+suspected commission of a qualifying offense or § 3–1102 of the Criminal Law Article. 22
886+
887+ [(e)] (F) The Supreme Court of Maryland may adopt rules concerning 23
888+age–appropriate language to be used to advise a child who is taken into custody of the 24
889+child’s rights. 25
890+
891+3–8A–15. 26
892+
893+ (b) (3) A child alleged to have committed a delinquent act may not be placed 27
894+in detention before a hearing if the most serious offense would be a misdemeanor if 28
895+committed by an adult, unless: 29
896+
897+ (i) The act involved a handgun and would be a violation under the 30
898+Criminal Law Article or WOULD BE A VIOLATION OF § 4–203 OR § 4–204 OF THE 31
899+CRIMINAL LAW ARTICLE OR A VIOLATIO N OF § 5–133, § 5–134, § 5–136, § 5–138, § 32
900+5–139, § 5–141 § 5–138, § 5–142, § 5–203, OR § 5–703 OF the Public Safety Article if 33
901+committed by an adult; [or] 34
902+
903+ (ii) The child has been adjudicated delinquent at least twice [in the 35
904+preceding 12 months] IN THE PRECEDING 2 YEARS; OR 36 20 HOUSE BILL 814
905+
906+
907+
908+ (III) 1. THE CHILD WAS UNDER T HE SUPERVISION OF TH E 1
909+DEPARTMENT OF JUVENILE SERVICES WHEN THE ALL EGED ACT OCCURRED ; AND 2
910+
911+ 2. THE ALLEGED ACT , IF COMMITTED BY AN A DULT, 3
912+WOULD BE SUBJECT TO A PENALTY OF IMPRISO NMENT OF MORE THAN 90 DAYS 2 4
913+YEARS. 5
914+
915+ (e) (1) Detention or community detention may not be continued beyond 6
916+emergency detention or community detention unless, upon an order of court after a hearing, 7
917+the court has found that one or more of the circumstances stated in subsection (b) of this 8
918+section exist. 9
919+
920+ (2) A court order under this paragraph shall: 10
921+
922+ (i) Contain a written determination of whether or not the criteria 11
923+contained in subsection (c)(1) and (2) of this section have been met; and 12
924+
925+ (ii) Specify which of the circumstances stated in subsection (b) of this 13
926+section exist. 14
927+
928+ (3) (i) If the court has not specifically prohibited community detention, 15
929+the Department of Juvenile Services may release the child from detention into community 16
930+detention and place the child in: 17
931+
932+ 1. Shelter care; or 18
933+
934+ 2. The custody of the child’s parent, guardian, custodian, or 19
935+other person able to provide supervision and care for the child and to return the child to 20
936+court when required. 21
937+
938+ (II) IF THE CHILD IS RELEA SED FROM DETENTION , THE INTAKE 22
939+OFFICER SHALL MAKE AN INQUIRY WITH IN 2 BUSINESS DAYS AS TO WHETHER THE 23
940+COURT HAS JURISDICTI ON AND WHETHER JUDIC IAL ACTION IS IN THE BEST 24
941+INTEREST OF THE PUBL IC OR THE CHILD. 25
942+
943+ [(ii)] (III) If a child who has been released by the Department of 26
944+Juvenile Services or the court into community detention violates the conditions of 27
945+community detention, and it is necessary to protect the child or others, an intake officer 28
946+may authorize the detention of the child. 29
947+
948+ [(iii)] (IV) The Department of Juvenile Services shall promptly notify 30
949+the court of: 31
950+
951+ 1. The release of a child from detention under subparagraph 32
952+(i) of this paragraph; or 33 HOUSE BILL 814 21
953+
954+
955+
956+ 2. The return to detention of a child under subparagraph 1
957+[(ii)] (III) of this paragraph. 2
958+
959+ [(iv)] (V) 1. If a child is returned to detention under 3
960+subparagraph [(ii)] (III) of this paragraph, the intake officer who authorized detention 4
961+shall immediately file a petition to authorize continued detention. 5
962+
963+ 2. A hearing on the petition to authorize continued detention 6
964+shall be held no later than the next court day, unless extended for no more than 5 days by 7
965+the court on good cause shown. 8
966+
967+ 3. Reasonable notice, oral or written, stating the time, place, 9
968+and purpose of the hearing, shall be given to the child and, if they can be located, the child’s 10
969+parents, guardian, or custodian. 11
970+
971+ (k) (1) [If] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 12
972+SUBSECTION, IF a child remains in a facility used for detention, the Department of 13
973+Juvenile Services shall: 14
974+
975+ [(1)] (I) Within 14 days after the child’s initial detention, appear at a 15
976+hearing before the court with the child to explain the reasons for continued detention; and 16
977+
978+ [(2)] (II) Every 14 days thereafter, appear at another hearing before the 17
979+court with the child to explain the reasons for continued detention. 18
980+
981+ (2) A HEARING REQUIRED UND ER THIS SUBSECTION M AY BE WAIVED 19
982+ONE TIME ON THE CONS ENT OF THE COURT , THE STATE’S ATTORNEY, AND COUNSEL 20
983+FOR THE CHILD. 21
984+
985+3–8A–19.6. 22
986+
987+ (a) (1) In this section, “technical THE FOLLOWING WORDS HAVE THE 23
988+MEANINGS INDICATED . 24
989+
990+ (2) “GOOD CAUSE ” INCLUDES A CHILD HAV ING TWO OR MORE 25
991+UNEXCUSED ABSENCES F ROM A PROGRAM THAT T HE CHILD IS ORDERED TO ATTEND 26
992+AS A CONDITION OF PR OBATION. 27
993+
994+ (3) “TECHNICAL violation” means a violation of probation that does not 28
995+involve: 29
996+
997+ (1) (I) An arrest or a summons issued by a commissioner on a statement 30
998+of charges filed by a law enforcement officer; 31
999+ 22 HOUSE BILL 814
1000+
1001+
1002+ (2) (II) A violation of a criminal prohibition, or an act that would be a 1
1003+violation of a criminal prohibition if committed by an adult, other than a minor traffic 2
1004+offense; 3
1005+
1006+ (3) (III) A violation of a no–contact or stay–away order; [or] 4
1007+
1008+ (4) (IV) Absconding; OR 5
1009+
1010+ (5) TWO OR MORE UNEXCUSED FAILURES TO APPEAR A T A 6
1011+TREATMENT PROGRAM OR DERED BY THE COURT . 7
1012+
1013+ (b) This section does not apply to an offense committed by a child that, if 8
1014+committed by an adult, would be a felony and a crime of violence under § 14–101 of the 9
1015+Criminal Law Article. 10
1016+
1017+ (c) The court may not place a child on probation for a term exceeding that 11
1018+provided in this section. 12
1019+
1020+ (d) (1) Except as provided in paragraph (2) of this subsection, if the most 13
1021+serious offense committed by a child would be a misdemeanor if committed by an adult, the 14
1022+court may place the child on probation for a period not exceeding [6 months] 1 YEAR. 15
1023+
1024+ (2) Subject to paragraph (3) of this subsection, the court may, after a 16
1025+hearing, extend the probation by periods not exceeding [3] 4 months if the court finds that: 17
1026+
1027+ (i) There is good cause to extend the probation; and 18
1028+
1029+ (ii) The purpose of extending the probation is to ensure that the child 19
1030+completes a treatment or rehabilitative program or service. 20
1031+
1032+ (3) The total period of the probation, including extensions of the probation, 21
1033+may not exceed [1 year] 2 YEARS. 22
1034+
1035+ (e) (1) Except as provided in paragraph (2) of this subsection, if the most 23
1036+serious offense committed by a child would be a felony if committed by an adult, the court 24
1037+may place the child on probation for a period not exceeding [1 year] 2 YEARS. 25
1038+
1039+ (2) (i) Subject to paragraph (3) of this subsection, the court may, after 26
1040+a hearing, extend the probation by periods not exceeding [3] 4 months if the court finds 27
1041+that: 28
1042+
1043+ 1. There is good cause to extend the probation; and 29
1044+
1045+ 2. The purpose of extending the probation is to ensure that 30
1046+the child completes a treatment or rehabilitative program or service. 31
1047+ HOUSE BILL 814 23
1048+
1049+
1050+ (ii) Except as provided in paragraph (3) of this subsection, if the 1
1051+probation is extended under this paragraph, the total period of the probation may not 2
1052+exceed [2] 3 years. 3
1053+
1054+ (3) (i) Subject to subparagraph (ii) of this paragraph, the court may 4
1055+extend the period of the probation for a period of time greater than the period described in 5
1056+paragraph (2)(ii) of this subsection if, after a hearing, the court finds by clear and 6
1057+convincing evidence that: 7
1058+
1059+ 1. There is good cause to extend the probation; and 8
1060+
1061+ 2. Extending the probation is in the best interest of the child. 9
1062+
1063+ (ii) If the probation is extended under this paragraph, the total 10
1064+period of probation, including extensions under paragraph (2) of this subsection, may not 11
1065+exceed [3] 4 years. 12
1066+
1067+ (f) Notwithstanding any other provision of this section, if a child is found to have 13
1068+committed a violation of probation, except for a technical violation, a court may, after a 14
1069+hearing, place the child on a new term of probation for a period that is consistent with the 15
1070+period of probation that may be imposed under this section for the delinquent act for which 16
1071+the child was originally placed on probation. 17
1072+
1073+3–8A–19.7. 18
1074+
1075+ (a) In this section, “technical violation” has the meaning stated in § 3–8A–19.6 of 19
1076+this subtitle. 20
1077+
1078+ (b) A child may not be placed in a facility used for detention for a technical 21
1079+violation. 22
1080+
1081+3–8A–20.1. 23
1082+
1083+ (a) (1) In this section, “treatment service plan” means a plan recommended at 24
1084+a disposition hearing under § 3–8A–19 of this subtitle or at a disposition review hearing 25
1085+under this section by the Department of Juvenile Services to the court proposing specific 26
1086+assistance, guidance, treatment, or rehabilitation of a child. 27
1087+
1088+ (2) In making a treatment service plan, a juvenile counselor shall meet 28
1089+with the child who is the subject of the treatment service plan and the child’s parent, 29
1090+guardian, or legal custodian to discuss the treatment service plan. 30
1091+
1092+ (3) If a child’s parent, guardian, or legal custodian is unable or refuses to 31
1093+meet with the juvenile counselor, the treatment service plan shall indicate that the parent, 32
1094+guardian, or legal custodian is unable or refuses to meet, and the reason for the inability 33
1095+or refusal to meet, if known. 34
1096+ 24 HOUSE BILL 814
1097+
1098+
1099+ (4) At a minimum, the treatment service plan shall include: 1
1100+
1101+ (i) The recommended level of supervision for the child; 2
1102+
1103+ (ii) Specific goals for the child and family to meet, along with 3
1104+timelines for meeting those goals; 4
1105+
1106+ (iii) A statement of any condition that the child’s parent, guardian, or 5
1107+legal custodian must change in order to alleviate any risks to the child; 6
1108+
1109+ (iv) A statement of the services to be provided to the child and child’s 7
1110+family; and 8
1111+
1112+ (v) Any other information that may be necessary to make a 9
1113+disposition consistent with the child’s best interests and the protection of the public 10
1114+interest. 11
1115+
1116+ (b) (1) In making a disposition on a petition under § 3–8A–19 of this subtitle, 12
1117+if the court adopts a treatment service plan, the Department of Juvenile Services shall 13
1118+ensure that implementation of the treatment service plan occurs within 25 days after the 14
1119+date of disposition. 15
1120+
1121+ (2) If a treatment service plan requires specified supervision, mentoring, 16
1122+mediation, monitoring, or placement, implementation of the treatment service plan is 17
1123+considered to have occurred ONLY when the supervision, mentoring, mediation, 18
1124+monitoring, or placement occurs. 19
1125+
1126+ (3) The Department of Juvenile Services shall [certify] PROVIDE 20
1127+CERTIFICATION in writing to the court within 25 days after the date of disposition whether 21
1128+implementation of the treatment service plan has occurred AND EXPLAIN ATTEMPTS 22
1129+MADE TO ENSURE IMPLE MENTATION . 23
1130+
1131+ (4) THE DEPARTMENT OF JUVENILE SERVICES SHALL FORWAR D A 24
1132+COPY OF THE CERTIFIC ATION DESCRIBED IN P ARAGRAPH (3) OF THIS SUBSECTION 25
1133+TO THE COMMISSION ON JUVENILE JUSTICE REFORM AND EMERGING AND BEST 26
1134+PRACTICES UNDER § 9–3502 OF THE STATE GOVERNMENT ARTICLE SO THAT THE 27
1135+COMMISSION MAY EVALUA TE PATTERNS OF FAILE D IMPLEMENTATION . 28
1136+
1137+ (c) (1) If a treatment service plan is not implemented by the Department of 29
1138+Juvenile Services within 25 days under subsection (b)(3) of this section, the court shall 30
1139+schedule, within 7 days after receipt of the certification, a disposition review hearing to be 31
1140+held within 30 days after receipt of the certification. 32
1141+
1142+ (2) The court shall give at least 7 days’ notice of the date and time of the 33
1143+disposition review hearing to each party and to the Department of Juvenile Services. 34
1144+ HOUSE BILL 814 25
1145+
1146+
1147+ (d) (1) The court shall hold a disposition review hearing unless the 1
1148+Department of Juvenile Services certifies in writing to the court prior to the hearing that 2
1149+implementation of the treatment service plan has occurred. 3
1150+
1151+ (2) At a disposition review hearing, the court may: 4
1152+
1153+ (i) Revise, in accordance with the provisions of § 3–8A–19 of this 5
1154+subtitle, the disposition previously made; and 6
1155+
1156+ (ii) Revise the treatment service plan previously adopted. 7
1157+
1158+ (e) This section may not be construed to provide entitlement to services not 8
1159+otherwise provided by law. 9
1160+
1161+ (f) The Supreme Court of Maryland may adopt rules to implement the provisions 10
1162+of this section. 11
1163+
1164+3–8A–27. 12
1165+
1166+ (b) (1) A court record pertaining to a child is confidential and its contents may 13
1167+not be divulged, by subpoena or otherwise, except by order of the court upon good cause 14
1168+shown or as provided in §§ 7–303 and 22–309 of the Education Article. 15
1169+
1170+ (10) This subsection does not prohibit access to and confidential use of a 16
1171+court record by the [State Advisory Board for Juvenile Services] COMMISSION ON 17
1172+JUVENILE JUSTICE REFORM AND EMERGING AND BEST PRACTICES if the [Board] 18
1173+COMMISSION is performing the functions described under [§ 9–215(5) of the Human 19
1174+Services Article] § 9–3502 OF THE STATE GOVERNMENT ARTICLE. 20
1175+
1176+Article – Criminal Procedure 21
1177+
1178+2–108. 22
1179+
1180+ (a) A law enforcement officer who charges a minor with a criminal offense shall 23
1181+make a reasonable attempt to provide actual notice to the parent or guardian of the minor 24
1182+of the charge. 25
1183+
1184+ (b) If a law enforcement officer takes a minor into custody, the law enforcement 26
1185+officer or the officer’s designee shall make a reasonable attempt to notify the parent or 27
1186+guardian of the minor in accordance with the requirements of § 3–8A–14 of the Courts 28
1187+Article. 29
1188+
1189+ (C) IF A LAW ENFORCEMENT OFFICER ALLEGES THE COMMISSION OF AN 30
1190+ACT BY A CHILD UNDER THE AGE OF 13 YEARS THAT RESULTS I N THE DEATH OF A 31
1191+VICTIM, THE LAW ENFORCEMENT OFFICER SHALL FORWAR D THE COMPLAINT TO 32
1192+THE DEPARTMENT OF JUVENILE SERVICES FOR APPROPRI ATE ACTION. 33 26 HOUSE BILL 814
1193+
1194+
1195+
1196+11–722. 1
1197+
1198+ (a) (1) In this section the following words have the meanings indicated. 2
1199+
1200+ (2) “County board” has the meaning stated in § 1–101 of the Education 3
1201+Article. 4
1202+
1203+ (3) “JUVENILE REGISTRANT ” HAS THE MEANING STAT ED IN § 5
1204+11–704.1 OF THIS SUBTITLE. 6
1205+
1206+ [(3)] (4) “State Board” has the meaning stated in § 1–101 of the Education 7
1207+Article. 8
1208+
1209+ (b) This section does not apply to a registrant OR A JUVENILE REGIST RANT who 9
1210+enters real property: 10
1211+
1212+ (1) where the registrant’s OR JUVENILE REGISTRA NT’S child is a student 11
1213+or receives child care, if: 12
1214+
1215+ (i) within the past year the registrant OR JUVENILE REGISTRA NT 13
1216+has been given the specific written permission of the Superintendent of Schools, the local 14
1217+school board, the principal of the school, or the owner or operator of the registered family 15
1218+child care home, licensed child care home, or licensed child care institution, as applicable; 16
1219+and 17
1220+
1221+ (ii) the registrant OR JUVENILE REGISTRA NT promptly notifies an 18
1222+agent or employee of the school, home, or institution of the registrant’s OR JUVENILE 19
1223+REGISTRANT’S presence and purpose of visit; or 20
1224+
1225+ (2) for the purpose of voting at a school on an election day in the State if 21
1226+the registrant OR JUVENILE REGISTRA NT is properly registered to vote and the 22
1227+registrant’s OR JUVENILE REGISTRA NT’S polling place is at the school. 23
1228+
1229+ (c) Except as provided in subsection (e) of this section, a registrant OR JUVENILE 24
1230+REGISTRANT may not knowingly enter onto real property: 25
1231+
1232+ (1) that is used for public or nonpublic elementary or secondary education; 26
1233+or 27
1234+
1235+ (2) on which is located: 28
1236+
1237+ (i) a family child care home registered under Title 5, Subtitle 5 of 29
1238+the Family Law Article; 30
1239+ HOUSE BILL 814 27
1240+
1241+
1242+ (ii) a child care home or a child care institution licensed under Title 1
1243+5, Subtitle 5 of the Family Law Article; or 2
1244+
1245+ (iii) a home where informal child care, as defined in child care subsidy 3
1246+regulations adopted under Title 13A of the Code of Maryland Regulations, is being provided 4
1247+or will be provided to a child who does not reside there. 5
1248+
1249+ (d) A person who enters into a contract with a county board or a nonpublic school 6
1250+may not knowingly employ an individual to work at a school if the individual is a registrant 7
1251+OR JUVENILE REGISTRA NT. 8
1252+
1253+ (e) (1) A registrant OR JUVENILE REGISTRA NT who is a student may receive 9
1254+an education in accordance with State law in any of the following locations: 10
1255+
1256+ (i) a location other than a public or nonpublic elementary or 11
1257+secondary school, including by: 12
1258+
1259+ 1. participating in the Home and Hospital Teaching Program 13
1260+for Students; or 14
1261+
1262+ 2. participating in or attending a program approved by a 15
1263+county board under paragraph (2) of this subsection; 16
1264+
1265+ (ii) a Regional Institute for Children and Adolescents; or 17
1266+
1267+ (iii) a nonpublic educational program as provided by § 8–406 of the 18
1268+Education Article if: 19
1269+
1270+ 1. the registrant OR JUVENILE REGISTRA NT has notified 20
1271+an agent or employee of the nonpublic educational program that the registrant OR 21
1272+JUVENILE REGISTRANT is required to register under this subtitle; and 22
1273+
1274+ 2. the registrant OR JUVENILE REGISTRA NT has been 23
1275+given specific written permission by an agent or employee of the nonpublic educational 24
1276+program to attend the nonpublic educational program. 25
1277+
1278+ (2) Each county board shall develop and adopt a policy that enables a 26
1279+registrant OR JUVENILE REGISTRA NT who is a student to receive an education as 27
1280+described under paragraph (1) of this subsection. 28
1281+
1282+ (3) The State Board shall develop and adopt guidelines and a model policy 29
1283+to assist a county board with the development of a policy under paragraph (2) of this 30
1284+subsection. 31
1285+ 28 HOUSE BILL 814
1286+
1287+
1288+ (f) A person who violates subsection (c) or (d) of this section is guilty of a 1
1289+misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine 2
1290+not exceeding $5,000 or both. 3
1291+
1292+Article – Human Services 4
1293+
1294+8–103. 5
1295+
1296+ (A) (1) THERE IS A GOVERNOR’S OFFICE FOR CHILDREN. 6
1297+
1298+ (2) THE OFFICE IS A SEPARATE UNIT WITHIN THE EXECUTIVE 7
1299+DEPARTMENT . 8
1300+
1301+ (B) THE PURPOSE OF THE OFFICE IS TO PRO VIDE A COORDINATED , 9
1302+COMPREHENSIVE , INTERAGENCY APPROACH TO PROMOTING THE WEL L–BEING OF 10
1303+CHILDREN AND FAMILIE S THROUGH A NETWORK OF SUPPORTS , PROGRAMS, AND 11
1304+SERVICES THAT ARE FA MILY– AND CHILD–ORIENTED AND REDUCIN G THE NUMBER 12
1305+OF CHILDREN LIVING I N POVERTY. 13
1306+
1307+ (C) THE GOVERNOR MAY PROVIDE FOR THE STRUCTURE , DUTIES, AND 14
1308+RESPONSIBILITIES OF THE OFFICE BY EXECUTIVE O RDER. 15
1309+
1310+8–104. 16
1311+
1312+ (A) THERE IS A CHILDREN’S CABINET ADMINISTERED BY THE GOVERNOR’S 17
1313+OFFICE OF CHILDREN. 18
1314+
1315+ (B) THE PURPOSE OF THE CHILDREN’S CABINET IS TO PROMOTE THE 19
1316+VISION OF THE STATE FOR A STABLE , SAFE, AND HEALTHY ENVIRONM ENT FOR 20
1317+CHILDREN AND FAMILIE S. 21
1318+
1319+ (C) THE HEAD OF THE GOVERNOR’S OFFICE OF CHILDREN SHALL SERVE AS 22
1320+THE CHAIR AND BE RESPONSI BLE FOR THE ADMINIST RATION AND OPERATION OF 23
1321+THE CHILDREN’S CABINET. 24
1322+
1323+ (D) THE GOVERNOR MAY PROVIDE FOR THE STRUCTURE , DUTIES, AND 25
1324+RESPONSIBILITIES OF THE CHILDREN’S CABINET BY EXECUTIVE ORDER. 26
1325+
1326+9–101. 27
1327+
1328+ (a) In this title the following words have the meanings indicated. 28
1329+
1330+ (b) “Department” means the Department of Juvenile Services. 29
1331+
1332+ (c) “Secretary” means the Secretary of Juvenile Services. 30 HOUSE BILL 814 29
1333+
1334+
1335+
1336+ [(d) “State Advisory Board” means the State Advisory Board for Juvenile 1
1337+Services.] 2
1338+
1339+9–204. 3
1340+
1341+ (f) (1) The Secretary shall develop a State Comprehensive Juvenile Services 4
1342+3–Year Plan. 5
1343+
1344+ (2) The Plan shall: 6
1345+
1346+ (i) include an inventory of all in–day treatment programs and 7
1347+residential care programs and an accounting of the residence of all clients; 8
1348+
1349+ (ii) include an inventory of nonresidential treatment programs; 9
1350+
1351+ (iii) specify the needs of the various areas of services for clients, 10
1352+including alcohol and drug abuse rehabilitation services; 11
1353+
1354+ (iv) specify the needs of clients, including predelinquent diversion 12
1355+services programs; 13
1356+
1357+ (v) establish priorities for the different services needed; 14
1358+
1359+ (vi) set standards for the quality of residential services and outreach 15
1360+services; 16
1361+
1362+ (vii) include a program dedicated to reducing recidivism rates of 17
1363+clients; 18
1364+
1365+ (viii) include programs dedicated to diverting children from the 19
1366+juvenile justice system; [and] 20
1367+
1368+ (IX) INCLUDE PROGRAMS DEV ELOPED FOR YOUTH AT THE 21
1369+HIGHEST RISK OF BECO MING VICTIMS OR PERP ETRATORS OF GUN VIOL ENCE; AND 22
1370+
1371+ (X) INCLUDE PROGRAMS DEV ELOPED SPECIFICALLY FOR 23
1372+INDIVIDUALS AT LEAST 10 YEARS OLD AND UNDER THE AGE OF 15 YEARS WHO ARE 24
1373+AT THE HIGHEST RISK OF BECOMING VICTIMS OR PERPETRATORS OF G UN 25
1374+VIOLENCE; AND 26
1375+
1376+ [(ix)] (X) (XI) include any other matters that the Secretary 27
1377+considers appropriate. 28
1378+ 30 HOUSE BILL 814
1379+
1380+
1381+ (3) The Plan shall be revised for each fiscal year and submitted, subject to 1
1382+§ 2–1257 of the State Government Article, to the General Assembly by February 1 of each 2
1383+year. 3
1384+
1385+[9–211. 4
1386+
1387+ There is a State Advisory Board for Juvenile Services in the Department.] 5
1388+
1389+[9–212. 6
1390+
1391+ (a) The State Advisory Board consists of the following members appointed by the 7
1392+Governor: 8
1393+
1394+ (1) one representative of the Department; 9
1395+
1396+ (2) one representative of the State Department of Education; 10
1397+
1398+ (3) one representative of the Maryland Department of Health; 11
1399+
1400+ (4) one representative of the Department of State Police; 12
1401+
1402+ (5) one representative of the Social Services Administration of the 13
1403+Department of Human Services; 14
1404+
1405+ (6) one representative of a private child welfare agency; 15
1406+
1407+ (7) one representative of a youth services bureau; 16
1408+
1409+ (8) three representatives of the State judiciary; 17
1410+
1411+ (9) one representative of the General Assembly recommended by the 18
1412+President of the Senate; 19
1413+
1414+ (10) one representative of the General Assembly recommended by the 20
1415+Speaker of the House; 21
1416+
1417+ (11) one representative of the Maryland State’s Attorneys’ Association; 22
1418+
1419+ (12) one representative of the Maryland Office of the Public Defender; and 23
1420+
1421+ (13) nine members of the general public. 24
1422+
1423+ (b) Of the nine members from the general public: 25
1424+
1425+ (1) three shall be chosen on the basis of their interest in and experience 26
1426+with minors and juvenile problems; 27 HOUSE BILL 814 31
1427+
1428+
1429+
1430+ (2) two shall: 1
1431+
1432+ (i) at the time of appointment to a first term, be at least 16 years 2
1433+old and under the age of 25 years; and 3
1434+
1435+ (ii) include at least one individual who has been under the 4
1436+jurisdiction of the Department; 5
1437+
1438+ (3) one shall be an individual who is a parent or guardian of a youth who 6
1439+has been under the jurisdiction of the Department; 7
1440+
1441+ (4) one shall be a victim advocate; and 8
1442+
1443+ (5) two shall be employees of the Department with different job titles, 9
1444+recommended by the President of the American Federation of State, County, and Municipal 10
1445+Employees, Council 3. 11
1446+
1447+ (c) (1) The term of a member is 3 years. 12
1448+
1449+ (2) The terms of the members are staggered as required by the terms 13
1450+provided for members of the State Advisory Board on October 1, 2007. 14
1451+
1452+ (3) At the end of a term, a member continues to serve until a successor is 15
1453+appointed and qualifies. 16
1454+
1455+ (4) A member who is appointed after a term has begun serves only for the 17
1456+rest of the term and until a successor is appointed and qualifies. 18
1457+
1458+ (5) A member who serves two consecutive full 3–year terms may not be 19
1459+reappointed for 3 years after completion of those terms.] 20
1460+
1461+[9–213. 21
1462+
1463+ (a) From among the members of the State Advisory Board, the Governor shall 22
1464+appoint a chair. 23
1465+
1466+ (b) (1) From among the members of the State Advisory Board, the chair shall 24
1467+appoint a secretary. 25
1468+
1469+ (2) The secretary shall keep full and accurate minutes of each State 26
1470+Advisory Board meeting.] 27
1471+
1472+[9–214. 28
1473+ 32 HOUSE BILL 814
1474+
1475+
1476+ (a) The State Advisory Board shall meet regularly at least six times a year on the 1
1477+call of its chair. 2
1478+
1479+ (b) A member of the State Advisory Board: 3
1480+
1481+ (1) may not receive compensation as a member of the State Advisory Board; 4
1482+but 5
1483+
1484+ (2) is entitled to reimbursement for expenses under the Standard State 6
1485+Travel Regulations, as provided in the State budget. 7
1486+
1487+ (c) A member of the State Advisory Board may not have a direct or indirect 8
1488+interest in any contract for building, repairing, equipping, or providing materials or 9
1489+supplies to the Department or have any other financial interest in a contract with the 10
1490+Department.] 11
1491+
1492+[9–215. 12
1493+
1494+ In addition to its other duties specified in this title, the State Advisory Board shall: 13
1495+
1496+ (1) consult with and advise the Secretary on: 14
1497+
1498+ (i) each aspect of the juvenile services program in the State; 15
1499+
1500+ (ii) the educational programs and services of the Department; 16
1501+
1502+ (iii) programs designed to divert children from the juvenile justice 17
1503+system; and 18
1504+
1505+ (iv) the treatment and programming needs of females in the juvenile 19
1506+justice system; 20
1507+
1508+ (2) recommend to the Secretary policies and programs to improve juvenile 21
1509+services in the State; 22
1510+
1511+ (3) participate in interpreting for the public the objectives of the 23
1512+Department; 24
1513+
1514+ (4) participate in planning the development and use of available resources 25
1515+to meet the needs of the Department; and 26
1516+
1517+ (5) examine and review fatalities involving children under the supervision 27
1518+of the Department for the purpose of advising the Secretary on policies and programs to 28
1519+prevent fatalities, including: 29
1520+
1521+ (i) a death caused by a child under the supervision of the 30
1522+Department, if the child is convicted or adjudicated for the death; and 31 HOUSE BILL 814 33
1523+
1524+
1525+
1526+ (ii) the death of a child under the supervision of the Department.] 1
1527+
1528+[9–230. 2
1529+
1530+ (a) With the consent of the State Advisory Board, the Secretary may establish an 3
1531+advisory board for one or more facilities. 4
1532+
1533+ (b) Each board shall consist of individuals that the Secretary and the State 5
1534+Advisory Board consider to be helpful in matters that relate to the effective operation and 6
1535+improvement of the facility. 7
1536+
1537+ (c) A representative of the Juvenile Justice Monitoring Unit of the Office of the 8
1538+Attorney General established under Title 6, Subtitle 4 of the State Government Article 9
1539+shall be available to attend meetings of each advisory board.] 10
1540+
1541+Article – Public Safety 11
1542+
1543+3–531. 12
1544+
1545+ (A) THERE IS A GOVERNOR’S OFFICE OF CRIME PREVENTION AND POLICY. 13
1546+
1547+ (B) THE OFFICE IS A SEPARATE UNIT WITHIN THE EXECUTIVE 14
1548+DEPARTMENT . 15
1549+
1550+ (C) THE GOVERNOR MAY PROVIDE FOR THE STRU CTURE, DUTIES, AND 16
1551+RESPONSIBILITIES OF THE OFFICE BY EXECUTIVE O RDER. 17
1552+
1553+Article – Courts and Judicial Proceedings 18
1554+
1555+3–8A–01. 19
1556+
1557+ (a) In this subtitle the following words have the meanings indicated, unless the 20
1558+context of their use indicates otherwise. 21
1559+
1560+ (h) (1) “Community detention” means a program monitored by the Department 22
1561+of Juvenile Services in which a delinquent child or a child alleged to be delinquent is placed 23
1562+in the home of a parent, guardian, custodian, or other fit person, or in shelter care, as a 24
1563+condition of probation or as an alternative to detention. 25
1564+
1565+ (2) “Community detention” includes electronic monitoring. 26
1566+
1567+3–8A–03. 27
1568+
1569+ (a) In addition to the jurisdiction specified in Subtitle 8 of this title, the court has 28
1570+exclusive original jurisdiction over: 29 34 HOUSE BILL 814
1571+
1572+
1573+
1574+ (1) A child: 1
1575+
1576+ (i) Who is at least 13 years old alleged to be delinquent; or 2
1577+
1578+ (ii) Except as provided in subsection (d) of this section, who is at least 3
1579+10 years old alleged to have committed an act: 4
1580+
1581+ 1. That, if committed by an adult, would constitute [a]: 5
1582+
1583+ A. A crime of violence, as defined in § 14–101 of the Criminal 6
1584+Law Article; [or] 7
1585+
1586+ B. A CRIME INVOLVING HAND GUNS UNDER § 4–203 OR § 8
1587+4–204 OF THE CRIMINAL LAW ARTICLE; 9
1588+
1589+ C. A CRIME INVOLVING FIRE ARMS UNDER § 5–133, § 10
1590+5–134, § 5–138, § 5–142, § 5–203, OR § 5–703 OF THE PUBLIC SAFETY ARTICLE; 11
1591+
1592+ D. AGGRAVATED CRUELTY TO ANIMALS UNDER § 10–606 12
1593+OF THE CRIMINAL LAW ARTICLE; OR 13
1594+
1595+ E. SEXUAL OFFENSE IN THE THIRD DEGREE UNDER § 14
1596+3–307 OF THE CRIMINAL LAW ARTICLE; OR 15
1597+
1598+ 2. Arising out of the same incident as an act listed in item 1 16
1599+of this item; 17
1600+
1601+ (2) A child who is in need of supervision; 18
1602+
1603+ (3) A child who has received a citation for a violation; 19
1604+
1605+ (4) Except as provided in subsection (d)(6) of this section, a peace order 20
1606+proceeding in which the respondent is a child; and 21
1607+
1608+ (5) Proceedings arising under the Interstate Compact on Juveniles. 22
1609+
1610+ (b) The court has concurrent jurisdiction over proceedings against an adult for the 23
1611+violation of § 3–8A–30 of this subtitle. However, the court may waive its jurisdiction under 24
1612+this subsection upon its own motion or upon the motion of any party to the proceeding, if 25
1613+charges against the adult arising from the same incident are pending in the criminal court. 26
1614+Upon motion by either the State’s Attorney or the adult charged under § 3–8A–30 of this 27
1615+subtitle, the court shall waive its jurisdiction, and the adult shall be tried in the criminal 28
1616+court according to the usual criminal procedure. 29
1617+ HOUSE BILL 814 35
1618+
1619+
1620+ (c) (1) The jurisdiction of the court is concurrent with that of the District Court 1
1621+in any criminal case arising under the compulsory public school attendance laws of this 2
1622+State. 3
1623+
1624+ (2) The jurisdiction of the court is concurrent with that of a federal court 4
1625+sitting in the State over proceedings involving a violation of federal law committed by a child 5
1626+on a military installation of the U.S. Department of Defense if: 6
1627+
1628+ (i) The federal court waives exclusive jurisdiction; and 7
1629+
1630+ (ii) The violation of federal law is also a crime under State law. 8
1631+
1632+ (d) The court does not have jurisdiction over: 9
1633+
1634+ (1) A child at least 14 years old alleged to have done an act that, if 10
1635+committed by an adult, would be a crime punishable by life imprisonment, as well as all 11
1636+other charges against the child arising out of the same incident, unless an order removing 12
1637+the proceeding to the court has been filed under § 4–202 of the Criminal Procedure Article; 13
1638+
1639+ (2) A child at least 16 years old alleged to have done an act in violation of 14
1640+any provision of the Transportation Article or other traffic law or ordinance, except an act 15
1641+that prescribes a penalty of incarceration; 16
1642+
1643+ (3) A child at least 16 years old alleged to have done an act in violation of 17
1644+any provision of law, rule, or regulation governing the use or operation of a boat, except an 18
1645+act that prescribes a penalty of incarceration; 19
1646+
1647+ (4) A child at least 16 years old alleged to have committed any of the 20
1648+following crimes, as well as all other charges against the child arising out of the same 21
1649+incident, unless an order removing the proceeding to the court has been filed under § 4–202 22
1650+of the Criminal Procedure Article: 23
1651+
1652+ (i) Abduction; 24
1653+
1654+ (ii) Kidnapping; 25
1655+
1656+ (iii) Second degree murder; 26
1657+
1658+ (iv) Manslaughter, except involuntary manslaughter; 27
1659+
1660+ (v) Second degree rape; 28
1661+
1662+ (vi) Robbery under § 3–403 of the Criminal Law Article; 29
1663+
1664+ (vii) Third degree sexual offense under § 3–307(a)(1) of the Criminal 30
1665+Law Article; 31
1666+ 36 HOUSE BILL 814
1667+
1668+
1669+ (viii) A crime in violation of § 5–133, § 5–134, § 5–138, or § 5–203 of the 1
1670+Public Safety Article; 2
1671+
1672+ (ix) Using, wearing, carrying, or transporting a firearm during and 3
1673+in relation to a drug trafficking crime under § 5–621 of the Criminal Law Article; 4
1674+
1675+ (x) Use of a firearm under § 5–622 of the Criminal Law Article; 5
1676+
1677+ (xi) Carjacking or armed carjacking under § 3–405 of the Criminal 6
1678+Law Article; 7
1679+
1680+ (xii) Assault in the first degree under § 3–202 of the Criminal Law 8
1681+Article; 9
1682+
1683+ (xiii) Attempted murder in the second degree under § 2–206 of the 10
1684+Criminal Law Article; 11
1685+
1686+ (xiv) Attempted rape in the second degree under § 3–310 of the 12
1687+Criminal Law Article; 13
1688+
1689+ (xv) Attempted robbery under § 3–403 of the Criminal Law Article; or 14
1690+
1691+ (xvi) A violation of § 4–203, § 4–204, § 4–404, or § 4–405 of the Criminal 15
1692+Law Article; 16
1693+
1694+ (5) A child who previously has been convicted as an adult of a felony and is 17
1695+subsequently alleged to have committed an act that would be a felony if committed by an 18
1696+adult, unless an order removing the proceeding to the court has been filed under § 4–202 of 19
1697+the Criminal Procedure Article; 20
1698+
1699+ (6) A peace order proceeding in which the victim, as defined in § 21
1700+3–8A–01(cc)(1)(ii) of this subtitle, is a person eligible for relief, as defined in § 4–501 of the 22
1701+Family Law Article; or 23
1702+
1703+ (7) Except as provided in subsection (a)(1)(ii) of this section, a delinquency 24
1704+proceeding against a child who is under the age of 13 years. 25
1705+
1706+ (e) If the child is charged with two or more violations of the Maryland Vehicle 26
1707+Law, another traffic law or ordinance, or the State Boat Act, allegedly arising out of the 27
1708+same incident and which would result in the child being brought before both the court and 28
1709+a court exercising criminal jurisdiction, the court has exclusive jurisdiction over all of the 29
1710+charges. 30
1711+
1712+ (f) A child under the age of 13 years may not be charged with a crime. 31
1713+
1714+3–8A–10. 32
1715+ HOUSE BILL 814 37
1716+
1717+
1718+ (c) (1) (I) Except as [otherwise] provided in [this subsection,] 1
1719+SUBPARAGRAPH (II) OF THIS PARAGRAPH , in considering the complaint, the intake 2
1720+officer shall make an inquiry within [25 days] 15 BUSINESS DAYS as to whether the court 3
1721+has jurisdiction and whether judicial action is in the best interests of the public or the child. 4
1722+
1723+ (II) IF A LAW ENFORCEMENT OFFICER REQUESTS THA T THE 5
1724+INTAKE OFFICER AUTHO RIZE DETENTION FOR A CHILD UNDER § 3–8A–15 OF THIS 6
1725+SUBTITLE AND THE INT AKE OFFICER DOES NOT AUTHORIZE DETENTION , THE 7
1726+INTAKE OFFICER SHALL MAKE AN INQUIRY WITH IN 2 BUSINESS DAYS AS TO WHETHER 8
1727+THE COURT HAS JURISD ICTION AND WHETHER J UDICIAL ACTION IS IN THE BEST 9
1728+INTERESTS OF THE PUB LIC OR THE CHILD. 10
1729+
1730+ (2) An inquiry need not include an interview of the child who is the subject 11
1731+of the complaint if the complaint alleges the commission of an act that would be a felony if 12
1732+committed by an adult or alleges a violation of § 4–203 or § 4–204 of the Criminal Law 13
1733+Article OR A VIOLATION OF § 5–133, § 5–134, § 5–138, § 5–142, § 5–203, OR § 5–703 14
1734+OF THE PUBLIC SAFETY ARTICLE. 15
1735+
1736+ (3) In accordance with this section, the intake officer [may,] SHALL, 16
1737+IMMEDIATELY after such inquiry [and within 25 days of receiving the complaint]: 17
1738+
1739+ (i) Authorize the filing of a petition or a peace order request or both; 18
1740+
1741+ (ii) Propose an informal adjustment of the matter; or 19
1742+
1743+ (iii) Refuse authorization to file a petition or a peace order request or 20
1744+both. 21
1745+
1746+ (4) (i) [1. Except as provided in subsubparagraph 2 of this 22
1747+subparagraph, if] IF a complaint is filed that alleges the commission of an act which would 23
1748+be a felony if committed by an adult or alleges a violation of § 4–203 or § 4–204 of the 24
1749+Criminal Law Article OR A VIOLATION OF § 5–133, § 5–134, § 5–138, § 5–142, § 5–203, 25
1750+OR § 5–703 OF THE PUBLIC SAFETY ARTICLE, and if the intake officer denies 26
1751+authorization to file a petition or proposes an informal adjustment, the intake officer shall 27
1752+immediately: 28
1753+
1754+ [A.] 1. Forward the complaint to the State’s Attorney; and 29
1755+
1756+ [B.] 2. Forward a copy of the entire intake case file to the 30
1757+State’s Attorney with information as to any and all prior intake involvement with the child. 31
1758+
1759+ [2. For a complaint that alleges the commission of an act that 32
1760+would be a felony if committed by an adult, the intake officer is not required to forward the 33
1761+complaint and copy of the intake case file to the State’s Attorney if: 34
1762+ 38 HOUSE BILL 814
1763+
1764+
1765+ A. The intake officer proposes the matter for informal 1
1766+adjustment; 2
1767+
1768+ B. The act did not involve the intentional causing of, or 3
1769+attempt to cause, the death of or physical injury to another; and 4
1770+
1771+ C. The act would not be a crime of violence, as defined under 5
1772+§ 14–101 of the Criminal Law Article, if committed by an adult.] 6
1773+
1774+ (II) IF A COMPLAINT IS FIL ED THAT ALLEGES THE COMMISSION 7
1775+OF A DELINQUENT ACT BY A CHILD WHO WAS U NDER THE SUPERVISION OF THE 8
1776+DEPARTMENT OF JUVENILE SERVICES AT THE TIME OF THE ALLEGED DELIN QUENT 9
1777+ACT, AND IF THE INTAKE OF FICER DENIES AUTHORI ZATION TO FILE A PETITION OR 10
1778+PROPOSES INFORMAL AD JUSTMENT, THE INTAKE OFFICER S HALL IMMEDIATELY : 11
1779+
1780+ 1. FORWARD THE COMPLAINT TO THE STATE’S 12
1781+ATTORNEY; AND 13
1782+
1783+ 2. FORWARD A COPY OF THE ENTIRE INTAKE CASE F ILE 14
1784+TO THE STATE’S ATTORNEY WITH INFORMA TION AS TO ANY AND A LL PRIOR INTAKE 15
1785+INVOLVEMENT WITH THE CHILD. 16
1786+
1787+ [(ii)] (III) The State’s Attorney shall make a preliminary review as to 17
1788+whether the court has jurisdiction and whether judicial action is in the best interests of the 18
1789+public or the child. The need for restitution may be considered as one factor in the public 19
1790+interest. After the preliminary review the State’s Attorney shall, within 30 days of the receipt 20
1791+of the complaint by the State’s Attorney, unless the court extends the time: 21
1792+
1793+ 1. File a petition or a peace order request or both; 22
1794+
1795+ 2. Refer the complaint to the Department of Juvenile Services 23
1796+for informal disposition; or 24
1797+
1798+ 3. Dismiss the complaint. 25
1799+
1800+ (IV) THIS PARAGRAPH MAY NO T BE CONSTRUED TO PR OHIBIT AN 26
1801+INTAKE OFFICER FROM PROCEEDING WITH AN I NFORMAL ADJUSTMENT WHILE T HE 27
1802+STATE’S ATTORNEY CONDUCTS A P RELIMINARY REVIEW UN DER SUBPARAGRAPH (II) 28
1803+OR (III) OF THIS PARAGRAPH . 29
1804+
1805+ [(iii)] (V) This subsection may not be construed or interpreted to limit 30
1806+the authority of the State’s Attorney to seek a waiver under § 3–8A–06 of this subtitle. 31
1807+
1808+ (5) IF A COMPLAINT IS FIL ED THAT ALLEGES THE COMMISSION OF AN 32
1809+ACT BY A CHILD UNDER THE AGE OF 13 YEARS THAT, IF COMMITTED BY AN A DULT, 33 HOUSE BILL 814 39
1810+
1811+
1812+WOULD CONSTITUTE THE FT OF A MOTOR VEHICL E UNDER § 7–105 OF THE CRIMINAL 1
1813+LAW ARTICLE, THE INTAKE OFFICER S HALL AUTHORIZE THE F ILING OF A PETITION 2
1814+ALLEGING THAT THE CH ILD IS IN NEED OF SU PERVISION. 3
1815+
1816+ (f) (1) During the informal adjustment process, the child shall be subject to 4
1817+such supervision as the intake officer deems appropriate and if the intake officer decides to 5
1818+have an intake conference, the child and the child’s parent or guardian shall appear at the 6
1819+intake conference. 7
1820+
1821+ (2) The informal adjustment process may not exceed 90 days unless: 8
1822+
1823+ (i) That time is extended by the court; or 9
1824+
1825+ (ii) The intake officer determines that additional time is necessary for 10
1826+the child to participate in a substance–related disorder treatment program or a mental 11
1827+health program that is part of the informal adjustment process. 12
1828+
1829+ (3) If the victim, the child, and the child’s parent or guardian do not consent 13
1830+to an informal adjustment, the intake officer shall authorize the filing of a petition or a peace 14
1831+order request or both or deny authorization to file a petition or a peace order request or both 15
1832+under subsection (g) of this section. 16
1833+
1834+ (4) (I) If at any time before the completion of an agreed upon informal 17
1835+adjustment the intake officer believes that the informal adjustment cannot be completed 18
1836+successfully, the intake officer shall authorize the filing of a petition or a peace order request 19
1837+or both or deny authorization to file a petition or a peace order request or both under 20
1838+subsection (g) of this section. 21
1839+
1840+ (II) IF THE INTAKE OFFICER DENIES AUTHORIZATION TO FILE A 22
1841+PETITION OR A PEACE ORDER REQUEST UN DER SUBPARAGRAPH (I) OF THIS 23
1842+PARAGRAPH , THE INTAKE OFFICER S HALL IMMEDIATELY FOR WARD TO THE STATE’S 24
1843+ATTORNEY: 25
1844+
1845+ 1. THE COMPLAINT ; AND 26
1846+
1847+ 2. A COPY OF THE ENTIRE I NTAKE CASE FILE WITH 27
1848+INFORMATION AS TO AN Y PRIOR INTAKE INVOL VEMENT WITH THE CHIL D. 28
1849+
1850+ (g) (1) If based upon the complaint and the inquiry, the intake officer concludes 29
1851+that the court has no jurisdiction, or that neither an informal adjustment nor judicial action 30
1852+is appropriate, the intake officer may deny authorization to file a petition or a peace order 31
1853+request or both. 32
1854+
1855+ (2) If the intake officer denies authorization to file a petition or a peace order 33
1856+request or both, the intake officer shall inform the following persons of the decision, the 34
1857+reasons for it, and their right of review provided in this section: 35 40 HOUSE BILL 814
1858+
1859+
1860+
1861+ (i) The victim; 1
1862+
1863+ (ii) The arresting police officer; and 2
1864+
1865+ (iii) The person or agency that filed the complaint or caused it to be 3
1866+filed. 4
1867+
1868+ (3) The intake officer shall inform the persons specified in paragraph (2) of 5
1869+this subsection BY ELECTRONIC MEANS of the decision to deny authorization to file a 6
1870+petition for the alleged commission of a delinquent act through use of the form prescribed by 7
1871+§ 3–8A–11 of this subtitle. 8
1872+
1873+3–8A–14. 9
1874+
1875+ (a) A child may be taken into custody under this subtitle by any of the following 10
1876+methods: 11
1877+
1878+ (1) Pursuant to an order of the court; 12
1879+
1880+ (2) By a law enforcement officer pursuant to the law of arrest; 13
1881+
1882+ (3) By a law enforcement officer or other person authorized by the court if 14
1883+the officer or other person has reasonable grounds to believe that the child is in immediate 15
1884+danger from the child’s surroundings and that the child’s removal is necessary for the child’s 16
1885+protection; 17
1886+
1887+ (4) By a law enforcement officer or other person authorized by the court if 18
1888+the officer or other person has reasonable grounds to believe that the child has run away 19
1889+from the child’s parents, guardian, or legal custodian; or 20
1890+
1891+ (5) In accordance with § 3–8A–14.1 of this subtitle. 21
1892+
1893+ (b) (1) (i) If a law enforcement officer takes a child into custody, the officer 22
1894+shall immediately notify, or cause to be notified, the child’s parents, guardian, or custodian 23
1895+in a manner reasonably calculated to give actual notice of the action. 24
1896+
1897+ (ii) The notice required under subparagraph (i) of this paragraph 25
1898+shall: 26
1899+
1900+ 1. Include the child’s location; 27
1901+
1902+ 2. Provide the reason for the child being taken into custody; 28
1903+and 29
1904+
1905+ 3. Instruct the parent, guardian, or custodian on how to make 30
1906+immediate in–person contact with the child. 31 HOUSE BILL 814 41
1907+
1908+
1909+
1910+ (2) After making every reasonable effort to give actual notice to a child’s 1
1911+parent, guardian, or custodian, the law enforcement officer shall with all reasonable speed: 2
1912+
1913+ (i) Release the child to the child’s parents, guardian, or custodian or 3
1914+to any other person designated by the court, upon their written promise to bring the child 4
1915+before the court when requested by the court, and such security for the child’s appearance as 5
1916+the court may reasonably require, unless the child’s placement in detention or shelter care is 6
1917+permitted and appears required by § 3–8A–15 of this subtitle; or 7
1918+
1919+ (ii) Deliver the child to the court or a place of detention or shelter care 8
1920+designated by the court. 9
1921+
1922+ (c) If a parent, guardian, or custodian fails to bring the child before the court when 10
1923+requested, the court may: 11
1924+
1925+ (1) Issue a writ of attachment directing that the child be taken into custody 12
1926+and brought before the court; and 13
1927+
1928+ (2) Proceed against the parent, guardian, or custodian for contempt. 14
1929+
1930+ (D) IF A CHILD IS TAKEN I NTO CUSTODY UNDER TH IS SUBTITLE BY A LAW 15
1931+ENFORCEMENT OFFICER PURSUANT TO THE LAW OF ARREST , THE LAW 16
1932+ENFORCEMENT OFFICER SHALL: 17
1933+
1934+ (1) COMPLETE AND FORWARD A WRITTEN COMPLAINT OR CITATION 18
1935+TO THE DEPARTMENT OF JUVENILE SERVICES FOR PROCESSI NG UNDER § 3–8A–10 19
1936+OF THIS SUBTITLE; 20
1937+
1938+ (2) IF THE CHILD WAS REFE RRED TO AN AT–RISK YOUTH PREVENTIO N 21
1939+AND DIVERSION PROGRA M, AS DEFINED IN § 8–601 OF THE HUMAN SERVICES 22
1940+ARTICLE, COMPLETE AND FORWARD A WRITTEN REPORT TO THE DEPARTMENT OF 23
1941+JUVENILE SERVICES INDICATING T HAT THE CHILD WAS DI VERTED TO: 24
1942+
1943+ (I) A LAW ENFORCEMENT DIVE RSION PROGRAM , INCLUDING A 25
1944+DIVERSION PROGRAM OP ERATED BY A LOCAL STATE’S ATTORNEY; 26
1945+
1946+ (II) A DIVERSION PROGRAM OP ERATED BY ANOTHER AGENCY OR 27
1947+ORGANIZATION ; 28
1948+
1949+ (III) A LOCAL CARE TEAM ; OR 29
1950+
1951+ (IV) ANOTHER COMMUNITY –BASED SERVICE PROVID ER; OR 30
1952+ 42 HOUSE BILL 814
1953+
1954+
1955+ (3) COMPLETE AND FORWARD A WRITTEN REPORT TO THE 1
1956+DEPARTMENT OF JUVENILE SERVICES INDICATING T HAT NO FURTHER ACTIO N WAS 2
1957+TAKEN. 3
1958+
1959+ [(d)] (E) (1) (i) In this subsection the following words have the meanings 4
1960+indicated. 5
1961+
1962+ (ii) “Qualifying offense” has the meaning stated in § 8–302 of the 6
1963+Criminal Procedure Article. 7
1964+
1965+ (iii) “Sex trafficking” has the meaning stated in § 5–701 of the Family 8
1966+Law Article. 9
1967+
1968+ (iv) “Victim of human trafficking” has the meaning stated in § 8–302 10
1969+of the Criminal Procedure Article. 11
1970+
1971+ (2) In addition to the requirements for reporting child abuse and neglect 12
1972+under § 5–704 of the Family Law Article, if a law enforcement officer has reason to believe 13
1973+that a child who has been detained is a victim of sex trafficking or a victim of human 14
1974+trafficking, the law enforcement officer shall, as soon as practicable: 15
1975+
1976+ (i) Notify an appropriate regional navigator, as defined in § 5–704.4 16
1977+of the Family Law Article, for the jurisdiction where the child was taken into custody or 17
1978+where the child is a resident that the child is a suspected victim of sex trafficking or a 18
1979+suspected victim of human trafficking so the regional navigator can coordinate a service 19
1980+response; 20
1981+
1982+ (ii) Report to the local child welfare agency that the child is a 21
1983+suspected victim of sex trafficking or a suspected victim of human trafficking; and 22
1984+
1985+ (iii) Release the child to the child’s parents, guardian, or custodian if 23
1986+it is safe and appropriate to do so, or to the local child welfare agency if there is reason to 24
1987+believe that the child’s safety will be at risk if the child is returned to the child’s parents, 25
1988+guardian, or custodian. 26
1989+
1990+ (3) A law enforcement officer who takes a child who is a suspected victim of 27
1991+sex trafficking or a suspected victim of human trafficking into custody under subsection 28
1992+(a)(3) of this section may not detain the child in a juvenile detention facility, as defined under 29
1993+§ 9–237 of the Human Services Article, if the reason for detaining the child is a suspected 30
1994+commission of a qualifying offense or § 3–1102 of the Criminal Law Article. 31
1995+
1996+ [(e)] (F) The Supreme Court of Maryland may adopt rules concerning 32
1997+age–appropriate language to be used to advise a child who is taken into custody of the child’s 33
1998+rights. 34
1999+
2000+3–8A–15. 35 HOUSE BILL 814 43
2001+
2002+
2003+
2004+ (b) (3) (I) [A] SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , 1
2005+A child alleged to have committed a delinquent act may not be placed in detention before a 2
2006+hearing if the most serious offense would be a misdemeanor if committed by an adult, unless: 3
2007+
2008+ [(i)] 1. The act [involved a handgun and would be a violation 4
2009+under the Criminal Law Article or] WOULD BE A VIOLATION OF § 4–203 OR § 4–204 OF 5
2010+THE CRIMINAL LAW ARTICLE OR A VIOLATIO N OF § 5–133, § 5–134, § 5–138, § 5–142, 6
2011+§ 5–203, OR § 5–703 OF the Public Safety Article if committed by an adult; [or] 7
2012+
2013+ [(ii)] 2. The child has been adjudicated delinquent at least twice in 8
2014+the preceding [12 months] 2 YEARS; OR 9
2015+
2016+ 3. A. THE CHILD WAS UNDER T HE SUPERVISION OF 10
2017+THE DEPARTMENT OF JUVENILE SERVICES WHEN THE ALL EGED ACT OCCURRED ; 11
2018+AND 12
2019+
2020+ B. THE ALLEGED ACT , IF COMMITTED BY AN A DULT, 13
2021+WOULD BE SU BJECT TO A PENALTY O F IMPRISONMENT OF MO RE THAN 2 YEARS AND 14
2022+WOULD NOT CONSTITUTE ASSAULT IN THE SECON D DEGREE UNDER § 3–203 OF THE 15
2023+CRIMINAL LAW ARTICLE. 16
2024+
2025+ (II) EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION, 17
2026+A CHILD UNDER THE AG E OF 13 MAY NOT BE PLACED IN DETENTION IF: 18
2027+
2028+ 1. THE ACT WOULD BE A VI OLATION OF § 4–203 OR § 19
2029+4–204 OF THE CRIMINAL LAW ARTICLE OR A VIOLATIO N OF § 5–133, § 5–134, § 20
2030+5–138, § 5–142, § 5–203, OR § 5–703 OF THE PUBLIC SAFETY ARTICLE; AND 21
2031+
2032+ 2. THE CHILD HAS NOT PRE VIOUSLY BEEN 22
2033+ADJUDICATED DELINQUE NT FOR AN ACT THAT W OULD BE A VIOLATION § 4–203 OR § 23
2034+4–204 OF THE CRIMINAL LAW ARTICLE OR A VIOLATIO N OF § 5–133, § 5–134, § 24
2035+5–138, § 5–142, § 5–203, OR § 5–703 OF THE PUBLIC SAFETY ARTICLE. 25
2036+
2037+ (e) (3) (ii) If a child who has been released by the Department of Juvenile 26
2038+Services or the court into community detention violates the conditions of community 27
2039+detention, and it is necessary to protect the child or others, an intake officer may authorize 28
2040+the detention of the child. 29
2041+
2042+ (k) (1) [If] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 30
2043+SUBSECTION, IF a child remains in a facility used for detention, the Department of Juvenile 31
2044+Services shall: 32
2045+ 44 HOUSE BILL 814
2046+
2047+
2048+ [(1)] (I) Within 14 days after the child’s initial detention, appear at a 1
2049+hearing before the court with the child to explain the reasons for continued detention; and 2
2050+
2051+ [(2)] (II) Every 14 days thereafter, appear at another hearing before the 3
2052+court with the child to explain the reasons for continued detention. 4
2053+
2054+ (2) A HEARING REQUIRED UND ER THIS SUBSECTION MAY BE WA IVED 5
2055+ONE TIME ON THE CONS ENT OF THE COURT , THE STATE’S ATTORNEY, AND COUNSEL 6
2056+FOR THE CHILD. 7
2057+
2058+3–8A–19. 8
2059+
2060+ (d) (1) In making a disposition on a petition under this subtitle, the court may: 9
2061+
2062+ (i) Subject to § 3–8A–19.6 of this subtitle, place the child on 10
2063+probation or under supervision in his own home or in the custody or under the guardianship 11
2064+of a relative or other fit person, upon terms the court deems appropriate, including 12
2065+community detention; 13
2066+
2067+ (ii) Subject to the provisions of paragraphs (2) and (3) of this 14
2068+subsection, commit the child to the custody or under the guardianship of the Department of 15
2069+Juvenile Services, the Maryland Department of Health, or a public or licensed private agency 16
2070+on terms that the court considers appropriate to meet the priorities set forth in § 3–8A–02 of 17
2071+this subtitle, including designation of the type of facility where the child is to be 18
2072+accommodated, until custody or guardianship is terminated with approval of the court or 19
2073+as required under § 3–8A–24 of this subtitle; or 20
2074+
2075+ (iii) Order the child, parents, guardian, or custodian of the child to 21
2076+participate in rehabilitative services that are in the best interest of the child and the family. 22
2077+
2078+ (2) In addition to the provisions of paragraph (1) of this subsection, in 23
2079+making a disposition on a petition, the court may adopt a treatment service plan, as defined 24
2080+in § 3–8A–20.1 of this subtitle. 25
2081+
2082+ (3) (i) A child may not be committed to the Department of Juvenile 26
2083+Services for out–of–home placement if the most serious offense is: 27
2084+
2085+ 1. Possession of cannabis under § 5–601(c)(2)(ii) of the 28
2086+Criminal Law Article; 29
2087+
2088+ 2. An offense that would be a misdemeanor if committed by 30
2089+an adult, unless the offense involves a firearm; 31
2090+
2091+ 3. A technical violation, as defined in § 3–8A–19.6 of this 32
2092+subtitle; or 33
2093+ HOUSE BILL 814 45
2094+
2095+
2096+ 4. A first–time violation for making a false statement, report, 1
2097+or complaint of an emergency or a crime under § 9–501.1 of the Criminal Law Article. 2
2098+
2099+ (ii) This paragraph may not be construed to prohibit the court from 3
2100+committing the child to another appropriate agency. 4
2101+
2102+ (4) A child committed under paragraph (1)(ii) of this subsection may not be 5
2103+accommodated in a facility that has reached budgeted capacity if a bed is available in 6
2104+another comparable facility in the State, unless the placement to the facility that has reached 7
2105+budgeted capacity has been recommended by the Department of Juvenile Services. 8
2106+
2107+ (5) The court shall consider any oral address made in accordance with § 9
2108+11–403 of the Criminal Procedure Article or any victim impact statement, as described in § 10
2109+11–402 of the Criminal Procedure Article, in determining an appropriate disposition on a 11
2110+petition. 12
2111+
2112+ (6) (i) If the court finds that a child enrolled in a public elementary or 13
2113+secondary school is delinquent or in need of supervision and commits the child to the custody 14
2114+or under the guardianship of the Department of Juvenile Services, the court may notify the 15
2115+county superintendent, the supervisor of pupil personnel, or any other official designated by 16
2116+the county superintendent of the fact that the child has been found to be delinquent or in 17
2117+need of supervision and has been committed to the custody or under the guardianship of the 18
2118+Department of Juvenile Services. 19
2119+
2120+ (ii) If the court rescinds the commitment order for a child enrolled in 20
2121+a public elementary or secondary school, the court may notify the county superintendent, the 21
2122+supervisor of pupil personnel, or any other official designated by the county superintendent 22
2123+of the fact that the child is no longer committed to the custody of the Department of Juvenile 23
2124+Services. 24
2125+
2126+ (iii) The notice authorized under subparagraphs (i) and (ii) of this 25
2127+paragraph may not include any order or pleading related to the delinquency or child in need 26
2128+of supervision case. 27
2129+
2130+ (7) IF A CHILD PLACED IN COMMUNITY DETENTION UNDER AN 28
2131+ELECTRONIC MONITORIN G AGREEMENT UNDER TH IS SUBSECTION VIOLAT ES THE 29
2132+AGREEMENT , THE DEPARTMENT OF JUVENILE SERVICES SHALL NOTIFY WITHIN 24 30
2133+HOURS AFTER THE VIOL ATION: 31
2134+
2135+ (I) THE JUVENILE COURT ; 32
2136+
2137+ (II) THE OFFICE OF THE STATE’S ATTORNEY; AND 33
2138+
2139+ (III) THE CHILD’S DEFENSE ATTORNEY . 34
2140+
2141+3–8A–19.6. 35 46 HOUSE BILL 814
2142+
2143+
2144+
2145+ (a) (1) In this section[, “technical] THE FOLLOWING WORDS HAVE THE 1
2146+MEANINGS INDICATED . 2
2147+
2148+ (2) “GOOD CAUSE ” INCLUDES A CHILD HAV ING TWO OR MORE 3
2149+UNEXCUSED ABSENCES F ROM A TREATMENT PROG RAM THAT THE CHILD I S ORDERED 4
2150+TO ATTEND AS A CONDI TION OF PROBATION , UNLESS THE CHILD HAS 5
2151+SUBSTANTIALLY COMPLE TED THE TREATMENT PR OGRAM. 6
2152+
2153+ (3) “TECHNICAL violation” means a violation of probation that does not 7
2154+involve: 8
2155+
2156+ [(1)] (I) An arrest or a summons issued by a commissioner on a statement 9
2157+of charges filed by a law enforcement officer; 10
2158+
2159+ [(2)] (II) A violation of a criminal prohibition, or an act that would be a 11
2160+violation of a criminal prohibition if committed by an adult, other than a minor traffic 12
2161+offense; 13
2162+
2163+ [(3)] (III) A violation of a no–contact or stay–away order; or 14
2164+
2165+ [(4)] (IV) Absconding. 15
2166+
2167+ (b) This section does not apply to an offense committed by a child that, if 16
2168+committed by an adult, would be a felony and a crime of violence under § 14–101 of the 17
2169+Criminal Law Article. 18
2170+
2171+ (c) The court may not place a child on probation for a term exceeding that provided 19
2172+in this section. 20
2173+
2174+ (d) (1) Except as provided in paragraph (2) of this subsection, if the most 21
2175+serious offense committed by a child would be a misdemeanor if committed by an adult, the 22
2176+court may place the child on probation for a period not exceeding [6 months] 1 YEAR. 23
2177+
2178+ (2) Subject to paragraph (3) of this subsection, the court may, after a 24
2179+hearing, extend the probation by periods not exceeding 3 months if the court finds that: 25
2180+
2181+ (i) There is good cause to extend the probation; and 26
2182+
2183+ (ii) The purpose of extending the probation is to ensure that the child 27
2184+completes a treatment or rehabilitative program or service. 28
2185+
2186+ (3) The total period of the probation, including extensions of the probation, 29
2187+may not exceed [1 year] 2 YEARS. 30
2188+ HOUSE BILL 814 47
2189+
2190+
2191+ (e) (1) Except as provided in paragraph (2) of this subsection, if the most 1
2192+serious offense committed by a child would be a felony if committed by an adult, the court 2
2193+may place the child on probation for a period not exceeding [1 year] 2 YEARS. 3
2194+
2195+ (2) (i) Subject to paragraph (3) of this subsection, the court may, after a 4
2196+hearing, extend the probation by periods not exceeding 3 months if the court finds that: 5
2197+
2198+ 1. There is good cause to extend the probation; and 6
2199+
2200+ 2. The purpose of extending the probation is to ensure that the 7
2201+child completes a treatment or rehabilitative program or service. 8
2202+
2203+ (ii) Except as provided in paragraph (3) of this subsection, if the 9
2204+probation is extended under this paragraph, the total period of the probation may not exceed 10
2205+[2] 3 years. 11
2206+
2207+ (3) (i) Subject to subparagraph (ii) of this paragraph, the court may 12
2208+extend the period of the probation for a period of time greater than the period described in 13
2209+paragraph (2)(ii) of this subsection if, after a hearing, the court finds by clear and convincing 14
2210+evidence that: 15
2211+
2212+ 1. There is good cause to extend the probation; and 16
2213+
2214+ 2. Extending the probation is in the best interest of the child. 17
2215+
2216+ (ii) If the probation is extended under this paragraph, the total period 18
2217+of probation, including extensions under paragraph (2) of this subsection, may not exceed 19
2218+[3] 4 years. 20
2219+
2220+ (f) Notwithstanding any other provision of this section, if a child is found to have 21
2221+committed a violation of probation, except for a technical violation, a court may, after a 22
2222+hearing, place the child on a new term of probation for a period that is consistent with the 23
2223+period of probation that may be imposed under this section for the delinquent act for which 24
2224+the child was originally placed on probation. 25
2225+
2226+3–8A–19.7. 26
2227+
2228+ (a) In this section, “technical violation” has the meaning stated in § 3–8A–19.6 of 27
2229+this subtitle. 28
2230+
2231+ (b) A child may not be placed in a facility used for detention for a technical 29
2232+violation. 30
2233+
2234+3–8A–20.1. 31
2235+ 48 HOUSE BILL 814
2236+
2237+
2238+ (a) (1) In this section, “treatment service plan” means a plan recommended at 1
2239+a disposition hearing under § 3–8A–19 of this subtitle or at a disposition review hearing 2
2240+under this section by the Department of Juvenile Services to the court proposing specific 3
2241+assistance, guidance, treatment, or rehabilitation of a child. 4
2242+
2243+ (2) In making a treatment service plan, a juvenile counselor shall meet with 5
2244+the child who is the subject of the treatment service plan and the child’s parent, guardian, 6
2245+or legal custodian to discuss the treatment service plan. 7
2246+
2247+ (3) If a child’s parent, guardian, or legal custodian is unable or refuses to 8
2248+meet with the juvenile counselor, the treatment service plan shall indicate that the parent, 9
2249+guardian, or legal custodian is unable or refuses to meet, and the reason for the inability or 10
2250+refusal to meet, if known. 11
2251+
2252+ (4) At a minimum, the treatment service plan shall include: 12
2253+
2254+ (i) The recommended level of supervision for the child; 13
2255+
2256+ (ii) Specific goals for the child and family to meet, along with 14
2257+timelines for meeting those goals; 15
2258+
2259+ (iii) A statement of any condition that the child’s parent, guardian, or 16
2260+legal custodian must change in order to alleviate any risks to the child; 17
2261+
2262+ (iv) A statement of the services to be provided to the child and child’s 18
2263+family; and 19
2264+
2265+ (v) Any other information that may be necessary to make a 20
2266+disposition consistent with the child’s best interests and the protection of the public interest. 21
2267+
2268+ (b) (1) In making a disposition on a petition under § 3–8A–19 of this subtitle, if 22
2269+the court adopts a treatment service plan, the Department of Juvenile Services shall ensure 23
2270+that implementation of the treatment service plan occurs within 25 days after the date of 24
2271+disposition. 25
2272+
2273+ (2) If a treatment service plan requires specified supervision, mentoring, 26
2274+mediation, monitoring, or placement, implementation of the treatment service plan is 27
2275+considered to have occurred ONLY when the supervision, mentoring, mediation, monitoring, 28
2276+or placement occurs. 29
2277+
2278+ (3) The Department of Juvenile Services shall [certify] PROVIDE 30
2279+CERTIFICATION in writing to the court within 25 days after the date of disposition whether 31
2280+implementation of the treatment service plan has occurred AND EXPLAIN ATTEM PTS MADE 32
2281+TO ENSURE IMPLEMENTA TION. 33
2282+ HOUSE BILL 814 49
2283+
2284+
2285+ (4) THE DEPARTMENT OF JUVENILE SERVICES SHALL FORWAR D A 1
2286+COPY OF THE CERTIFIC ATION DESCRIBED IN P ARAGRAPH (3) OF THIS SUBSECTION 2
2287+TO THE COMMISSION ON JUVENILE JUSTICE REFORM AND EMERGING AND BEST 3
2288+PRACTICES UNDER § 9–3502 OF THE STATE GOVERNMENT ARTICLE SO THAT THE 4
2289+COMMISSION MAY EVALUA TE PATTERNS OF FAILE D IMPLEMENTATION . 5
2290+
2291+ (c) (1) If a treatment service plan is not implemented by the Department of 6
2292+Juvenile Services within 25 days under subsection (b)(3) of this section, the court shall 7
2293+schedule, within 7 days after receipt of the certification, a disposition review hearing to be 8
2294+held within 30 days after receipt of the certification. 9
2295+
2296+ (2) The court shall give at least 7 days’ notice of the date and time of the 10
2297+disposition review hearing to each party and to the Department of Juvenile Services. 11
2298+
2299+ (d) (1) The court shall hold a disposition review hearing unless the Department 12
2300+of Juvenile Services certifies in writing to the court prior to the hearing that implementation 13
2301+of the treatment service plan has occurred. 14
2302+
2303+ (2) At a disposition review hearing, the court may: 15
2304+
2305+ (i) Revise, in accordance with the provisions of § 3–8A–19 of this 16
2306+subtitle, the disposition previously made; and 17
2307+
2308+ (ii) Revise the treatment service plan previously adopted. 18
2309+
2310+ (e) This section may not be construed to provide entitlement to services not 19
2311+otherwise provided by law. 20
2312+
2313+ (f) The Supreme Court of Maryland may adopt rules to implement the provisions 21
2314+of this section. 22
2315+
2316+3–8A–25. 23
2317+
2318+ (A) If a child is committed under this subtitle to an individual or to a public or 24
2319+private agency or institution: 25
2320+
2321+ (1) The juvenile counselor shall visit the child at the child’s placement no 26
2322+less than once every month, if the placement is in the State; 27
2323+
2324+ (2) The court may order the juvenile counselor to visit the child more 28
2325+frequently than required by item (1) of this [section] SUBSECTION if the court deems it to 29
2326+be in the child’s best interests; and 30
2327+
2328+ (3) The court may require the custodian to file periodic written progress 31
2329+reports, with recommendations for further supervision, treatment, or rehabilitation. 32
2330+ 50 HOUSE BILL 814
2331+
2332+
2333+ (B) IF A CHILD IS PLACED ON PROBATION UNDER § 3–8A–19.6 OF THIS 1
2334+SUBTITLE, THE COURT SHALL BE P ROVIDED WITH A PROGR ESS REPORT IF THE CH ILD 2
2335+HAS TWO OR MORE UNEXCUSED ABSENCES F ROM A TREATMENT PROG RAM THAT THE 3
2336+CHILD IS ORDERED TO ATTEND AS A CONDITIO N OF PROBATION . 4
2337+
2338+3–8A–27. 5
2339+
2340+ (b) (1) A court record pertaining to a child is confidential and its contents may 6
2341+not be divulged, by subpoena or otherwise, except by order of the court upon good cause 7
2342+shown or as provided in §§ 7–303 and 22–309 of the Education Article. 8
2343+
2344+ (10) This subsection does not prohibit access to and confidential use of a court 9
2345+record by the [State Advisory Board for Juvenile Services] COMMISSION ON JUVENILE 10
2346+JUSTICE REFORM AND EMERGING AND BEST PRACTICES if the [Board] COMMISSION 11
2347+is performing the functions described under [§ 9–215(5) of the Human Services] § 9–3502 12
2348+OF THE STATE GOVERNMENT Article. 13
2349+
2350+Article – Criminal Procedure 14
2351+
2352+2–108. 15
2353+
2354+ (a) A law enforcement officer who charges a minor with a criminal offense shall 16
2355+make a reasonable attempt to provide actual notice to the parent or guardian of the minor 17
2356+of the charge. 18
2357+
2358+ (b) If a law enforcement officer takes a minor into custody, the law enforcement 19
2359+officer or the officer’s designee shall make a reasonable attempt to notify the parent or 20
2360+guardian of the minor in accordance with the requirements of § 3–8A–14 of the Courts 21
2361+Article. 22
2362+
2363+ (C) IF A LAW ENFORCEMENT OFFICER ALLEGES THE COMMISSION OF AN ACT 23
2364+BY A CHILD UNDER THE AGE OF 13 YEARS THAT, IF COMMITTED BY AN A DULT, WOULD 24
2365+CONSTITUTE THEFT OF A MOTOR VEHICLE UNDE R § 7–105 OF THE CRIMINAL LAW 25
2366+ARTICLE, THE LAW ENFORCEMENT OFFICER SHALL FORWAR D THE COMPLAINT TO 26
2367+THE DEPARTMENT OF JUVENILE SERVICES TO FILE A PETITION ALLEGING THAT THE 27
2368+CHILD IS IN NEED OF SUPERVISION. 28
2369+
2370+11–722. 29
2371+
2372+ (a) (1) In this section the following words have the meanings indicated. 30
2373+
2374+ (2) “County board” has the meaning stated in § 1–101 of the Education 31
2375+Article. 32
2376+ HOUSE BILL 814 51
2377+
2378+
2379+ (3) “JUVENILE REGISTRANT” HAS THE MEANING STAT ED IN § 1
2380+11–704.1 OF THIS SUBTITLE. 2
2381+
2382+ [(3)] (4) “State Board” has the meaning stated in § 1–101 of the Education 3
2383+Article. 4
2384+
2385+ (b) This section does not apply to a registrant OR A JUVENILE REGIST RANT who 5
2386+enters real property: 6
2387+
2388+ (1) where the registrant’s OR JUVENILE REGISTRA NT’S child is a student 7
2389+or receives child care, if: 8
2390+
2391+ (i) within the past year the registrant OR JUVENILE REGISTRA NT 9
2392+has been given the specific written permission of the Superintendent of Schools, the local 10
2393+school board, the principal of the school, or the owner or operator of the registered family 11
2394+child care home, licensed child care home, or licensed child care institution, as applicable; 12
2395+and 13
2396+
2397+ (ii) the registrant OR JUVENILE REGISTRA NT promptly notifies an 14
2398+agent or employee of the school, home, or institution of the registrant’s OR JUVENILE 15
2399+REGISTRANT’S presence and purpose of visit; or 16
2400+
2401+ (2) for the purpose of voting at a school on an election day in the State if the 17
2402+registrant OR JUVENILE REGISTRA NT is properly registered to vote and the registrant’s OR 18
2403+JUVENILE REGISTRANT ’S polling place is at the school. 19
2404+
2405+ (c) Except as provided in subsection (e) of this section, a registrant OR JUVENILE 20
2406+REGISTRANT may not knowingly enter onto real property: 21
2407+
2408+ (1) that is used for public or nonpublic elementary or secondary education; 22
2409+or 23
2410+
2411+ (2) on which is located: 24
2412+
2413+ (i) a family child care home registered under Title 5, Subtitle 5 of the 25
2414+Family Law Article; 26
2415+
2416+ (ii) a child care home or a child care institution licensed under Title 27
2417+5, Subtitle 5 of the Family Law Article; or 28
2418+
2419+ (iii) a home where informal child care, as defined in child care subsidy 29
2420+regulations adopted under Title 13A of the Code of Maryland Regulations, is being provided 30
2421+or will be provided to a child who does not reside there. 31
2422+ 52 HOUSE BILL 814
2423+
2424+
2425+ (d) A person who enters into a contract with a county board or a nonpublic school 1
2426+may not knowingly employ an individual to work at a school if the individual is a registrant 2
2427+OR JUVENILE REGISTRA NT. 3
2428+
2429+ (e) (1) A registrant OR JUVENILE REGISTRA NT who is a student may receive 4
2430+an education in accordance with State law in any of the following locations: 5
2431+
2432+ (i) a location other than a public or nonpublic elementary or 6
2433+secondary school, including by: 7
2434+
2435+ 1. participating in the Home and Hospital Teaching Program 8
2436+for Students; or 9
2437+
2438+ 2. participating in or attending a program approved by a 10
2439+county board under paragraph (2) of this subsection; 11
2440+
2441+ (ii) a Regional Institute for Children and Adolescents; or 12
2442+
2443+ (iii) a nonpublic educational program as provided by § 8–406 of the 13
2444+Education Article if: 14
2445+
2446+ 1. the registrant OR JUVENILE REGISTRA NT has notified an 15
2447+agent or employee of the nonpublic educational program that the registrant OR JUVENILE 16
2448+REGISTRANT is required to register under this subtitle; and 17
2449+
2450+ 2. the registrant OR JUVENILE REGISTRA NT has been given 18
2451+specific written permission by an agent or employee of the nonpublic educational program 19
2452+to attend the nonpublic educational program. 20
2453+
2454+ (2) Each county board shall develop and adopt a policy that enables a 21
2455+registrant OR JUVENILE REGISTRA NT who is a student to receive an education as described 22
2456+under paragraph (1) of this subsection. 23
2457+
2458+ (3) The State Board shall develop and adopt guidelines and a model policy 24
2459+to assist a county board with the development of a policy under paragraph (2) of this 25
2460+subsection. 26
2461+
2462+ (f) A person who violates subsection (c) or (d) of this section is guilty of a 27
2463+misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine 28
2464+not exceeding $5,000 or both. 29
2465+
2466+11–914. 30
2467+
2468+ Subject to the authority of the Executive Director, the Board shall: 31
2469+ HOUSE BILL 814 53
2470+
2471+
2472+ (9) (i) develop pamphlets to notify victims and victim’s representatives 1
2473+of the rights, services, and procedures provided under Article 47 of the Maryland Declaration 2
2474+of Rights or State law, how to request information regarding an unsolved case, HOW TO 3
2475+FILE A COMPLAINT TO THE DEPARTMENT OF JUVENILE SERVICES ALLEGING THA T A 4
2476+CHILD IS IN NEED OF SUPERVISION, and how to request that an offender be placed on 5
2477+electronic monitoring or electronic monitoring with victim stay–away alert technology, 6
2478+including: 7
2479+
2480+ 1. one pamphlet relating to the MDEC system protocol 8
2481+registration process and the time before and after the filing of a charging document other 9
2482+than an indictment or information in circuit court; and 10
2483+
2484+ 2. a second pamphlet relating to the time after the filing of an 11
2485+indictment or information in circuit court; and 12
2486+
2487+ (ii) develop a poster to notify victims of the right to request a private 13
2488+room in a law enforcement agency or unit to report crimes under Title 3 of the Criminal Law 14
2489+Article; and 15
2490+
2491+ SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 16
2492+as follows: 17
2493+
2494+Article – Human Services 18
2495+
2496+8–103. 19
2497+
2498+ (A) (1) THERE IS A GOVERNOR’S OFFICE FOR CHILDREN. 20
2499+
2500+ (2) THE OFFICE IS A SEPARATE UNIT WITHIN THE EXECUTIVE 21
2501+DEPARTMENT . 22
2502+
2503+ (B) THE PURPOSE OF THE OFFICE IS TO PROVIDE A COORDINATE D, 23
2504+COMPREHENSIVE , INTERAGENCY APPROACH TO PROMOTING THE WEL L–BEING OF 24
2505+CHILDREN AND FAMILIE S THROUGH A NETWORK OF SUPPORTS , PROGRAMS, AND 25
2506+SERVICES THAT ARE FA MILY AND CHILD–ORIENTED AND REDUCIN G THE NUMBER OF 26
2507+CHILDREN LIVING IN P OVERTY. 27
2508+
2509+ (C) THE GOVERNOR MAY PROVIDE FOR THE STRUCTURE , DUTIES, AND 28
2510+RESPONSIBILITIES OF THE OFFICE BY EXECUTIVE O RDER. 29
2511+
2512+8–104. 30
2513+
2514+ (A) THERE IS A CHILDREN’S CABINET ADMINISTERED BY THE GOVERNOR’S 31
2515+OFFICE FOR CHILDREN. 32
2516+ 54 HOUSE BILL 814
2517+
2518+
2519+ (B) THE PURPOSE OF THE CHILDREN’S CABINET IS TO PROMOTE THE 1
2520+VISION OF THE STATE FOR A STABLE , SAFE, AND HEALTHY ENVIRONM ENT FOR 2
2521+CHILDREN AND FAMILIE S. 3
2522+
2523+ (C) THE HEAD OF THE GOVERNOR’S OFFICE FOR CHILDREN SHALL SERVE 4
2524+AS THE CHAIR AND BE RESPONSI BLE FOR THE ADMINIST RATION AND OPERATION S 5
2525+OF THE CHILDREN’S CABINET. 6
2526+
2527+ (D) THE GOVERNOR MAY PROVIDE FOR THE STRUCTURE , DUTIES, AND 7
2528+RESPONSIBILITIES OF THE CHILDREN’S CABINET BY EXECUTIVE ORDER. 8
2529+
2530+8–601. 9
2531+
2532+ In this subtitle, “at–risk youth prevention and diversion program” means services 10
2533+provided to school–aged youth and their families to prevent or divert youth from entering 11
2534+the juvenile justice system and to help make them ready for adulthood by age 21. 12
2535+
2536+8–605. 13
2537+
2538+ On or before December 31 each year, the Office shall report: 14
2539+
2540+ (1) to the General Assembly, in accordance with § 2–1257 of the State 15
2541+Government Article, on the implementation and effectiveness of at–risk youth prevention and 16
2542+diversion programs; AND 17
2543+
2544+ (2) TO THE DEPARTMENT OF JUVENILE SERVICES ON: 18
2545+
2546+ (I) THE NUMBER OF CHILDR EN REFERRED TO AN AT–RISK 19
2547+YOUTH PREVENTION AND DIVERSION PROGRAM IN THE PREVIOUS YEAR ; 20
2548+
2549+ (II) THE AGE, GENDER, AND RACE OF CHILDREN REFERRED TO 21
2550+AN AT–RISK YOUTH PREVENTIO N AND DIVERSION PROG RAM IN THE PREVIOUS YEAR; 22
2551+AND 23
2552+
2553+ (III) THE NUMBER OF CHILDR EN CURRENTLY ENROLLE D IN AN 24
2554+AT–RISK YOUTH PREVENTIO N AND DIVERSION PROG RAM. 25
2555+
2556+9–101. 26
2557+
2558+ (a) In this title the following words have the meanings indicated. 27
2559+
2560+ (b) “Department” means the Department of Juvenile Services. 28
2561+
2562+ (c) “Secretary” means the Secretary of Juvenile Services. 29
2563+ HOUSE BILL 814 55
2564+
2565+
2566+ [(d) “State Advisory Board” means the State Advisory Board for Juvenile Services.] 1
2567+
2568+9–204. 2
2569+
2570+ (f) (1) The Secretary shall develop a State Comprehensive Juvenile Services 3
2571+3–Year Plan. 4
2572+
2573+ (2) The Plan shall: 5
2574+
2575+ (i) include an inventory of all in–day treatment programs and 6
2576+residential care programs and an accounting of the residence of all clients; 7
2577+
2578+ (ii) include an inventory of nonresidential treatment programs; 8
2579+
2580+ (iii) specify the needs of the various areas of services for clients, 9
2581+including alcohol and drug abuse rehabilitation services; 10
2582+
2583+ (iv) specify the needs of clients, including predelinquent diversion 11
2584+services programs; 12
2585+
2586+ (v) establish priorities for the different services needed; 13
2587+
2588+ (vi) set standards for the quality of residential services and outreach 14
2589+services; 15
2590+
2591+ (vii) include a program dedicated to reducing recidivism rates of 16
2592+clients; 17
2593+
2594+ (viii) include programs dedicated to diverting children from the 18
2595+juvenile justice system; [and] 19
2596+
2597+ (IX) INCLUDE PROGRAMS DEV ELOPED FOR YOUTH AT THE 20
2598+HIGHEST RISK OF BECOMI NG VICTIMS OR PERPET RATORS OF GUN VIOLEN CE; 21
2599+
2600+ (X) INCLUDE PROGRAMS DEV ELOPED SPECIFICALLY FOR 22
2601+INDIVIDUALS AT LEAST 10 YEARS OLD AND UNDER THE AGE OF 15 YEARS WHO ARE 23
2602+AT THE HIGHEST RISK OF BECOMING VICTIMS OR PERPETRATORS OF G UN VIOLENCE; 24
2603+
2604+ (XI) INCLUDE PROGRAMS DEV ELOPED FOR YOUTH INV OLVED IN 25
2605+MOTOR VEHICLE THEFT ; AND 26
2606+
2607+ [(ix)] (XII) include any other matters that the Secretary considers 27
2608+appropriate. 28
2609+ 56 HOUSE BILL 814
2610+
2611+
2612+ (3) The Plan shall be revised for each fiscal year and submitted, subject to 1
2613+§ 2–1257 of the State Government Article, to the General Assembly by February 1 of each 2
2614+year. 3
2615+
2616+[9–211. 4
2617+
2618+ There is a State Advisory Board for Juvenile Services in the Department.] 5
2619+
2620+[9–212. 6
2621+
2622+ (a) The State Advisory Board consists of the following members appointed by the 7
2623+Governor: 8
2624+
2625+ (1) one representative of the Department; 9
2626+
2627+ (2) one representative of the State Department of Education; 10
2628+
2629+ (3) one representative of the Maryland Department of Health; 11
2630+
2631+ (4) one representative of the Department of State Police; 12
2632+
2633+ (5) one representative of the Social Services Administration of the 13
2634+Department of Human Services; 14
2635+
2636+ (6) one representative of a private child welfare agency; 15
2637+
2638+ (7) one representative of a youth services bureau; 16
2639+
2640+ (8) three representatives of the State judiciary; 17
2641+
2642+ (9) one representative of the General Assembly recommended by the 18
2643+President of the Senate; 19
2644+
2645+ (10) one representative of the General Assembly recommended by the Speaker 20
2646+of the House; 21
2647+
2648+ (11) one representative of the Maryland State’s Attorneys’ Association; 22
2649+
2650+ (12) one representative of the Maryland Office of the Public Defender; and 23
2651+
2652+ (13) nine members of the general public. 24
2653+
2654+ (b) Of the nine members from the general public: 25
2655+
2656+ (1) three shall be chosen on the basis of their interest in and experience with 26
2657+minors and juvenile problems; 27 HOUSE BILL 814 57
2658+
2659+
2660+
2661+ (2) two shall: 1
2662+
2663+ (i) at the time of appointment to a first term, be at least 16 years old 2
2664+and under the age of 25 years; and 3
2665+
2666+ (ii) include at least one individual who has been under the 4
2667+jurisdiction of the Department; 5
2668+
2669+ (3) one shall be an individual who is a parent or guardian of a youth who 6
2670+has been under the jurisdiction of the Department; 7
2671+
2672+ (4) one shall be a victim advocate; and 8
2673+
2674+ (5) two shall be employees of the Department with different job titles, 9
2675+recommended by the President of the American Federation of State, County, and Municipal 10
2676+Employees, Council 3. 11
2677+
2678+ (c) (1) The term of a member is 3 years. 12
2679+
2680+ (2) The terms of the members are staggered as required by the terms 13
2681+provided for members of the State Advisory Board on October 1, 2007. 14
2682+
2683+ (3) At the end of a term, a member continues to serve until a successor is 15
2684+appointed and qualifies. 16
2685+
2686+ (4) A member who is appointed after a term has begun serves only for the 17
2687+rest of the term and until a successor is appointed and qualifies. 18
2688+
2689+ (5) A member who serves two consecutive full 3–year terms may not be 19
2690+reappointed for 3 years after completion of those terms.] 20
2691+
2692+[9–213. 21
2693+
2694+ (a) From among the members of the State Advisory Board, the Governor shall 22
2695+appoint a chair. 23
2696+
2697+ (b) (1) From among the members of the State Advisory Board, the chair shall 24
2698+appoint a secretary. 25
2699+
2700+ (2) The secretary shall keep full and accurate minutes of each State 26
2701+Advisory Board meeting.] 27
2702+
2703+[9–214. 28
2704+ 58 HOUSE BILL 814
2705+
2706+
2707+ (a) The State Advisory Board shall meet regularly at least six times a year on the 1
2708+call of its chair. 2
2709+
2710+ (b) A member of the State Advisory Board: 3
2711+
2712+ (1) may not receive compensation as a member of the State Advisory Board; 4
2713+but 5
2714+
2715+ (2) is entitled to reimbursement for expenses under the Standard State 6
2716+Travel Regulations, as provided in the State budget. 7
2717+
2718+ (c) A member of the State Advisory Board may not have a direct or indirect interest 8
2719+in any contract for building, repairing, equipping, or providing materials or supplies to the 9
2720+Department or have any other financial interest in a contract with the Department.] 10
2721+
2722+[9–215. 11
2723+
2724+ In addition to its other duties specified in this title, the State Advisory Board shall: 12
2725+
2726+ (1) consult with and advise the Secretary on: 13
2727+
2728+ (i) each aspect of the juvenile services program in the State; 14
2729+
2730+ (ii) the educational programs and services of the Department; 15
2731+
2732+ (iii) programs designed to divert children from the juvenile justice 16
2733+system; and 17
2734+
2735+ (iv) the treatment and programming needs of females in the juvenile 18
2736+justice system; 19
2737+
2738+ (2) recommend to the Secretary policies and programs to improve juvenile 20
2739+services in the State; 21
2740+
2741+ (3) participate in interpreting for the public the objectives of the 22
2742+Department; 23
2743+
2744+ (4) participate in planning the development and use of available resources 24
2745+to meet the needs of the Department; and 25
2746+
2747+ (5) examine and review fatalities involving children under the supervision 26
2748+of the Department for the purpose of advising the Secretary on policies and programs to 27
2749+prevent fatalities, including: 28
2750+
2751+ (i) a death caused by a child under the supervision of the 29
2752+Department, if the child is convicted or adjudicated for the death; and 30
2753+ HOUSE BILL 814 59
2754+
2755+
2756+ (ii) the death of a child under the supervision of the Department.] 1
2757+
2758+[9–230. 2
2759+
2760+ (a) With the consent of the State Advisory Board, the Secretary may establish an 3
2761+advisory board for one or more facilities. 4
2762+
2763+ (b) Each board shall consist of individuals that the Secretary and the State 5
2764+Advisory Board consider to be helpful in matters that relate to the effective operation and 6
2765+improvement of the facility. 7
2766+
2767+ (c) A representative of the Juvenile Justice Monitoring Unit of the Office of the 8
2768+Attorney General established under Title 6, Subtitle 4 of the State Government Article shall 9
2769+be available to attend meetings of each advisory board.] 10
2770+
2771+Article – Public Safety 11
2772+
2773+3–531. 12
2774+
2775+ (A) THERE IS A GOVERNOR’S OFFICE OF CRIME PREVENTION AND POLICY. 13
2776+
2777+ (B) THE OFFICE IS A SEPARATE UNIT WITHIN THE EXECUTIVE 14
2778+DEPARTMENT . 15
2779+
2780+ (C) THE GOVERNOR MAY PROVIDE FOR THE STRUCTURE , DUTIES, AND 16
2781+RESPONSIBILITIES OF THE OFFICE BY EXECUTIVE O RDER. 17
2782+
2783+Article – State Government 18
2784+
2785+6–401. 19
2786+
2787+ (a) In this subtitle the following words have the meanings indicated. 20
2788+
2789+ (i) “Unit” means the Juvenile Justice Monitoring Unit of the Office of the Attorney 21
2790+General. 22
2791+
2792+6–406. 23
2793+
2794+ (a) The Unit shall report in a timely manner to the Deputy Director, the Secretary, 24
2795+THE COMMISSION ON JUVENILE JUSTICE REFORM AND EMERGING AND BEST 25
2796+PRACTICES, and, in accordance with § 2–1257 of this article, the Speaker of the House of 26
2797+Delegates and the President of the Senate: 27
2798+
2799+ (1) knowledge of any problem regarding the care, supervision, and 28
2800+treatment of children in facilities; 29
2801+ 60 HOUSE BILL 814
2802+
2803+
2804+ (2) findings, actions, and recommendations, related to the investigations of 1
2805+disciplinary actions, grievances, incident reports, and alleged cases of child abuse and 2
2806+neglect; and 3
2807+
2808+ (3) all other findings and actions related to the monitoring required under 4
2809+this subtitle. 5
2810+
2811+ (b) (1) The Unit shall report quarterly to the Executive Director and the 6
2812+Secretary. 7
2813+
2814+ (2) A copy of the report shall be provided to the [State Advisory Board for 8
2815+Juvenile Services] COMMISSION ON JUVENILE JUSTICE REFORM AND EMERGING AND 9
2816+BEST PRACTICES and, in accordance with § 2–1257 of this article, the General Assembly. 10
2817+
2818+ (3) The report shall include: 11
2819+
2820+ (i) all activities of the Unit; 12
2821+
2822+ (ii) actions taken by the Department resulting from the findings and 13
2823+recommendations of the Unit, including the Department’s response; and 14
2824+
2825+ (iii) a summary of any violations of the standards and regulations of 15
2826+the Department that remained unabated for 30 days or more during the reporting period. 16
2827+
2828+ (c) Beginning in 2006, on or before November 30 of each year, the Unit shall report 17
2829+to the Executive Director, the Secretary, the [advisory boards established under § 9–230 of 18
2830+the Human Services Article] COMMISSION ON JUVENILE JUSTICE REFORM AND 19
2831+EMERGING AND BEST PRACTICES, the Governor, and, in accordance with § 2–1257 of this 20
2832+article, the General Assembly, on all the activities of the Office and the actions taken by the 21
2833+Department in response to findings and recommendations of the Unit. 22
2834+
2835+9–3501. 23
2836+
2837+ In this subtitle, “Commission” means the Commission on Juvenile Justice Reform and 24
2838+Emerging and Best Practices. 25
2839+
2840+9–3502. 26
2841+
2842+ (a) There is a Commission on Juvenile Justice Reform and Emerging and Best 27
2843+Practices. 28
2844+
2845+ (b) (1) The Commission consists of the following members: 29
2846+
2847+ [(1)] (I) two members of the Senate of Maryland, appointed by the 30
2848+President of the Senate; 31
2849+ HOUSE BILL 814 61
2850+
2851+
2852+ [(2)] (II) two members of the House of Delegates, appointed by the Speaker 1
2853+of the House; 2
2854+
2855+ [(3)] (III) the Secretary of Juvenile Services; 3
2856+
2857+ [(4)] (IV) the Secretary of Human Services; and 4
2858+
2859+ [(5)] (V) the following members, appointed by the Governor: 5
2860+
2861+ [(i)] 1. one representative of an institute for public policy that 6
2862+specializes in juvenile justice issues in the State; 7
2863+
2864+ [(ii)] 2. one representative of an institute operated by the University 8
2865+of Maryland specializing in providing evidence–based and culturally competent services for 9
2866+juveniles; [and] 10
2867+
2868+ [(iii)] 3. [three representatives] ONE REPRESENTATIVE with 11
2869+relevant education and experience; 12
2870+
2871+ 4. ONE LOCAL SCHOOL SUP ERINTENDENT ; 13
2872+
2873+ 5. ONE SCHOOL PRINCIPAL ; 14
2874+
2875+ 6. ONE REPRESENTATIVE O F AN ORGANIZATION TH AT 15
2876+PROVIDES SERVICES TO CHILDREN INVOLVED IN THE JUVE NILE JUSTICE SYSTEM ; 16
2877+
2878+ 7. ONE REPRESENTATIVE O F THE MARYLAND 17
2879+DEPARTMENT OF HEALTH; 18
2880+
2881+ 8. ONE REPRESENTATIVE O F A PRIVATE CHILD WE LFARE 19
2882+AGENCY; 20
2883+
2884+ 9. ONE REPRESENTATIVE O F A YOUTH SERVICES 21
2885+BUREAU; 22
2886+
2887+ 10. ONE REPRESENTATIVE O F THE STATE JUDICIARY; 23
2888+
2889+ 11. ONE REPRESENTATIVE O F THE MARYLAND STATE’S 24
2890+ATTORNEYS’ ASSOCIATION; 25
2891+
2892+ 12. ONE REPRESENTATIVE O F THE MARYLAND OFFICE OF 26
2893+THE PUBLIC DEFENDER; 27
2894+
2895+ 13. ONE REPRESENTATIVE O F THE MARYLAND CHIEFS OF 28
2896+POLICE ASSOCIATION; 29 62 HOUSE BILL 814
2897+
2898+
2899+
2900+ 14. ONE REPRESENTATIVE OF THE MARYLAND SHERIFFS’ 1
2901+ASSOCIATION; 2
2902+
2903+ 15. ONE REPRESENTATIVE O F THE MARYLAND 3
2904+CONSORTIUM ON COORDINATED COMMUNITY SUPPORTS; AND 4
2905+
2906+ 16. SEVEN MEMBERS OF THE GENERAL PUBLIC . 5
2907+
2908+ (2) OF THE SEVEN MEMBERS OF THE GENERAL PUBLI C: 6
2909+
2910+ (I) ONE SHALL BE CHOSEN ON THE BASIS OF THE MEMBER’S 7
2911+INTEREST IN AND EXPE RIENCE WITH MINORS A ND JUVENILE PROBLEMS ; 8
2912+
2913+ (II) TWO SHALL: 9
2914+
2915+ 1. AT THE TIME OF THE A PPOINTMENT TO A FIRS T TERM, 10
2916+BE AT LEAST 16 YEARS OLD AND UNDER THE AGE OF 30 YEARS; AND 11
2917+
2918+ 2. INCLUDE AT LEAST ONE INDIVIDUAL WHO HAS B EEN 12
2919+UNDER THE JURISDICTI ON OF THE DEPARTMENT OF JUVENILE SERVICES; 13
2920+
2921+ (III) ONE SHALL BE AN INDI VIDUAL WHO IS A PARE NT OR 14
2922+GUARDIAN OF A YOUTH WHO HAS BEEN UNDER T HE JURISDICTION OF T HE 15
2923+DEPARTMENT OF JUVENILE SERVICES; 16
2924+
2925+ (IV) ONE SHALL BE A VICTI M ADVOCATE; AND 17
2926+
2927+ (V) TWO SHALL BE EMPLOYE ES OF THE DEPARTMENT OF 18
2928+JUVENILE SERVICES WITH DIFFERE NT JOB TITLES , RECOMMENDED BY THE 19
2929+PRESIDENT OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL 20
2930+EMPLOYEES, COUNCIL 3. 21
2931+
2932+ (C) (1) THE TERM OF AN APPOIN TED MEMBER IS 3 YEARS. 22
2933+
2934+ (2) THE TERMS OF THE APPO INTED MEMBERS ARE ST AGGERED AS 23
2935+REQUIRED BY THE TERM S PROVIDED FOR MEMBE RS OF THE COMMISSION ON JUNE 24
2936+1, 2024. 25
2937+
2938+ (3) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL A 26
2939+SUCCESSOR IS APPOINT ED AND QUALIFIES . 27
2940+ HOUSE BILL 814 63
2941+
2942+
2943+ (4) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES 1
2944+ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND 2
2945+QUALIFIES. 3
2946+
2947+ (5) AN APPOINTED MEMBER W HO SERVES TWO CONSEC UTIVE FULL 4
2948+3–YEAR TERMS MAY NOT BE REA PPOINTED FOR 3 YEARS AFTER COMPLETI ON OF 5
2949+THOSE TERMS . 6
2950+
2951+ [(c)] (D) (1) [The Governor shall designate the chair of the Commission] 7
2952+FROM AMONG THE MEMBER S OF THE COMMISSION, THE GOVERNOR, THE 8
2953+PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE HOUSE SHALL APPOINT A 9
2954+CHAIR. 10
2955+
2956+ (2) (I) FROM AMONG THE MEMBER S OF THE COMMISSION, THE 11
2957+CHAIR SHALL APPOINT A SECRETARY. 12
2958+
2959+ (II) THE SECRETARY SHALL KEEP FULL AND ACCURA TE 13
2960+MINUTES OF EACH COMMISSION MEETING . 14
2961+
2962+ [(d)] (E) The [Department of Juvenile Services and the Department of Human 15
2963+Services] GOVERNOR’S OFFICE OF CRIME PREVENTION AND POLICY shall provide 16
2964+staff for the Commission. 17
2965+
2966+ [(e)] (F) (1) THE COMMISSION SHALL MEET REGULARLY AT LEAST S IX 18
2967+TIMES A YEAR ON THE CALL OF ITS CHAIR. 19
2968+
2969+ (2) A member of the Commission: 20
2970+
2971+ [(1)] (I) may not receive compensation as a member of the Commission; 21
2972+but 22
2973+
2974+ [(2)] (II) is entitled to reimbursement for expenses under the Standard 23
2975+State Travel Regulations, as provided in the State budget. 24
2976+
2977+ [(f)] (G) The Commission shall: 25
2978+
2979+ (1) REVIEW AND REPORT ON : 26
2980+
2981+ (I) ALL JUVENILE SERVICE S, FACILITIES, AND PROGRAMS IN 27
2982+THE STATE; 28
2983+
2984+ (II) THE EDUCATIONAL PROG RAMS AND SERVICE S OF THE 29
2985+DEPARTMENT OF JUVENILE SERVICES; 30
2986+ 64 HOUSE BILL 814
2987+
2988+
2989+ (III) PROGRAMS DESIGNED TO DIVERT CHILDREN FROM THE 1
2990+JUVENILE JUSTICE SYS TEM; 2
2991+
2992+ (IV) THE TREATMENT AND PR OGRAMMING NEEDS OF F EMALES IN 3
2993+THE JUVENILE JUSTICE SYSTEM; 4
2994+
2995+ (V) 1. THE USE OF CHILD IN NEED OF SUPERVISION 5
2996+PETITIONS; AND 6
2997+
2998+ 2. THE NUMBER OF CHILD IN NEED OF SUPERVISI ON 7
2999+PETITIONS AUTHORIZED OR DENIED BY JURISDI CTION; AND 8
3000+
3001+ (VI) THE WAIT TIMES FOR P LACEMENT OF CHILDREN IN 9
3002+FACILITIES; 10
3003+
3004+ [(1)] (2) research culturally competent, evidence–based, research–based, 11
3005+and promising PROGRAMS AND practices relating to: 12
3006+
3007+ (i) child welfare; 13
3008+
3009+ (ii) juvenile rehabilitation; 14
3010+
3011+ (iii) mental health services for children; and 15
3012+
3013+ (iv) prevention and intervention services for juveniles; 16
3014+
3015+ [(2)] (3) evaluate the cost–effectiveness of EXISTING AND PROMISI NG 17
3016+PROGRAMS AND practices researched by the Commission; 18
3017+
3018+ [(3)] (4) identify means of evaluating the effectiveness of PROGRAMS AND 19
3019+practices researched by the Commission; [and] 20
3020+
3021+ [(4)] (5) giving special attention to organizations located in or serving 21
3022+historically underserved communities, identify strategies to enable community–based 22
3023+organizations that provide services for juveniles to evaluate and validate services and 23
3024+programming provided by those organizations; 24
3025+
3026+ (6) REVIEW DATA RELATING TO ARRESTS , COMPLETION OF 25
3027+PROGRAMMING , AND RECIDIVISM FROM THE MARYLAND LONGITUDINAL DATA 26
3028+SYSTEM CENTER; 27
3029+
3030+ (7) IDENTIFY OPPORTUNITI ES FOR GREATER COORD INATION 28
3031+BETWEEN THE DEPARTMENT OF JUVENILE SERVICES, THE OFFICE OF THE STATE’S 29
3032+ATTORNEY, LAW ENFORCEMENT , AND LOCAL ORGANIZATI ONS THAT PROVIDE 30
3033+SERVICES TO JUVENILE S; 31 HOUSE BILL 814 65
3034+
3035+
3036+
3037+ (8) RECOMMEND POLICIES A ND PROGRAMS TO IMPRO VE JUVENILE 1
3038+SERVICES IN THE STATE; 2
3039+
3040+ (9) PARTICIPATE IN INTER PRETING FOR THE PUBL IC THE 3
3041+OBJECTIVES OF THE JUVENILE SERV ICES IN THE STATE; 4
3042+
3043+ (10) PARTICIPATE IN PLANN ING THE DEVELOPMENT AND USE OF 5
3044+AVAILABLE RESOURCES TO MEET THE NEEDS OF JUVENILES; 6
3045+
3046+ (11) COORDINATE WITH THE MARYLAND DEPARTMENT OF LABOR TO 7
3047+IDENTIFY POTENTIAL J OB AND APPRENTICESHI P OPPORTUNITIES FOR JUVENI LES 8
3048+UNDER THE SUPERVISIO N OF THE DEPARTMENT OF JUVENILE SERVICES; AND 9
3049+
3050+ (12) EXAMINE AND REVIEW F ATALITIES INVOLVING CHILDREN UNDER 10
3051+THE SUPERVISION OF T HE DEPARTMENT OF JUVENILE SERVICES FOR THE PURP OSE 11
3052+OF PROVIDING RECOMME NDATIONS ON POLICIES AND PROGRAM S TO PREVENT 12
3053+FATALITIES, INCLUDING: 13
3054+
3055+ (I) A DEATH CAUSED BY A CHILD UNDER THE SUPE RVISION OF 14
3056+THE DEPARTMENT OF JUVENILE SERVICES, IF THE CHILD IS CONV ICTED OR 15
3057+ADJUDICATED DELINQUE NT FOR THE DEATH ; AND 16
3058+
3059+ (II) THE DEATH OF A CHILD UNDER THE SUPERVISIO N OF THE 17
3060+DEPARTMENT OF JUVENILE SERVICES. 18
3061+
3062+ [(g)] (H) On or before [December 31, 2023] OCTOBER 1, 2025, and on or before 19
3063+[December 31] OCTOBER 1 each year thereafter, the Commission shall report its findings 20
3064+to the Governor and, in accordance with § 2–1257 of this article, the General Assembly. 21
3065+
3066+Article – State Government 22
3067+
3068+6–401. 23
3069+
3070+ (a) In this subtitle the following words have the meanings indicated. 24
3071+
3072+ (i) “Unit” means the Juvenile Justice Monitoring Unit of the Office of the 25
3073+Attorney General. 26
3074+
3075+6–406. 27
3076+
3077+ (a) The Unit shall report in a timely manner to the Deputy Director, the 28
3078+Secretary, THE COMMISSION ON JUVENILE JUSTICE REFORM AND EMERGING A ND 29
3079+BEST PRACTICES, and, in accordance with § 2–1257 of this article, the Speaker of the 30
3080+House of Delegates and the President of the Senate: 31 66 HOUSE BILL 814
3081+
3082+
3083+
3084+ (1) knowledge of any problem regarding the care, supervision, and 1
3085+treatment of children in facilities; 2
3086+
3087+ (2) findings, actions, and recommendations, related to the investigations of 3
3088+disciplinary actions, grievances, incident reports, and alleged cases of child abuse and 4
3089+neglect; and 5
3090+
3091+ (3) all other findings and actions related to the monitoring required under 6
3092+this subtitle. 7
3093+
3094+ (b) (1) The Unit shall report [quarterly] EVERY 6 MONTHS to the Executive 8
3095+Director and the Secretary. 9
3096+
3097+ (2) A copy of the report shall be provided to the [State Advisory Board for 10
3098+Juvenile Services] COMMISSION ON JUVENILE JUSTICE REFORM AND EMERGING 11
3099+AND BEST PRACTICES and, in accordance with § 2–1257 of this article, the General 12
3100+Assembly. 13
3101+
3102+ (3) The report shall include: 14
3103+
3104+ (i) all activities of the Unit; 15
3105+
3106+ (ii) actions taken by the Department resulting from the findings and 16
3107+recommendations of the Unit, including the Department’s response; [and] 17
3108+
3109+ (iii) a summary of any violations of the standards and regulations of 18
3110+the Department that remained unabated for 30 days or more during the reporting period; 19
3111+AND 20
3112+
3113+ (IV) 1. A SUMMARY OF SERVICE S THAT ARE PROVIDED TO 21
3114+CHILDREN UNDER THE S UPERVISION OF THE DEPARTMENT ; AND 22
3115+
3116+ 2. A LIST OF ANY NECESS ARY SERVICES THAT AR E NOT 23
3117+BEING PROVIDED TO CH ILDREN UNDER THE SUP ERVISION OF THE DEPARTMENT . 24
3118+
3119+ (c) Beginning in 2006, on or before November 30 of each year, the Unit shall 25
3120+report to the Executive Director, the Secretary, [the advisory boards established under § 26
3121+9–230 of the Human Services Article] THE COMMISSION ON JUVENILE JUSTICE 27
3122+REFORM AND EMERGING AND BEST PRACTICES, the Governor, and, in accordance with 28
3123+§ 2–1257 of this article, the General Assembly, on all the activities of the Office and the 29
3124+actions taken by the Department in response to findings and recommendations of the Unit. 30
3125+
3126+9–3501. 31
3127+ HOUSE BILL 814 67
3128+
3129+
3130+ In this subtitle, “Commission” means the Commission on Juvenile Justice Reform 1
3131+and Emerging and Best Practices. 2
3132+
3133+9–3502. 3
3134+
3135+ (a) There is a Commission on Juvenile Justice Reform and Emerging and Best 4
3136+Practices. 5
3137+
3138+ (b) (1) The Commission consists of the following members: 6
3139+
3140+ [(1)] (I) two members of the Senate of Maryland, appointed by the 7
3141+President of the Senate; 8
3142+
3143+ [(2)] (II) two members of the House of Delegates, appointed by the 9
3144+Speaker of the House; 10
3145+
3146+ [(3)] (III) the Secretary of Juvenile Services; 11
3147+
3148+ [(4)] (IV) the Secretary of Human Services; and 12
3149+
3150+ [(5)] (V) the following members, appointed by the Governor: 13
3151+
3152+ [(i)] 1. one representative of an institute for public policy that 14
3153+specializes in juvenile justice issues in the State; 15
3154+
3155+ [(ii)] 2. one representative of an institute operated by the 16
3156+University of Maryland specializing in providing evidence–based and culturally competent 17
3157+services for juveniles; [and] 18
3158+
3159+ [(iii)] 3. [three representatives] ONE REPRESENTATIVE with 19
3160+relevant education and experience; 20
3161+
3162+ 4. ONE REPRESENTATIVE O F THE STATE DEPARTMENT 21
3163+OF EDUCATION; 22
3164+
3165+ 5. ONE REPRESENTATIVE O F THE MARYLAND 23
3166+DEPARTMENT OF HEALTH; 24
3167+
3168+ 6. ONE REPRESENTATIVE O F THE DEPARTMENT OF 25
3169+STATE POLICE; 26
3170+
3171+ 7. ONE REPRESENTATIVE O F A PRIVATE CHILD 27
3172+WELFARE AGENCY ; 28
3173+ 68 HOUSE BILL 814
3174+
3175+
3176+ 8. ONE REPRESENTATIVE O F A YOUTH SERVICES 1
3177+BUREAU; 2
3178+
3179+ 9. ONE REPRESENTATIVE O F THE STATE JUDICIARY ; 3
3180+
3181+ 10. ONE REPRESENTATIVE O F THE MARYLAND STATE’S 4
3182+ATTORNEYS’ ASSOCIATION; 5
3183+
3184+ 11. ONE REPRESENTATIVE O F THE MARYLAND OFFICE 6
3185+OF THE PUBLIC DEFENDER; 7
3186+
3187+ 12. ONE REPRESENTATIVE O F EITHER THE MARYLAND 8
3188+CHIEFS OF POLICE ASSOCIATION OR THE MARYLAND SHERIFFS’ ASSOCIATION; 9
3189+AND 10
3190+
3191+ 13. FIVE MEMBERS OF THE GENERAL PUBLIC . 11
3192+
3193+ (2) OF THE FIVE MEMBERS F ROM THE GENERAL PUBL IC: 12
3194+
3195+ (I) ONE SHALL BE CHOSEN ON T HE BASIS OF THE MEMB ER’S 13
3196+INTEREST IN AND EXPE RIENCE WITH MINORS A ND JUVENILE PROBLEMS ; 14
3197+
3198+ (II) TWO SHALL: 15
3199+
3200+ 1. AT THE TIME OF APPOI NTMENT TO A FIRST TE RM, BE 16
3201+AT LEAST 16 YEARS OLD AND UNDER THE AGE OF 30 YEARS; AND 17
3202+
3203+ 2. INCLUDE AT LEAST ONE INDIVID UAL WHO HAS BEEN 18
3204+UNDER THE JURISDICTI ON OF THE DEPARTMENT ; 19
3205+
3206+ (III) ONE SHALL BE AN INDI VIDUAL WHO IS A PARE NT OR 20
3207+GUARDIAN OF A YOUTH WHO HAS BEEN UNDER T HE JURISDICTION OF T HE 21
3208+DEPARTMENT ; AND 22
3209+
3210+ (IV) ONE SHALL BE A VICTI M ADVOCATE. 23
3211+
3212+ (C) (1) THE TERM OF A MEMBER IS 3 YEARS. 24
3213+
3214+ (2) THE TERMS OF THE MEMB ERS ARE STAGGERED AS REQUIRED BY 25
3215+THE TERMS PROVIDED F OR MEMBERS OF THE COMMISSION ON OCTOBER 1, 2024. 26
3216+
3217+ (3) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL 27
3218+A SUCCESSOR IS APPOI NTED AND QUALIFIES . 28
3219+ HOUSE BILL 814 69
3220+
3221+
3222+ (4) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES 1
3223+ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND 2
3224+QUALIFIES. 3
3225+
3226+ (5) A MEMBER WHO SERVES TW O CONSECUTIVE FULL 3–YEAR TERMS 4
3227+MAY NOT BE REAPPOINT ED FOR 3 YEARS AFTER COMPLETI ON OF THOSE TERMS . 5
3228+
3229+ [(c)] (D) (1) [The Governor shall designate the chair of the Commission.] 6
3230+FROM AMONG THE MEMBER S OF THE COMMISSION, THE GOVERNOR SHALL 7
3231+APPOINT A CHAIR . 8
3232+
3233+ (2) (I) FROM AMONG THE MEMBER S OF THE COMMISSION, THE 9
3234+CHAIR SHALL APPOINT A SECR ETARY. 10
3235+
3236+ (II) THE SECRETARY SHALL K EEP FULL AND ACCURAT E 11
3237+MINUTES OF EACH COMMISSION MEETING . 12
3238+
3239+ [(d)] (E) The [Department of Juvenile Services and the Department of Human 13
3240+Services] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM 14
3241+SERVICES shall provide staff for the Commission. 15
3242+
3243+ [(e)] (F) (1) THE COMMISSION SHALL MEET REGULARLY AT LEAST S IX 16
3244+TIMES A YEAR ON THE CALL OF ITS CHAIR. 17
3245+
3246+ (2) A member of the Commission: 18
3247+
3248+ [(1)] (I) may not receive compensation as a member of the Commission; 19
3249+but 20
3250+
3251+ [(2)] (II) is entitled to reimbursement for expenses under the Standard 21
3252+State Travel Regulations, as provided in the State budget. 22
3253+
3254+ [(f)] (G) The Commission shall: 23
3255+
3256+ (1) REVIEW: 24
3257+
3258+ (I) EACH ASPECT OF THE J UVENILE SERVICES PRO GRAM IN 25
3259+THE STATE; 26
3260+
3261+ (II) THE EDUCATIONAL PROG RAMS AND SERVICES OF THE 27
3262+DEPARTMENT ; 28
3263+
3264+ (III) PROGRAMS DESIGNED TO DIVERT CHILDREN FROM THE 29
3265+JUVENILE JUSTICE SYS TEM; AND 30 70 HOUSE BILL 814
3266+
3267+
3268+
3269+ (IV) THE TREATMENT AND PR OGRAMMING NEEDS OF FEMALES 1
3270+IN THE JUVENILE JUST ICE SYSTEM; 2
3271+
3272+ [(1)] (2) research culturally competent, evidence–based, research–based, 3
3273+and promising PROGRAMS AND practices relating to: 4
3274+
3275+ (i) child welfare; 5
3276+
3277+ (ii) juvenile rehabilitation; 6
3278+
3279+ (iii) mental health services for children; and 7
3280+
3281+ (iv) prevention and intervention services for juveniles; 8
3282+
3283+ [(2)] (3) evaluate the cost–effectiveness of EXISTING AND PROMISI NG 9
3284+PROGRAMS AND practices researched by the Commission; 10
3285+
3286+ [(3)] (4) identify means of evaluating the effectiveness of PROGRAMS 11
3287+AND practices researched by the Commission; [and] 12
3288+
3289+ [(4)] (5) giving special attention to organizations located in or serving 13
3290+historically underserved communities, identify strategies to enable community–based 14
3291+organizations that provide services for juveniles to evaluate and validate services and 15
3292+programming provided by those organizations; 16
3293+
3294+ (6) REVIEW DATA RELATING TO ARRESTS , COMPLETION OF 17
3295+PROGRAMMING , AND RECIDIVISM FROM THE MARYLAND LONGITUDINAL DATA 18
3296+SYSTEM CENTER; 19
3297+
3298+ (7) IDENTIFY OPPORTUNITI ES FOR GREATER COORD INATION 20
3299+BETWEEN THE DEPARTMENT OF JUVENILE SERVICES, THE OFFICE OF THE STATE’S 21
3300+ATTORNEY, LAW ENFORCEMENT , AND LOCAL ORGANIZATI ONS THAT PROVIDE 22
3301+SERVICES TO JUVENILE S; 23
3302+
3303+ (8) RECOMMEND POLICIES A ND PROGRAMS TO IMP ROVE JUVENILE 24
3304+SERVICES IN THE STATE; 25
3305+
3306+ (9) PARTICIPATE IN INTER PRETING FOR THE PUBL IC THE 26
3307+OBJECTIVES OF THE JU VENILE SERVICES IN T HE STATE; 27
3308+
3309+ (10) PARTICIPATE IN PLANN ING THE DEVELOPMENT AND USE OF 28
3310+AVAILABLE RESOURCES TO MEET THE NEEDS OF JUVENILES; AND 29
3311+ HOUSE BILL 814 71
3312+
3313+
3314+ (11) EXAMINE AND REVIEW F ATALITIES INVOLVING CHILDREN UNDER 1
3315+THE SUPERVISION OF T HE DEPARTMENT OF JUVENILE SERVICES FOR THE 2
3316+PURPOSE OF PROVIDING RECOMMENDATIONS ON P OLICIES AND PROGRAMS TO 3
3317+PREVENT FATALITIES , INCLUDING: 4
3318+
3319+ (I) A DEATH CAUSED BY A CHILD UNDER THE SUPERVISIO N OF 5
3320+THE DEPARTMENT OF JUVENILE SERVICES, IF THE CHILD IS CONV ICTED OR 6
3321+ADJUDICATED FOR THE DEATH; AND 7
3322+
3323+ (II) THE DEATH OF A CHILD UNDER THE SUPERVISIO N OF THE 8
3324+DEPARTMENT OF JUVENILE SERVICES. 9
3325+
3326+ [(g)] (H) On or before December 31, 2023, and on or before December 31 each 10
3327+year thereafter, the Commission shall report its findings to the Governor and, in accordance 11
3328+with § 2–1257 of this article, the General Assembly. 12
3329+
3330+Chapter 42 of the Acts of 2022 13
3331+
3332+ SECTION 2. AND BE IT FURTHER ENACTED, Th at, on or before April 15, [2023] 14
3333+2025, the Department of Juvenile Services shall report to the General Assembly, in 15
3334+accordance with § 2–1257 of the State Government Article, on: 16
3335+
3336+ (1) plans to publish an annual report by the Department of Juvenile 17
3337+Services, in consultation with the Maryland Department of Health, on the length of stay 18
3338+for juveniles in secure facilities while undergoing competency evaluations and receiving 19
3339+services; 20
3340+
3341+ (2) plans for the inclusion of information and data relating to use of a risk 21
3342+assessment tool in the Department of Juvenile Services’ Data Resource Guide; 22
3343+
3344+ (3) the use of community detention for juveniles in the care and custody of 23
3345+the Department of Juvenile Services; 24
3346+
3347+ (4) the Department of Juvenile Services’ development of forms for 25
3348+community detention that do not include information relating to house arrests; 26
3349+
3350+ (5) the effect of a requirement that the Department of Juvenile Services 27
3351+provide a robust continuum of community –based alternatives to detention in all 28
3352+jurisdictions of the State and recommendations for establishing the requirement; 29
3353+
3354+ (6) access to mental health services for all juveniles served by the 30
3355+Department of Juvenile Services; 31
3356+
3357+ (7) the feasibility of and any plans for providing quality, evidence–based 32
3358+programming for juveniles detained in secure juvenile facilities, including educational 33 72 HOUSE BILL 814
3359+
3360+
3361+programming, structured weekend activities, and activities involving family members of 1
3362+detained juveniles; 2
3363+
3364+ (8) the use of community detention, including electronic monitoring, for 3
3365+juveniles placed on probation; 4
3366+
3367+ (9) plans to increase the number of shelter beds available in juvenile 5
3368+facilities, particularly beds for girls; 6
3369+
3370+ (10) plans to track and report data on the number of days juveniles ordered 7
3371+to shelter care placements remain in secure juvenile facilities; 8
3372+
3373+ (11) minimum training standards for staff at juvenile facilities; 9
3374+
3375+ (12) surveillance systems at juvenile facilities, including whether all 10
3376+juvenile facilities are equipped with functioning surveillance cameras capable of monitoring 11
3377+all areas of juvenile facilities; 12
3378+
3379+ (13) minimum standards for facilitating family engagement for juveniles at 13
3380+juvenile facilities, including standards for facilitating daily contact between juveniles and 14
3381+their family members; 15
3382+
3383+ (14) standards for attorneys to access their clients within all juvenile 16
3384+facilities in the State; 17
3385+
3386+ (15) plans to adopt cognitive behavioral therapy training and restorative 18
3387+justice training for staff at all juvenile facilities in the State; [and] 19
3388+
3389+ (16) plans to transition from the current slate of secure juvenile facilities to 20
3390+ensure access to both nonresidential and residential facilities that use culturally 21
3391+competent, evidence–based programming in all jurisdictions of the State; AND 22
3392+
3393+ (17) THE NUMBER OF CASES RESOLVED AT INTAKE A ND THE NUMBER 23
3394+OF CASES REFERRED FO R INFORMAL ADJUSTMEN T WITHIN THE PAST FI SCAL YEAR. 24
3395+
3396+ SECTION 2. 3. AND BE IT FURTHER ENACTED, That, on or befo re December 31, 25
3397+2024, and on or before December 31 each year thereafter, the Governor’s Office of Crime 26
3398+Prevention, Youth, and Victim Services and Policy shall report to the General Assembly, 27
3399+in accordance with § 2–1257 of the State Government Article, on the number of children 28
3400+arrested and the number of times the arrest resulted in a complaint with the Department 29
3401+of Juvenile Services in each calendar year. 30
3402+
3403+ SECTION 4. AND BE IT FURTHER ENACTED, That the terms of the appointed 31
3404+members of the Commission on Juvenile Justice Reform and Emerging and Best Practices 32
3405+who are members of the Commission on the effective date of Section 1 2 of this Act or 33
3406+initially appointed after the effective date shall expire as follows: 34 HOUSE BILL 814 73
3407+
3408+
3409+
3410+ (1) seven members in 2025; 1
3411+
3412+ (2) seven members in 2026; and 2
3413+
3414+ (3) seven members in 2027. 3
3415+
3416+ SECTION 5. AND BE IT FURTHER ENACTED, That Section 2 1 of this Act shall 4
3417+take effect October 1, 2024 January 1, 2025 November 1, 2024. 5
3418+
3419+ SECTION 3. 6. AND BE IT FURTHER ENACTED, That , except as provided in 6
3420+Section 5 of this Act, this Act shall take effect October July June 1, 2024. 7
3421+
3422+
3423+
3424+Approved:
3425+________________________________________________________________________________
3426+ Governor.
3427+________________________________________________________________________________
3428+ Speaker of the House of Delegates.
3429+________________________________________________________________________________
3430+ President of the Senate.