WES MOORE, Governor Ch. 735
– 1 –
Chapter 735
(House Bill 814)
AN ACT concerning
Juvenile Law – Reform
FOR the purpose of altering certain provisions relating to the Commission on Juvenile
Justice Reform and Emerging and Best Practices; altering the jurisdiction of the
juvenile court over a child of a certain age alleged to have committed a certain
offense; altering certain procedures relating to juvenile intake, juvenile detention,
and juvenile probation; altering certain provisions relating to the taking of a child
into custody by a law enforcement officer; expanding certain provisions of law
relating to the entry onto certain school or other property by, and the education of,
certain sex offender registrants to include juvenile sex offender registrants;
establishing the Governor’s Office for Children, the Children’s Cabinet, and the
Governor’s Office of Crime Prevention and Policy; altering certain provisions relating
to the State Comprehensive Juvenile Services 3–Year Plan; repealing certain
provisions relating to the State Advisory Board for Juvenile Services; altering certain
provisions relating to the Juvenile Justice Monitoring Unit; altering certain
provisions relating to the Commission on Juvenile Justice Reform and Emerging and
Best Practices; altering certain provisions relating to the Commission on Juvenile
Justice Reform and Emerging and Best Practices; altering a certain reporting
requirement of the Department of Juvenile Services; requiring the Governor’s Office
of Crime Prevention, Youth, and Victim Services to make a certain report; and
generally relating to juvenile law.
BY repealing and reenacting, without amendments,
Article – State Government
Section 6–401(a) and (i) and 9–3501
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – State Government
Section 6–406 and 9–3502
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Courts and Judicial Proceedings
Section 3–8A–03, 3–8A–10(c) and (g), 3–8A–14, 3–8A–15(b)(3), (e), and (k),
3–8A–19.6, 3–8A–20.1, and 3–8A–27(b)(10)
Annotated Code of Maryland
(2020 Replacement Volume and 2023 Supplement)
Ch. 735 2024 LAWS OF MARYLAND
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BY repealing and reenacting, without amendments,
Article – Courts and Judicial Proceedings
Section 3–8A–19.7 and 3–8A–27(b)(1)
Annotated Code of Maryland
(2020 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Criminal Procedure
Section 2–108 11–722
Annotated Code of Maryland
(2018 Replacement Volume and 2023 Supplement)
BY adding to
Article – Human Services
Section 8–103 and 8–104
Annotated Code of Maryland
(2019 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Human Services
Section 9–101 and 9–204(f)
Annotated Code of Maryland
(2019 Replacement Volume and 2023 Supplement)
BY repealing
Article – Human Services
Section 9–211 through 9–215 and 9–230
Annotated Code of Maryland
(2019 Replacement Volume and 2023 Supplement)
BY adding to
Article – Public Safety
Section 3–531
Annotated Code of Maryland
(2022 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, without amendments,
Article – Courts and Judicial Proceedings
Section 3–8A–01(a) and (h), 3–8A–15(e)(3)(ii), 3–8A–19.7, and 3–8A–27(b)(1)
Annotated Code of Maryland
(2020 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Courts and Judicial Proceedings
Section 3–8A–03, 3–8A–10(c), (f), and (g), 3–8A–14, 3–8A–15(b)(3) and (k),
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
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Annotated Code of Maryland
(2020 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Criminal Procedure
Section 2–108, 11–722, and 11–914(9)
Annotated Code of Maryland
(2018 Replacement Volume and 2023 Supplement)
BY adding to
Article – Human Services
Section 8–103 and 8–104
Annotated Code of Maryland
(2019 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, without amendments,
Article – Human Services
Section 8–601
Annotated Code of Maryland
(2019 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Human Services
Section 8–605, 9–101, and 9–204(f)
Annotated Code of Maryland
(2019 Replacement Volume and 2023 Supplement)
BY repealing
Article – Human Services
Section 9–211 through 9–215 and 9–230
Annotated Code of Maryland
(2019 Replacement Volume and 2023 Supplement)
BY adding to
Article – Public Safety
Section 3–531
Annotated Code of Maryland
(2022 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, without amendments,
Article – State Government
Section 6–401(a) and (i) and 9–3501
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments, Ch. 735 2024 LAWS OF MARYLAND
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Article – State Government
Section 6–406 and 9–3502
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, without amendments,
Article – State Government
Section 6–401(a) and (i) and 9–3501
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – State Government
Section 6–406 and 9–3502
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Chapter 42 of the Acts of the General Assembly of 2022
Section 2
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – State Government
6–401.
(a) In this subtitle the following words have the meanings indicated.
(i) “Unit” means the Juvenile Justice Monitoring Unit of the Office of the
Attorney General.
6–406.
(a) The Unit shall report in a timely manner to the Deputy Director, the
Secretary, THE COMMISSION ON JUVENILE JUSTICE REFORM AND EMERGING AND
BEST PRACTICES, and, in accordance with § 2–1257 of this article, the Speaker of the
House of Delegates and the President of the Senate:
(1) knowledge of any problem regarding the care, supervis ion, and
treatment of children in facilities;
(2) findings, actions, and recommendations, related to the investigations of
disciplinary actions, grievances, incident reports, and alleged cases of child abuse and
neglect; and WES MOORE, Governor Ch. 735
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(3) all other findings and actions related to the monitoring required under
this subtitle.
(b) (1) The Unit shall report [quarterly] EVERY 6 MONTHS to the Executive
Director and the Secretary.
(2) A copy of the report shall be provided to the [State Advisory Board for
Juvenile Services] COMMISSION ON JUVENILE JUSTICE REFORM AND EMERGING
AND BEST PRACTICES and, in accordance with § 2–1257 of this article, the General
Assembly.
(3) The report shall include:
(i) all activities of the Unit;
(ii) actions taken by the Department resulting from the findings and
recommendations of the Unit, including the Department’s response; [and]
(iii) a summary of any violations of the standards and regulations of
the Department that remained unabated for 30 days or more during the reporting period;
AND
(IV) 1. A SUMMARY OF SERVICE S THAT ARE PROVIDED TO
CHILDREN UNDER THE S UPERVISION OF THE DEPARTMENT ;
2. A LIST OF ANY NECESS ARY SERVICES THAT AR E NOT
BEING PROVIDED TO CH ILDREN UNDER THE SUP ERVISION OF THE DEPARTMENT ;
AND
3. A LIST OF ANY NECESS ARY PROTECTIONS AND
SERVICES SPECIFICALL Y FOR CHILDREN WHO A RE AT LEAST 10 YEARS OLD BUT
UNDER THE AGE OF 13 YEARS.
(c) Beginning in 2006, on or before November 30 of each year, the Unit shall
report to the Executive Director, the Secretary, [the advisory boards established under §
9–230 of the Human Services Article] THE COMMISSION ON JUVENILE JUSTICE
REFORM AND EMERGING AND BEST PRACTICES, the Governor, and, in accordance with
§ 2–1257 of this article, the General Assembly, on all the activities of the Office and the
actions taken by the Department in response to findings and recommendations of the Unit.
9–3501.
In this subtitle, “Commission” means the Commission on Juvenile Justice Reform
and Emerging and Best Practices. Ch. 735 2024 LAWS OF MARYLAND
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9–3502.
(a) There is a Commission on Juvenile Justice Reform and Emerging and Best
Practices.
(b) (1) The Commission consists of the following members:
[(1)] (I) two members of the Senate of Maryland, appointed by the
President of the Senate;
[(2)] (II) two members of the House of Delegates, appointed by the
Speaker of the House;
[(3)] (III) the Secretary of Juvenile Services;
[(4)] (IV) the Secretary of Human Services; and
[(5)] (V) the following members, appointed by the Governor:
[(i)] 1. one representative of an institute for public policy that
specializes in juvenile justice issues in the State;
[(ii)] 2. one representative of an institute operated by the
University of Maryland specializing in providing evidence–based and culturally competent
services for juveniles; [and]
[(iii)] 3. [three representatives] ONE REPRESENTATIVE with
relevant education and experience;
4. ONE LOCAL SCHOOL SUP ERINTENDENT ;
5. ONE SCHOOL PRINCIPAL ;
6. ONE REPRESENTATIVE O F AN ORGANIZATION TH AT
PROVIDES SERVICES TO CHILDREN INVOLVED IN THE JUVENILE JUSTICE SYSTEM;
7. ONE REPRESENTATIVE O F THE MARYLAND
DEPARTMENT OF HEALTH;
8. ONE REPRESENTATIVE O F A PRIVATE CHILD
WELFARE AGENCY ;
WES MOORE, Governor Ch. 735
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9. ONE REPRESENTATIVE O F A YOUTH SERVICES
BUREAU;
10. ONE REPRESENTATIVE O F THE STATE JUDICIARY ;
11. ONE REPRESENTATIVE O F THE MARYLAND STATE’S
ATTORNEYS’ ASSOCIATION;
12. ONE REPRESENTATIVE O F THE MARYLAND OFFICE
OF THE PUBLIC DEFENDER;
13. ONE REPRESENTATIVE O F THE MARYLAND CHIEFS
OF POLICE ASSOCIATION;
14. ONE REPRESENTATIVE O F THE MARYLAND
SHERIFFS’ ASSOCIATION; AND
15. SEVEN MEMBERS OF THE GENERAL PUBLI C.
(2) OF THE SEVEN MEMBERS FROM THE GENERAL PUB LIC:
(I) ONE SHALL BE CHOSEN ON THE BASIS OF THE MEMBER’S
INTEREST IN AND EXPE RIENCE WITH MINORS A ND JUVENILE PROBLEMS ;
(II) TWO SHALL:
1. AT THE TIME OF APPOI NTMENT TO A FIRST TERM, BE
AT LEAST 16 YEARS OLD AND UNDER THE AGE OF 30 YEARS; AND
2. INCLUDE AT LEAST ONE INDIVIDUAL WHO HAS B EEN
UNDER THE JURISDICTI ON OF THE DEPARTMENT OF JUVENILE SERVICES;
(III) ONE SHALL BE AN INDI VIDUAL WHO IS A PARE NT OR
GUARDIAN OF A YOUTH WHO HAS BEEN UNDER THE JURISDICTI ON OF THE
DEPARTMENT OF JUVENILE SERVICES;
(IV) ONE SHALL BE A VICTI M ADVOCATE; AND
(V) TWO SHALL BE EMPLOYE ES OF THE DEPARTMENT OF
JUVENILE SERVICES WITH DIFFERE NT JOB TITLES , RECOMMENDED BY THE
PRESIDENT OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL
EMPLOYEES, COUNCIL 3.
(C) (1) THE TERM OF AN APPOIN TED MEMBER IS 3 YEARS. Ch. 735 2024 LAWS OF MARYLAND
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(2) THE TERMS OF THE APPO INTED MEMBERS ARE ST AGGERED AS
REQUIRED BY THE TERM S PROVIDED FOR MEMBE RS OF THE COMMISSION ON JULY
1, 2024.
(3) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL
A SUCCESSOR IS APPOI NTED AND QUALIFIES .
(4) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES
ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND
QUALIFIES.
(5) AN APPOINTED MEMBER W HO SERVES TWO CONSEC UTIVE FULL
3–YEAR TERMS MAY NOT B E REAPPOINTED FOR 3 YEARS AFTER COMPLETI ON OF
THOSE TERMS .
[(c)] (D) (1) [The Governor shall designate the chair of the Commission.]
FROM AMONG THE MEMBER S OF THE COMMISSION, THE GOVERNOR, THE
PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE HOUSE SHALL APPOINT A
CHAIR.
(2) (I) FROM AMONG THE MEMBER S OF THE COMMISSION, THE
CHAIR SHALL APPOINT A SECRETARY.
(II) THE SECRETARY SHALL K EEP FULL AND ACCURAT E
MINUTES OF EACH COMMISSION MEETING .
[(d)] (E) The [Department of Juvenile Services and the Department of Human
Services] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM
SERVICES shall provide staff for the Commission.
[(e)] (F) (1) THE COMMISSION SHALL MEET REGULARLY AT LE AST SIX
TIMES A YEAR ON THE CALL OF ITS CHAIR.
(2) A member of the Commission:
[(1)] (I) may not receive compensation as a member of the Commission;
but
[(2)] (II) is entitled to reimbursement for expenses under the Standard
State Travel Regulations, as provided in the State budget.
[(f)] (G) The Commission shall:
WES MOORE, Governor Ch. 735
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(1) REVIEW AND REPORT ON :
(I) ALL JUVENILE SERVICE S, FACILITIES, AND PROGRAMS IN
THE STATE;
(II) THE EDUCATIONAL PROG RAMS AND SERVICES OF THE
DEPARTMENT OF JUVENILE SERVICES;
(III) PROGRAMS DESIGNED TO DIVERT CHILDREN FROM THE
JUVENILE JUSTICE SYS TEM;
(IV) THE TREATMENT AND PR OGRAMMING NEEDS OF F EMALES
IN THE JUVENILE JUST ICE SYSTEM;
(V) 1. THE USE OF CHILD IN NEED OF SUPERVISION
PETITIONS; AND
2. THE NUMBER OF CHILD IN NEED OF SUPERVISI ON
PETITIONS AUTHORIZED OR DENIED BY JURISDI CTION; AND
(VI) THE WAIT TIMES FOR P LACEMENT OF CHILDREN IN
FACILITIES;
[(1)] (2) research culturally competent, evidence–based, research–based,
and promising PROGRAMS AND practices relating to:
(i) child welfare;
(ii) juvenile rehabilitation;
(iii) mental health services for children; and
(iv) prevention and intervention services for juveniles;
[(2)] (3) evaluate the cost–effectiveness of EXISTING AND PROMISI NG
PROGRAMS AND practices researched by the Commission;
[(3)] (4) identify means of evaluating the effectiveness of PROGRAMS
AND practices researched by the Commission; [and]
[(4)] (5) giving special attention to organizations located in or serving
historically underserved communities, identify strategies to enable community–based
organizations that provide services for juveniles to evaluate and validate services and
programming provided by those organizations;
Ch. 735 2024 LAWS OF MARYLAND
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(6) REVIEW DATA RELATING TO ARRESTS , COMPLETION OF
PROGRAMMING , AND RECIDIVISM FROM THE MARYLAND LONGITUDINAL DATA
SYSTEM CENTER;
(7) IDENTIFY OPPORTUNITI ES FOR GREATER COORD INATION
BETWEEN THE DEPARTMENT OF JUVENILE SERVICES, THE OFFICE OF THE STATE’S
ATTORNEY, LAW ENFORCEMENT , AND LOCAL ORGANIZATI ONS THAT PROVIDE
SERVICES TO JUVENILE S;
(8) RECOMMEND POLICIES A ND PROGRAMS TO IMPRO VE JUVENILE
SERVICES IN THE STATE;
(9) PARTICIPATE IN INTER PRETING FOR THE PUBL IC THE
OBJECTIVES OF THE JU VENILE SERVICES IN T HE STATE;
(10) PARTICIPATE IN PLANN ING THE DEVELOPMENT AND USE OF
AVAILABLE RESOURCES TO MEET THE NEEDS OF JUVENILES;
(11) COORDINATE WITH THE MARYLAND DEPARTMENT OF LABOR TO
IDENTIFY POTENTIAL J OB AND APPRENTICESHI P OPPORTUNITIES FOR JUVENILES
UNDER THE SUPERVISIO N OF THE DEPARTMENT OF JUVENILE SERVICES; AND
(12) EXAMINE AND REVIEW F ATALITIES INVOLVING CHILDREN UNDER
THE SUPERVISION OF THE DEPARTMENT OF JUVENILE SERVICES FOR THE
PURPOSE OF PROVIDING RECOMMENDATIONS ON P OLICIES AND PROGRAMS TO
PREVENT FATALITIES , INCLUDING:
(I) A DEATH CAUSED BY A CHILD UNDER THE SUPE RVISION OF
THE DEPARTMENT OF JUVENILE SERVICES, IF THE CHILD IS CONVICTED OR
ADJUDICATED FOR THE DEATH; AND
(II) THE DEATH OF A CHILD UNDER THE SUPERVISIO N OF THE
DEPARTMENT OF JUVENILE SERVICES.
[(g)] (H) On or before [December 31, 2023] OCTOBER 1, 2025, and on or before
[December 31] OCTOBER 1 each year thereafter, the Commission shall report its findings
to the Governor and, in accordance with § 2–1257 of this article, the General Assembly.
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:
Article – Courts and Judicial Proceedings
3–8A–03. WES MOORE, Governor Ch. 735
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(a) In addition to the jurisdiction specified in Subtitle 8 of this title, the court has
exclusive original jurisdiction over:
(1) A child:
(i) Who is at least 13 years old alleged to be delinquent; or
(ii) Except as provided in subsection (d) of this section, who is at least
10 years old alleged to have committed an act:
1. That, if committed by an adult, would constitute [a]:
A. A crime of violence, as defined in § 14–101 of the Criminal
Law Article; [or]
B. A CRIME INVOLVING WEAP ONS UNDER TITLE 4 §
4–203 OR § 4–204 OF THE CRIMINAL LAW ARTICLE;
C. A CRIME INVOLVING FIRE ARMS UNDER TITLE 5 §
5–133, § 5–134, § 5–136, § 5–138, § 5–139, § 5–141 § 5–138, § 5–142, § 5–203, OR §
5–703 OF THE PUBLIC SAFETY ARTICLE;
D. A CRIME INVOLVING ANIM ALS UNDER TITLE 10,
SUBTITLE 6 § 10–606 OF THE CRIMINAL LAW ARTICLE;
E. SEXUAL OFFENSE IN THE THIRD DEGREE UNDER §
3–307 OF THE CRIMINAL LAW ARTICLE; OR
F. THEFT OF A MOTOR VEHI CLE UNDER § 7–105 OF THE
CRIMINAL LAW ARTICLE, IF THE CHILD HAS PRE VIOUSLY BEEN REFERRE D TO AN
AT–RISK YOUTH PREVENTIO N AND DIVERSION PROG RAM, AS DEFINED IN § 8–601 OF
THE HUMAN SERVICES ARTICLE, FOR A VIOLATION OF § 4–203, § 4–204, OR § 7–105
OF THE CRIMINAL LAW ARTICLE OR § 5–133, § 5–134, § 5–138, § 5–142, § 5–203, OR
§ 5–703 OF THE PUBLIC SAFETY ARTICLE; OR
2. Arising out of the same incident as an act listed in item 1
of this item;
(2) A child who is in need of supervision;
(3) A child who has received a citation for a violation;
(4) Except as provided in subsection (d)(6) of this section, a peace order
proceeding in which the respondent is a child; and Ch. 735 2024 LAWS OF MARYLAND
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(5) Proceedings arising under the Interstate Compact on Juveniles.
(b) The court has concurrent jurisdiction over proceedings against an adult for
the violation of § 3–8A–30 of this subtitle. However, the court may waive its jurisdiction
under this subsection upon its own motion or upon the motion of any party to the
proceeding, if charges against the adult arising from the same incident are pending in the
criminal court. Upon motion by either the State’s Attorney or the adult charged under §
3–8A–30 of this subtitle, the court shall waive its jurisdiction, and the adult shall be tried
in the criminal court according to the usual criminal procedure.
(c) (1) The jurisdiction of the court is concurrent with that of the District Court
in any criminal case arising under the compulsory public school attendance laws of this
State.
(2) The jurisdiction of the court is concurrent with that of a federal court
sitting in the State over proceedings involving a violation of federal law committed by a
child on a military installation of the U.S. Department of Defense if:
(i) The federal court waives exclusive jurisdiction; and
(ii) The violation of federal law is also a crime under State law.
(d) The court does not have jurisdiction over:
(1) A child at least 14 years old alleged to have done an act that, if
committed by an adult, would be a crime punishable by life imprisonment, as well as all
other charges against the child arising out of the same incident, unless an order removing
the proceeding to the court has been filed under § 4–202 of the Criminal Procedure Article;
(2) A child at least 16 years old alleged to have done an act in violation of
any provision of the Transportation Article or other traffic law or ordinance, except an act
that prescribes a penalty of incarceration;
(3) A child at least 16 years old alleged to have done an act in violation of
any provision of law, rule, or regulation governing the use or operation of a boat, except an
act that prescribes a penalty of incarceration;
(4) A child at least 16 years old alleged to have committed any of the
following crimes, as well as all other charges against the child arising out of the same
incident, unless an order removing the proceeding to the court has been filed under §
4–202 of the Criminal Procedure Article:
(i) Abduction;
(ii) Kidnapping; WES MOORE, Governor Ch. 735
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(iii) Second degree murder;
(iv) Manslaughter, except involuntary manslaughter;
(v) Second degree rape;
(vi) Robbery under § 3–403 of the Criminal Law Article;
(vii) Third degree sexual offense under § 3–307(a)(1) of the Criminal
Law Article;
(viii) A crime in violation of § 5–133, § 5–134, § 5–138, or § 5–203 of
the Public Safety Article;
(ix) Using, wearing, carrying, or transporting a firearm during and
in relation to a drug trafficking crime under § 5–621 of the Criminal Law Article;
(x) Use of a firearm under § 5–622 of the Criminal Law Article;
(xi) Carjacking or armed carjacking under § 3–405 of the Criminal
Law Article;
(xii) Assault in the first degree under § 3–202 of the Criminal Law
Article;
(xiii) Attempted murder in the second degree under § 2–206 of the
Criminal Law Article;
(xiv) Attempted rape in the second degree under § 3–310 of the
Criminal Law Article;
(xv) Attempted robbery under § 3–403 of the Criminal Law Article; or
(xvi) A violation of § 4–203, § 4–204, § 4–404, or § 4–405 of the
Criminal Law Article;
(5) A child who previously has been convicted as an adult of a felony and is
subsequently alleged to have committed an act that would be a felony if committed by an
adult, unless an order removing the proceeding to the court has been filed under § 4–202 of
the Criminal Procedure Article;
(6) A peace order proceeding in which the victim, as defined in §
3–8A–01(cc)(1)(ii) of this subtitle, is a person eligible for relief, as defined in § 4–501 of the
Family Law Article; or
Ch. 735 2024 LAWS OF MARYLAND
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(7) Except as provided in subsection (a)(1)(ii) of this section, a delinquency
proceeding against a child who is under the age of 13 years.
(e) If the child is charged with two or more violations of the Maryland Vehicle
Law, another traffic law or ordinance, or the State Boat Act, allegedly arising out of the
same incident and which would result in the child being brought before both the court and
a court exercising criminal jurisdiction, the court has exclusive jurisdiction over all of the
charges.
(f) A child under the age of 13 years may not be charged with a crime.
3–8A–10.
(c) (1) Except as otherwise provided in this subsection, in considering the
complaint, the intake officer shall make an inquiry within [25 days] 15 BUSINESS DAYS
as to whether the court has jurisdiction and whether judicial action is in the best interests
of the public or the child.
(2) An inquiry need not include an interview of the child who is the subject
of the complaint if the complaint alleges the commission of an act that would be a felony if
committed by an adult or alleges a violation of § 4–203 or § 4–204 of the Criminal Law
Article OR A VIOLATION OF § 5–133, § 5–134, § 5–136, § 5–138, § 5–139, § 5–141 §
5–138, § 5–142, § 5–203, OR § 5–703 OF THE PUBLIC SAFETY ARTICLE.
(3) In accordance with this section, the intake officer [may,] SHALL,
IMMEDIATELY after such inquiry [and within 25 days of receiving the complaint]:
(i) Authorize the filing of a petition or a peace order request or both;
(ii) Propose an informal adjustment of the matter; or
(iii) Refuse authorization to file a petition or a peace order request or
both.
(4) (i) [1. Except as provided in subsubparagraph 2 of this
subparagraph, if] IF a complaint is filed that alleges the commission of an act which would
be a felony if committed by an adult or alleges a violation of § 4–203 or § 4–204 of the
Criminal Law Article OR A VIOLATION OF § 5–133, § 5–134, § 5–136, § 5–138, § 5–139,
§ 5–141 § 5–138, § 5–142, § 5–203, OR § 5–703 OF THE PUBLIC SAFETY ARTICLE, and
if the intake officer denies authorization to file a petition or proposes an informal
adjustment, the intake officer shall immediately:
[A.] 1. Forward the complaint to the State’s Attorney; and
WES MOORE, Governor Ch. 735
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[B.] 2. Forward a copy of the entire intake case file to the
State’s Attorney with information as to any and all prior intake involvement with the child.
[2. For a complaint that alleges the commission of an act that
would be a felony if committed by an adult, the intake officer is not required to forward the
complaint and copy of the intake case file to the State’s Attorney if:
A. The intake officer proposes the matter for informal
adjustment;
B. The act did not involve the intentional causing of, or
attempt to cause, the death of or physical injury to another; and
C. The act would not be a crime of violence, as defined under
§ 14–101 of the Criminal Law Article, if committed by an adult.]
(II) IF A COMPLAINT IS FILED THAT ALLEGES T HE COMMISSION
OF A DELINQUENT ACT BY A CHILD WHO WAS U NDER THE SUPERVISION OF THE
DEPARTMENT OF JUVENILE SERVICES AT THE TIME OF THE ALLEGED DELIN QUENT
ACT, AND IF THE INTAKE OF FICER DENIES AUTHORI ZATION TO FILE A PET ITION OR
PROPOSES INFORMAL ADJUSTMENT , THE INTAKE OFFICER S HALL IMMEDIATELY :
1. FORWARD THE COMPLAINT TO THE STATE’S
ATTORNEY; AND
2. FORWARD A COPY OF THE ENTIRE INTAKE CASE F ILE
TO THE STATE’S ATTORNEY WITH INFORMA TION AS TO ANY AND A LL PRIOR INTAKE
INVOLVEMENT W ITH THE CHILD.
[(ii)] (III) The State’s Attorney shall make a preliminary review as
to whether the court has jurisdiction and whether judicial action is in the best interests of
the public or the child. The need for restitution may be considered as one factor in the public
interest. After the preliminary review the State’s Attorney shall, within 30 days of the
receipt of the complaint by the State’s Attorney, unless the court extends the time:
1. File a petition or a peace order request or both;
2. Refer the complaint to the Department of Juvenile
Services for informal disposition; or
3. Dismiss the complaint.
[(iii)] (IV) This subsection may not be construed or interpreted to
limit the authority of the State’s Attorney to seek a waiver under § 3–8A–06 of this subtitle.
Ch. 735 2024 LAWS OF MARYLAND
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(5) IF A COMPLAINT IS FIL ED THAT ALLEGES THE COMMISSION OF AN
ACT BY A CHILD UNDER THE AGE OF 13 YEARS THAT RESULTS I N THE DEATH OF A
VICTIM, THE INTAKE OFFICER S HALL AUTHORIZE THE F ILING OF A PETITION
ALLEGING THAT T HE CHILD IS EITHER D ELINQUENT OR IN NEED OF SUPERVISION .
(g) (1) If based upon the complaint and the inquiry, the intake officer
concludes that the court has no jurisdiction, or that neither an informal adjustment nor
judicial action is appropriate, the intake officer may deny authorization to file a petition or
a peace order request or both.
(2) If the intake officer denies authorization to file a petition or a peace
order request or both, the intake officer shall inform the following persons of the decision,
the reasons for it, and their right of review provided in this section:
(i) The victim;
(ii) The arresting police officer; and
(iii) The person or agency that filed the complaint or caused it to be
filed.
(3) The intake officer shall inform the persons specified in paragraph (2) of
this subsection BY ELECTRONIC MEANS of the decision to deny authorization to file a
petition for the alleged commission of a delinquent act through use of the form prescribed
by § 3–8A–11 of this subtitle.
3–8A–14.
(a) A child may be taken into custody under this subtitle by any of the following
methods:
(1) Pursuant to an order of the court;
(2) By a law enforcement officer pursuant to the law of arrest;
(3) By a law enforcement officer or other person authorized by the court if
the officer or other person has reasonable grounds to believe that the child is in immediate
danger from the child’s surroundings and that the child’s removal is necessary for the
child’s protection;
(4) By a law enforcement officer or other person authorized by the court if
the officer or other person has reasonable grounds to believe that the child has run away
from the child’s parents, guardian, or legal custodian; or
(5) In accordance with § 3–8A–14.1 of this subtitle.
WES MOORE, Governor Ch. 735
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(b) (1) (i) If a law enforcement officer takes a child into custody, the officer
shall immediately notify, or cause to be notified, the child’s parents, guardian, or custodian
in a manner reasonably calculated to give actual notice of the action.
(ii) The notice required under subparagraph (i) of this paragraph
shall:
1. Include the child’s location;
2. Provide the reason for the child being taken into custody;
and
3. Instruct the parent, guardian, or custodian on how to
make immediate in–person contact with the child.
(2) After making every reasonable effort to give actual notice to a child’s
parent, guardian, or custodian, the law enforcement officer shall with all reasonable speed:
(i) Release the child to the child’s parents, guardian, or custodian or
to any other person designated by the court, upon their written promise to bring the child
before the court when requested by the court, and such security for the child’s appearance
as the court may reasonably require, unless the child’s placement in detention or shelter
care is permitted and appears required by § 3–8A–15 of this subtitle; or
(ii) Deliver the child to the court or a place of detention or shelter
care designated by the court.
(c) If a parent, guardian, or custodian fails to bring the child before the court
when requested, the court may:
(1) Issue a writ of attachment directing that the child be taken into custody
and brought before the court; and
(2) Proceed against the parent, guardian, or custodian for contempt.
(D) IF A CHILD IS TAKEN I NTO CUSTODY UNDER TH IS SUBTITLE BY A LAW
ENFORCEMENT OFFICER PURSUANT TO THE LAW OF ARREST , THE LAW
ENFORCEMENT OFFICER SHALL COMPLETE :
(1) COMPLETE AND FORWARD A WRITTE N COMPLAINT OR CITAT ION
TO THE DEPARTMENT OF JUVENILE SERVICES FOR PROCESSI NG UNDER § 3–8A–10
OF THIS SUBTITLE;
(2) IF THE CHILD WAS REFE RRED TO AN AT –RISK YOUTH
PREVENTION AND DIVER SION PROGRAM , AS DEFINED IN § 8–601 OF THE HUMAN
SERVICES ARTICLE, COMPLETE AND FORWARD A WRITTEN REP ORT TO THE Ch. 735 2024 LAWS OF MARYLAND
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DEPARTMENT OF JUVENILE SERVICES INDICATING T HAT THE CHILD WAS
DIVERTED TO:
(I) A LAW ENFORCEMENT DIVE RSION PROGRAM , INCLUDING A
DIVERSION PROGRAM OP ERATED BY A LOCAL STATE’S ATTORNEY;
(II) A DIVERSION PROGRAM OP ERATED BY ANOTHER AG ENCY
OR ORGANIZATION ;
(III) A LOCAL CARE TEAM ; OR
(IV) ANOTHER COMMUNITY –BASED SERVICE PROVID ER; OR
(3) COMPLETE AND FORWARD A WRITTEN REPORT TO THE
DEPARTMENT OF JUVENILE SERVICES INDICATING T HAT NO FURTHER ACTIO N WAS
TAKEN.
[(d)] (E) (1) (i) In this subsection the following words have the meanings
indicated.
(ii) “Qualifying offense” has the meaning stated in § 8–302 of the
Criminal Procedure Article.
(iii) “Sex trafficking” has the meaning stated in § 5–701 of the Family
Law Article.
(iv) “Victim of human trafficking” has the meaning stated in § 8–302
of the Criminal Procedure Article.
(2) In addition to the requirements for reporting child abuse and neglect
under § 5–704 of the Family Law Article, if a law enforcement officer has reason to believe
that a child who has been detained is a victim of sex trafficking or a victim of human
trafficking, the law enforcement officer shall, as soon as practicable:
(i) Notify an appropriate regional navigator, as defined in § 5–704.4
of the Family Law Article, for the jurisdiction where the child was taken into custody or
where the child is a resident that the child is a suspected victim of sex trafficking or a
suspected victim of human trafficking so the regional navigator can coordinate a service
response;
(ii) Report to the local child welfare agency that the child is a
suspected victim of sex trafficking or a suspected victim of human trafficking; and
(iii) Release the child to the child’s parents, guardian, or custodian if
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
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believe that the child’s safety will be at risk if the child is returned to the child’s parents,
guardian, or custodian.
(3) A law enforcement officer who takes a child who is a suspected victim
of sex trafficking or a suspected victim of human trafficking into custody under subsection
(a)(3) of this section may not detain the child in a juvenile detention facility, as defined
under § 9–237 of the Human Services Article, if the reason for detaining the child is a
suspected commission of a qualifying offense or § 3–1102 of the Criminal Law Article.
[(e)] (F) The Supreme Court of Maryland may adopt rules concerning
age–appropriate language to be used to advise a child who is taken into custody of the
child’s rights.
3–8A–15.
(b) (3) A child alleged to have committed a delinquent act may not be placed
in detention before a hearing if the most serious offense would be a misdemeanor if
committed by an adult, unless:
(i) The act involved a handgun and would be a violation under the
Criminal Law Article or WOULD BE A VIOLATION OF § 4–203 OR § 4–204 OF THE
CRIMINAL LAW ARTICLE OR A VIOLATIO N OF § 5–133, § 5–134, § 5–136, § 5–138, §
5–139, § 5–141 § 5–138, § 5–142, § 5–203, OR § 5–703 OF the Public Safety Article if
committed by an adult; [or]
(ii) The child has been adjudicated delinquent at least twice [in the
preceding 12 months] IN THE PRECEDING 2 YEARS; OR
(III) 1. THE CHILD WAS UNDER T HE SUPERVISION OF THE
DEPARTMENT OF JUVENILE SERVICES WHEN THE ALL EGED ACT OCCURRED ; AND
2. THE ALLEGED ACT , IF COMMITTED BY AN A DULT,
WOULD BE SUBJECT TO A PENALTY OF IMPRISO NMENT OF MORE THAN 90 DAYS 2
YEARS.
(e) (1) Detention or community detention may not be continued beyond
emergency detention or community detention unless, upon an order of court after a hearing,
the court has found that one or more of the circumstances stated in subsection (b) of this
section exist.
(2) A court order under this paragraph shall:
(i) Contain a written determination of whether or not the criteria
contained in subsection (c)(1) and (2) of this section have been met; and
Ch. 735 2024 LAWS OF MARYLAND
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(ii) Specify which of the circumstances stated in subsection (b) of this
section exist.
(3) (i) If the court has not specifically prohibited community detention,
the Department of Juvenile Services may release the child from detention into community
detention and place the child in:
1. Shelter care; or
2. The custody of the child’s parent, guardian, custodian, or
other person able to provide supervision and care for the child and to return the child to
court when required.
(II) IF THE CHILD IS RELEA SED FROM DETENTION , THE INTAKE
OFFICER SHALL MAKE A N INQUIRY WITHIN 2 BUSINESS DAYS AS TO WHETHER THE
COURT HAS JURISDICTI ON AND WHETHER JUDIC IAL ACTION IS IN THE BEST
INTEREST OF THE PUBL IC OR THE CHILD.
[(ii)] (III) If a child who has been released by the Department of
Juvenile Services or the court into community detention violates the conditions of
community detention, and it is necessary to protect the child or others, an intake officer
may authorize the detention of the child.
[(iii)] (IV) The Department of Juvenile Services shall promptly notify
the court of:
1. The release of a child from detention under subparagraph
(i) of this paragraph; or
2. The return to detention of a child under subparagraph
[(ii)] (III) of this paragraph.
[(iv)] (V) 1. If a child is returned to detention under
subparagraph [(ii)] (III) of this paragraph, the intake officer who authorized detention
shall immediately file a petition to authorize continued detention.
2. A hearing on the petition to authorize continued detention
shall be held no later than the next court day, unless extended for no more than 5 days by
the court on good cause shown.
3. Reasonable notice, oral or written, stating the time, place,
and purpose of the hearing, shall be given to the child and, if they can be located, the child’s
parents, guardian, or custodian.
WES MOORE, Governor Ch. 735
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(k) (1) [If] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, IF a child remains in a facility used for detention, the Department of
Juvenile Services shall:
[(1)] (I) Within 14 days after the child’s initial detention, appear at a
hearing before the court with the child to explain the reasons for continued detention; and
[(2)] (II) Every 14 days thereafter, appear at another hearing before the
court with the child to explain the reasons for continued detention.
(2) A HEARING REQUIRED UNDER THIS SUBSECTION MAY BE WA IVED
ONE TIME ON THE CONS ENT OF THE COURT , THE STATE’S ATTORNEY, AND COUNSEL
FOR THE CHILD.
3–8A–19.6.
(a) (1) In this section, “technical THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED .
(2) “GOOD CAUSE ” INCLUDES A CHILD HAV ING TWO OR MORE
UNEXCUSED ABSENCES F ROM A PROGRAM THAT T HE CHILD IS ORDERED TO ATTEND
AS A CONDITION OF PR OBATION.
(3) “TECHNICAL violation” means a violation of probation that does not
involve:
(1) (I) An arrest or a summons issued by a commissioner on a statement
of charges filed by a law enforcement officer;
(2) (II) A violation of a criminal prohibition, or an act that would be a
violation of a criminal prohibition if committed by an adult, other than a minor traffic
offense;
(3) (III) A violation of a no–contact or stay–away order; [or]
(4) (IV) Absconding; OR
(5) TWO OR MORE UNEXCUSED FAILURES TO APPEAR A T A
TREATMENT PROGRAM OR DERED BY THE COURT .
(b) This section does not apply to an offense committed by a child that, if
committed by an adult, would be a felony and a crime of violence under § 14–101 of the
Criminal Law Article.
Ch. 735 2024 LAWS OF MARYLAND
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(c) The court may not place a child on probation for a term exceeding that
provided in this section.
(d) (1) Except as provided in paragraph (2) of this subsection, if the most
serious offense committed by a child would be a misdemeanor if committed by an adult, the
court may place the child on probation for a period not exceeding [6 months] 1 YEAR.
(2) Subject to paragraph (3) of this subsection, the court may, after a
hearing, extend the probation by periods not exceeding [3] 4 months if the court finds that:
(i) There is good cause to extend the probation; and
(ii) The purpose of extending the probation is to ensure that the child
completes a treatment or rehabilitative program or service.
(3) The total period of the probation, including extensions of the probation,
may not exceed [1 year] 2 YEARS.
(e) (1) Except as provided in paragraph (2) of this subsection, if the most
serious offense committed by a child would be a felony if committed by an adult, the court
may place the child on probation for a period not exceeding [1 year] 2 YEARS.
(2) (i) Subject to paragraph (3) of this subsection, the court may, after
a hearing, extend the probation by periods not exceeding [3] 4 months if the court finds
that:
1. There is good cause to extend the probation; and
2. The purpose of extending the probation is to ensure that
the child completes a treatment or rehabilitative program or service.
(ii) Except as provided in paragraph (3) of this subsection, if the
probation is extended under this paragraph, the total period of the probation may not
exceed [2] 3 years.
(3) (i) Subject to subparagraph (ii) of this paragraph, the court may
extend the period of the probation for a period of time greater than the period described in
paragraph (2)(ii) of this subsection if, after a hearing, the court finds by clear and
convincing evidence that:
1. There is good cause to extend the probation; and
2. Extending the probation is in the best interest of the child.
WES MOORE, Governor Ch. 735
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(ii) If the probation is extended under this paragraph, the total
period of probation, including extensions under paragraph (2) of this subsection, may not
exceed [3] 4 years.
(f) Notwithstanding any other provision of this section, if a child is found to have
committed a violation of probation, except for a technical violation, a court may, after a
hearing, place the child on a new term of probation for a period that is consistent with the
period of probation that may be imposed under this section for the delinquent act for which
the child was originally placed on probation.
3–8A–19.7.
(a) In this section, “technical violation” has the meaning stated in § 3–8A–19.6 of
this subtitle.
(b) A child may not be placed in a facility used for detention for a technical
violation.
3–8A–20.1.
(a) (1) In this section, “treatment service plan” means a plan recommended at
a disposition hearing under § 3–8A–19 of this subtitle or at a disposition review hearing
under this section by the Department of Juvenile Services to the court proposing specific
assistance, guidance, treatment, or rehabilitation of a child.
(2) In making a treatment service plan, a juvenile counselor shall meet
with the child who is the subject of the treatment service plan and the child’s parent,
guardian, or legal custodian to discuss the treatment service plan.
(3) If a child’s parent, guardian, or legal custodian is unable or refuses to
meet with the juvenile counselor, the treatment service plan shall indicate that the parent,
guardian, or legal custodian is unable or refuses to meet, and the reason for the inability
or refusal to meet, if known.
(4) At a minimum, the treatment service plan shall include:
(i) The recommended level of supervision for the child;
(ii) Specific goals for the child and family to meet, along with
timelines for meeting those goals;
(iii) A statement of any condition that the child’s parent, guardian, or
legal custodian must change in order to alleviate any risks to the child;
(iv) A statement of the services to be provided to the child and child’s
family; and Ch. 735 2024 LAWS OF MARYLAND
– 24 –
(v) Any other information that may be necessary to make a
disposition consistent with the child’s best interests and the protection of the public
interest.
(b) (1) In making a disposition on a petition under § 3–8A–19 of this subtitle,
if the court adopts a treatment service plan, the Department of Juvenile Services shall
ensure that implementation of the treatment service plan occurs within 25 days after the
date of disposition.
(2) If a treatment service plan requires specified supervision, mentoring,
mediation, monitoring, or placement, implementation of the treatment service plan is
considered to have occurred ONLY when the supervision, mentoring, mediation,
monitoring, or placement occurs.
(3) The Department of Juvenile Services shall [certify] PROVIDE
CERTIFICATION in writing to the court within 25 days after the date of disposition whether
implementation of the treatment service plan has occurred AND EXPLAIN ATTEMPTS
MADE TO ENSURE IMPLE MENTATION .
(4) THE DEPARTMENT OF JUVENILE SERVICES SHALL FORWAR D A
COPY OF THE CERTIFIC ATION DESCRIBED IN P ARAGRAPH (3) OF THIS SUBSECTION
TO THE COMMISSION ON JUVENILE JUSTICE REFORM AND EMERGING AND BEST
PRACTICES UND ER § 9–3502 OF THE STATE GOVERNMENT ARTICLE SO THAT THE
COMMISSION MAY EVALUA TE PATTERNS OF FAILE D IMPLEMENTATION .
(c) (1) If a treatment service plan is not implemented by the Department of
Juvenile Services within 25 days under subsection (b)(3) of this section, the court shall
schedule, within 7 days after receipt of the certification, a disposition review hearing to be
held within 30 days after receipt of the certification.
(2) The court shall give at least 7 days’ notice of the date and time of the
disposition review hearing to each party and to the Department of Juvenile Services.
(d) (1) The court shall hold a disposition review hearing unless the
Department of Juvenile Services certifies in writing to the court prior to the hearing that
implementation of the treatment service plan has occurred.
(2) At a disposition review hearing, the court may:
(i) Revise, in accordance with the provisions of § 3–8A–19 of this
subtitle, the disposition previously made; and
(ii) Revise the treatment service plan previously adopted.
WES MOORE, Governor Ch. 735
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(e) This section may not be construed to provide entitlement to services not
otherwise provided by law.
(f) The Supreme Court of Maryland may adopt rules to implement the provisions
of this section.
3–8A–27.
(b) (1) A court record pertaining to a child is confidential and its contents may
not be divulged, by subpoena or otherwise, except by order of the court upon good cause
shown or as provided in §§ 7–303 and 22–309 of the Education Article.
(10) This subsection does not prohibit access to and confidential use of a
court record by the [State Advisory Board for Juvenile Services] COMMISSION ON
JUVENILE JUSTICE REFORM AND EMERGING AND BEST PRACTICES if the [Board]
COMMISSION is performing the functions described under [§ 9–215(5) of the Human
Services Article] § 9–3502 OF THE STATE GOVERNMENT ARTICLE.
Article – Criminal Procedure
2–108.
(a) A law enforcement officer who charges a minor with a criminal offense shall
make a reasonable attempt to provide actual notice to the parent or guardian of the minor
of the charge.
(b) If a law enforcement officer takes a minor into custody, the law enforcement
officer or the officer’s designee shall make a reasonable attempt to notify the parent or
guardian of the minor in accordance with the requirements of § 3–8A–14 of the Courts
Article.
(C) IF A LAW ENFORCEMENT OFFICER ALLEGES THE COMMISSION OF AN
ACT BY A CHILD UNDER THE AGE OF 13 YEARS THAT RESULTS I N THE DEATH OF A
VICTIM, THE LAW ENFORCEMENT OF FICER SHALL FORWARD THE COMPLAINT TO
THE DEPARTMENT OF JUVENILE SERVICES FOR APPROPRI ATE ACTION.
11–722.
(a) (1) In this section the following words have the meanings indicated.
(2) “County board” has the meaning stated in § 1–101 of the Education
Article.
(3) “JUVENILE REGISTRANT ” HAS THE MEANING STAT ED IN §
11–704.1 OF THIS SUBTITLE.
Ch. 735 2024 LAWS OF MARYLAND
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[(3)] (4) “State Board” has the meaning stated in § 1–101 of the Education
Article.
(b) This section does not apply to a registrant OR A JUVENILE REGIST RANT who
enters real property:
(1) where the registrant’s OR JUVENILE REGISTRA NT’S child is a student
or receives child care, if:
(i) within the past year the registrant OR JUVENILE REGISTRA NT
has been given the specific written permission of the Superintendent of Schools, the local
school board, the principal of the school, or the owner or operator of the registered family
child care home, licensed child care home, or licensed child care institution, as applicable;
and
(ii) the registrant OR JUVENILE REGISTRA NT promptly notifies an
agent or employee of the school, home, or institution of the registrant’s OR JUVENILE
REGISTRANT’S presence and purpose of visit; or
(2) for the purpose of voting at a school on an election day in the State if
the registrant OR JUVENILE REGISTRA NT is properly registered to vote and the
registrant’s OR JUVENILE REGISTRA NT’S polling place is at the school.
(c) Except as provided in subsection (e) of this section, a registrant OR JUVENILE
REGISTRANT may not knowingly enter onto real property:
(1) that is used for public or nonpublic elementary or secondary education;
or
(2) on which is located:
(i) a family child care home registered under Title 5, Subtitle 5 of
the Family Law Article;
(ii) a child care home or a child care institution licensed under Title
5, Subtitle 5 of the Family Law Article; or
(iii) a home where informal child care, as defined in child care subsidy
regulations adopted under Title 13A of the Code of Maryland Regulations, is being provided
or will be provided to a child who does not reside there.
(d) A person who enters into a contract with a county board or a nonpublic school
may not knowingly employ an individual to work at a school if the individual is a registrant
OR JUVENILE REGISTRA NT.
WES MOORE, Governor Ch. 735
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(e) (1) A registrant OR JUVENILE REGISTRA NT who is a student may receive
an education in accordance with State law in any of the following locations:
(i) a location other than a public or nonpublic elementary or
secondary school, including by:
1. participating in the Home and Hospital Teaching Program
for Students; or
2. participating in or attending a program approved by a
county board under paragraph (2) of this subsection;
(ii) a Regional Institute for Children and Adolescents; or
(iii) a nonpublic educational program as provided by § 8–406 of the
Education Article if:
1. the registrant OR JUVENILE REGISTRA NT has notified
an agent or employee of the nonpublic educational program that the registrant OR
JUVENILE REGISTRANT is required to register under this subtitle; and
2. the registrant OR JUVENILE REGISTRA NT has been
given specific written permission by an agent or employee of the nonpublic educational
program to attend the nonpublic educational program.
(2) Each county board shall develop and adopt a policy that enables a
registrant OR JUVENILE REGISTRA NT who is a student to receive an education as
described under paragraph (1) of this subsection.
(3) The State Board shall develop and adopt guidelines and a model policy
to assist a county board with the development of a policy under paragraph (2) of this
subsection.
(f) A person who violates subsection (c) or (d) of this section is guilty of a
misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine
not exceeding $5,000 or both.
Article – Human Services
8–103.
(A) (1) THERE IS A GOVERNOR’S OFFICE FOR CHILDREN.
(2) THE OFFICE IS A SEPARATE UNIT WITHIN THE EXECUTIVE
DEPARTMENT .
Ch. 735 2024 LAWS OF MARYLAND
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(B) THE PURPOSE OF THE OFFICE IS TO PROVIDE A COORDINATED ,
COMPREHENSIVE , INTERAGENCY APPROACH TO PROMOTING THE WEL L–BEING OF
CHILDREN AND FAMILIE S THROUGH A NETWORK OF SUPPORTS , PROGRAMS, AND
SERVICES THAT ARE FAMILY– AND CHILD–ORIENTED AND REDUCIN G THE NUMBER
OF CHILDREN LIVING I N POVERTY.
(C) THE GOVERNOR MAY PROVIDE FOR THE STRUCTURE , DUTIES, AND
RESPONSIBILITIES OF THE OFFICE BY EXECUTIVE O RDER.
8–104.
(A) THERE IS A CHILDREN’S CABINET ADMINISTERED BY THE GOVERNOR’S
OFFICE OF CHILDREN.
(B) THE PURPOSE OF THE CHILDREN’S CABINET IS TO PROMOTE THE
VISION OF THE STATE FOR A STABLE , SAFE, AND HEALTHY ENVIRONM ENT FOR
CHILDREN AND FAMILIE S.
(C) THE HEAD OF THE GOVERNOR’S OFFICE OF CHILDREN SHALL SERVE AS
THE CHAIR AND BE RESPONSI BLE FOR THE ADMINIST RATION AND OPERATION OF
THE CHILDREN’S CABINET.
(D) THE GOVERNOR MAY PROVIDE FOR THE STRUCTURE , DUTIES, AND
RESPONSIBILITIES OF THE CHILDREN’S CABINET BY EXECUTIVE ORDER.
9–101.
(a) In this title the following words have the meanings indicated.
(b) “Department” means the Department of Juvenile Services.
(c) “Secretary” means the Secretary of Juvenile Services.
[(d) “State Advisory Board” means the State Advisory Board for Juvenile
Services.]
9–204.
(f) (1) The Secretary shall develop a State Comprehensive Juvenile Services
3–Year Plan.
(2) The Plan shall:
WES MOORE, Governor Ch. 735
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(i) include an inventory of all in–day treatment programs and
residential care programs and an accounting of the residence of all clients;
(ii) include an inventory of nonresidential treatment programs;
(iii) specify the needs of the various areas of services for clients,
including alcohol and drug abuse rehabilitation services;
(iv) specify the needs of clients, including predelinquent diversion
services programs;
(v) establish priorities for the different services needed;
(vi) set standards for the quality of residential services and outreach
services;
(vii) include a program dedicated to reducing recidivism rates of
clients;
(viii) include programs dedicated to diverting children from the
juvenile justice system; [and]
(IX) INCLUDE PROGRAMS DEV ELOPED FOR YOUTH AT THE
HIGHEST RISK OF BECO MING VICTIMS OR PERP ETRATORS OF GUN VIOL ENCE; AND
(X) INCLUDE PROGRAMS DEVELOPED S PECIFICALLY FOR
INDIVIDUALS AT LEAST 10 YEARS OLD AND UNDER THE AGE OF 15 YEARS WHO ARE
AT THE HIGHEST RISK OF BECOMING VICTIMS OR PERPETRATORS OF G UN
VIOLENCE; AND
[(ix)] (X) (XI) include any other matters that the Secretary
considers appropriate.
(3) The Plan shall be revised for each fiscal year and submitted, subject to
§ 2–1257 of the State Government Article, to the General Assembly by February 1 of each
year.
[9–211.
There is a State Advisory Board for Juvenile Services in the Department.]
[9–212.
(a) The State Advisory Board consists of the following members appointed by the
Governor:
Ch. 735 2024 LAWS OF MARYLAND
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(1) one representative of the Department;
(2) one representative of the State Department of Education;
(3) one representative of the Maryland Department of Health;
(4) one representative of the Department of State Police;
(5) one representative of the Social Services Administration of the
Department of Human Services;
(6) one representative of a private child welfare agency;
(7) one representative of a youth services bureau;
(8) three representatives of the State judiciary;
(9) one representative of the General Assembly recommended by the
President of the Senate;
(10) one representative of the General Assembly recommended by the
Speaker of the House;
(11) one representative of the Maryland State’s Attorneys’ Association;
(12) one representative of the Maryland Office of the Public Defender; and
(13) nine members of the general public.
(b) Of the nine members from the general public:
(1) three shall be chosen on the basis of their interest in and experience
with minors and juvenile problems;
(2) two shall:
(i) at the time of appointment to a first term, be at least 16 years
old and under the age of 25 years; and
(ii) include at least one individual who has been under the
jurisdiction of the Department;
(3) one shall be an individual who is a parent or guardian of a youth who
has been under the jurisdiction of the Department;
(4) one shall be a victim advocate; and WES MOORE, Governor Ch. 735
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(5) two shall be employees of the Department with different job titles,
recommended by the President of the American Federation of State, County, and Municipal
Employees, Council 3.
(c) (1) The term of a member is 3 years.
(2) The terms of the members are staggered as required by the terms
provided for members of the State Advisory Board on October 1, 2007.
(3) At the end of a term, a member continues to serve until a successor is
appointed and qualifies.
(4) A member who is appointed after a term has begun serves only for the
rest of the term and until a successor is appointed and qualifies.
(5) A member who serves two consecutive full 3–year terms may not be
reappointed for 3 years after completion of those terms.]
[9–213.
(a) From among the members of the State Advisory Board, the Governor shall
appoint a chair.
(b) (1) From among the members of the State Advisory Board, the chair shall
appoint a secretary.
(2) The secretary shall keep full and accurate minutes of each State
Advisory Board meeting.]
[9–214.
(a) The State Advisory Board shall meet regularly at least six times a year on the
call of its chair.
(b) A member of the State Advisory Board:
(1) may not receive compensation as a member of the State Advisory Board;
but
(2) is entitled to reimbursement for expenses under the Standard State
Travel Regulations, as provided in the State budget.
(c) A member of the State Advisory Board may not have a direct or indirect
interest in any contract for building, repairing, equipping, or providing materials or Ch. 735 2024 LAWS OF MARYLAND
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supplies to the Department or have any other financial interest in a contract with the
Department.]
[9–215.
In addition to its other duties specified in this title, the State Advisory Board shall:
(1) consult with and advise the Secretary on:
(i) each aspect of the juvenile services program in the State;
(ii) the educational programs and services of the Department;
(iii) programs designed to divert children from the juvenile justice
system; and
(iv) the treatment and programming needs of females in the juvenile
justice system;
(2) recommend to the Secretary policies and programs to improve juvenile
services in the State;
(3) participate in interpreting for the public the objectives of the
Department;
(4) participate in planning the development and use of available resources
to meet the needs of the Department; and
(5) examine and review fatalities involving children under the supervision
of the Department for the purpose of advising the Secretary on policies and programs to
prevent fatalities, including:
(i) a death caused by a child under the supervision of t he
Department, if the child is convicted or adjudicated for the death; and
(ii) the death of a child under the supervision of the Department.]
[9–230.
(a) With the consent of the State Advisory Board, the Secretary may establish an
advisory board for one or more facilities.
(b) Each board shall consist of individuals that the Secretary and the State
Advisory Board consider to be helpful in matters that relate to the effective operation and
improvement of the facility.
WES MOORE, Governor Ch. 735
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(c) A representative of the Juvenile Justice Monitoring Unit of the Office of the
Attorney General established under Title 6, Subtitle 4 of the State Government Article
shall be available to attend meetings of each advisory board.]
Article – Public Safety
3–531.
(A) THERE IS A GOVERNOR’S OFFICE OF CRIME PREVENTION AND POLICY.
(B) THE OFFICE IS A SEPARATE UNIT WITHIN THE EXECUTIVE
DEPARTMENT .
(C) THE GOVERNOR MAY PROVIDE FOR THE STRUCTURE , DUTIES, AND
RESPONSIBILITIES OF THE OFFICE BY EXECUTIVE O RDER.
Article – Courts and Judicial Proceedings
3–8A–01.
(a) In this subtitle the following words have the meanings indicated, unless the
context of their use indicates otherwise.
(h) (1) “Community detention” means a program monitored by the Department
of Juvenile Services in which a delinquent child or a child alleged to be delinquent is placed
in the home of a parent, guardian, custodian, or other fit person, or in shelter care, as a
condition of probation or as an alternative to detention.
(2) “Community detention” includes electronic monitoring.
3–8A–03.
(a) In addition to the jurisdiction specified in Subtitle 8 of this title, the court has
exclusive original jurisdiction over:
(1) A child:
(i) Who is at least 13 years old alleged to be delinquent; or
(ii) Except as provided in subsection (d) of this section, who is at least
10 years old alleged to have committed an act:
1. That, if committed by an adult, would constitute [a]:
A. A crime of violence, as defined in § 14–101 of the Criminal
Law Article; [or] Ch. 735 2024 LAWS OF MARYLAND
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B. A CRIME INVOLVING HAND GUNS UNDER § 4–203 OR §
4–204 OF THE CRIMINAL LAW ARTICLE;
C. A CRIME INVOLVING FIRE ARMS UNDER § 5–133, §
5–134, § 5–138, § 5–142, § 5–203, OR § 5–703 OF THE PUBLIC SAFETY ARTICLE;
D. AGGRAVATED CRUELTY TO ANIMALS UNDER § 10–606
OF THE CRIMINAL LAW ARTICLE; OR
E. SEXUAL OFFENSE IN THE THIRD DEGREE UNDER §
3–307 OF THE CRIMINAL LAW ARTICLE; OR
2. Arising out of the same incident as an act listed in item 1
of this item;
(2) A child who is in need of supervision;
(3) A child who has received a citation for a violation;
(4) Except as provided in subsection (d)(6) of this section, a peace order
proceeding in which the respondent is a child; and
(5) Proceedings arising under the Interstate Compact on Juveniles.
(b) The court has concurrent jurisdiction over proceedings against an adult for the
violation of § 3–8A–30 of this subtitle. However, the court may waive its jurisdiction under
this subsection upon its own motion or upon the motion of any party to the proceeding, if
charges against the adult arising from the same incident are pending in the criminal court.
Upon motion by either the State’s Attorney or the adult charged under § 3–8A–30 of this
subtitle, the court shall waive its jurisdiction, and the adult shall be tried in the criminal
court according to the usual criminal procedure.
(c) (1) The jurisdiction of the court is concurrent with that of the District Court
in any criminal case arising under the compulsory public school attendance laws of this
State.
(2) The jurisdiction of the court is concurrent with that of a federal court
sitting in the State over proceedings involving a violation of federal law committed by a child
on a military installation of the U.S. Department of Defense if:
(i) The federal court waives exclusive jurisdiction; and
(ii) The violation of federal law is also a crime under State law.
WES MOORE, Governor Ch. 735
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(d) The court does not have jurisdiction over:
(1) A child at least 14 years old alleged to have done an act that, if
committed by an adult, would be a crime punishable by life imprisonment, as well as all
other charges against the child arising out of the same incident, unless an order removing
the proceeding to the court has been filed under § 4–202 of the Criminal Procedure Article;
(2) A child at least 16 years old alleged to have done an act in violation of
any provision of the Transportation Article or other traffic law or ordinance, except an act
that prescribes a penalty of incarceration;
(3) A child at least 16 years old alleged to have done an act in violation of
any provision of law, rule, or regulation governing the use or operation of a boat, except an
act that prescribes a penalty of incarceration;
(4) A child at least 16 years old alleged to have committed any of the
following crimes, as well as all other charges against the child arising out of the same
incident, unless an order removing the proceeding to the court has been filed under § 4–202
of the Criminal Procedure Article:
(i) Abduction;
(ii) Kidnapping;
(iii) Second degree murder;
(iv) Manslaughter, except involuntary manslaughter;
(v) Second degree rape;
(vi) Robbery under § 3–403 of the Criminal Law Article;
(vii) Third degree sexual offense under § 3–307(a)(1) of the Criminal
Law Article;
(viii) A crime in violation of § 5–133, § 5–134, § 5–138, or § 5–203 of the
Public Safety Article;
(ix) Using, wearing, carrying, or transporting a firearm during and
in relation to a drug trafficking crime under § 5–621 of the Criminal Law Article;
(x) Use of a firearm under § 5–622 of the Criminal Law Article;
(xi) Carjacking or armed carjacking under § 3–405 of the Criminal
Law Article;
Ch. 735 2024 LAWS OF MARYLAND
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(xii) Assault in the first degree under § 3–202 of the Criminal Law
Article;
(xiii) Attempted murder in the second degree under § 2–206 of the
Criminal Law Article;
(xiv) Attempted rape in the second degree under § 3–310 of the
Criminal Law Article;
(xv) Attempted robbery under § 3–403 of the Criminal Law Article; or
(xvi) A violation of § 4–203, § 4–204, § 4–404, or § 4–405 of the Criminal
Law Article;
(5) A child who previously has been convicted as an adult of a felony and is
subsequently alleged to have committed an act that would be a felony if committed by an
adult, unless an order removing the proceeding to the court has been filed under § 4–202 of
the Criminal Procedure Article;
(6) A peace order proceeding in which the victim, as defined in §
3–8A–01(cc)(1)(ii) of this subtitle, is a person eligible for relief, as defined in § 4–501 of the
Family Law Article; or
(7) Except as provided in subsection (a)(1)(ii) of this section, a delinquency
proceeding against a child who is under the age of 13 years.
(e) If the child is charged with two or more violations of the Maryland Vehicle
Law, another traffic law or ordinance, or the State Boat Act, allegedly arising out of the
same incident and which would result in the child being brought before both the court and
a court exercising criminal jurisdiction, the court has exclusive jurisdiction over all of the
charges.
(f) A child under the age of 13 years may not be charged with a crime.
3–8A–10.
(c) (1) (I) Except as [otherwise] provided in [this subsection,]
SUBPARAGRAPH (II) OF THIS PARAGRAPH , in considering the complaint, the intake
officer shall make an inquiry within [25 days] 15 BUSINESS DAYS as to whether the court
has jurisdiction and whether judicial action is in the best interests of the public or the child.
(II) IF A LAW ENFORCEMENT OFFICER REQUESTS THA T THE
INTAKE OFFICER AUTHO RIZE DETENTION FOR A CHILD UNDER § 3–8A–15 OF THIS
SUBTITLE AND THE INT AKE OFFICER DOES NOT AUTHORIZE DETENTION , THE
INTAKE OFFICER SHALL MAKE AN INQUIRY WITH IN 2 BUSINESS DAYS AS TO WHETHER WES MOORE, Governor Ch. 735
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THE COURT HAS JURISD ICTION AND WHETHER J UDICIAL ACTION IS IN THE BEST
INTERESTS OF THE PUB LIC OR THE CHILD.
(2) An inquiry need not include an interview of the child who is the subject
of the complaint if the complaint alleges the commission of an act that would be a felony if
committed by an adult or alleges a violation of § 4–203 or § 4–204 of the Criminal Law
Article OR A VIOLATION OF § 5–133, § 5–134, § 5–138, § 5–142, § 5–203, OR § 5–703
OF THE PUBLIC SAFETY ARTICLE.
(3) In accordance with this section, the intake officer [may,] SHALL,
IMMEDIATELY after such inquiry [and within 25 days of receiving the complaint]:
(i) Authorize the filing of a petition or a peace order request or both;
(ii) Propose an informal adjustment of the matter; or
(iii) Refuse authorization to file a petition or a peace order request or
both.
(4) (i) [1. Except as provided in subsubparagraph 2 of this
subparagraph, if] IF a complaint is filed that alleges the commission of an act which would
be a felony if committed by an adult or alleges a violation of § 4–203 or § 4–204 of the
Criminal Law Article OR A VIOLATION OF § 5–133, § 5–134, § 5–138, § 5–142, § 5–203,
OR § 5–703 OF THE PUBLIC SAFETY ARTICLE, and if the intake officer denies
authorization to file a petition or proposes an informal adjustment, the intake officer shall
immediately:
[A.] 1. Forward the complaint to the State’s Attorney; and
[B.] 2. Forward a copy of the entire intake case file to the
State’s Attorney with information as to any and all prior intake involvement with the child.
[2. For a complaint that alleges the commission of an act that
would be a felony if committed by an adult, the intake officer is not required to forward the
complaint and copy of the intake case file to the State’s Attorney if:
A. The intake officer proposes the matter for informal
adjustment;
B. The act did not involve the intentional causing of, or
attempt to cause, the death of or physical injury to another; and
C. The act would not be a crime of violence, as defined under
§ 14–101 of the Criminal Law Article, if committed by an adult.]
Ch. 735 2024 LAWS OF MARYLAND
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(II) IF A COMPLAINT IS FIL ED THAT ALLEGES THE COMMISSION
OF A DELINQUENT ACT BY A CHILD WHO WAS U NDER THE SUPERVISION OF THE
DEPARTMENT OF JUVENILE SERVICES AT THE TIME OF THE ALLEGED DELIN QUENT
ACT, AND IF THE INTAKE OF FICER DENIES AUTHORI ZATION TO FILE A PET ITION OR
PROPOSES INFORMAL AD JUSTMENT, THE INTAKE OFF ICER SHALL IMMEDIATE LY:
1. FORWARD THE COMPLAINT TO THE STATE’S
ATTORNEY; AND
2. FORWARD A COPY OF THE ENTIRE INTAKE CASE F ILE
TO THE STATE’S ATTORNEY WITH INFORMA TION AS TO ANY AND A LL PRIOR INTAKE
INVOLVEMENT WITH THE CHILD.
[(ii)] (III) The State’s Attorney shall make a preliminary review as to
whether the court has jurisdiction and whether judicial action is in the best interests of the
public or the child. The need for restitution may be considered as one factor in the public
interest. After the preliminary review the State’s Attorney shall, within 30 days of the receipt
of the complaint by the State’s Attorney, unless the court extends the time:
1. File a petition or a peace order request or both;
2. Refer the complaint to the Department of Juvenile Services
for informal disposition; or
3. Dismiss the complaint.
(IV) THIS PARAGRAPH MAY NO T BE CONSTRUED TO PR OHIBIT AN
INTAKE OFFICER FROM PROCEEDING WITH AN I NFORMAL ADJUSTMENT W HILE THE
STATE’S ATTORNEY CONDUCTS A P RELIMINARY REVIEW UNDER SU BPARAGRAPH (II)
OR (III) OF THIS PARAGRAPH .
[(iii)] (V) This subsection may not be construed or interpreted to limit
the authority of the State’s Attorney to seek a waiver under § 3–8A–06 of this subtitle.
(5) IF A COMPLAINT IS FIL ED THAT ALLEGES THE COMMISSION OF AN
ACT BY A CHILD UNDER THE AGE OF 13 YEARS THAT, IF COMMITTED BY AN A DULT,
WOULD CONSTITUTE THE FT OF A MOTOR VEHICL E UNDER § 7–105 OF THE CRIMINAL
LAW ARTICLE, THE INTAKE OFFICER S HALL AUTHORIZE THE F ILING OF A PETITION
ALLEGING THAT THE CH ILD IS IN NEED OF SU PERVISION.
(f) (1) During the informal adjustment process, the child shall be subject to
such supervision as the intake officer deems appropriate and if the intake officer decides to
have an intake conference, the child and the child’s parent or guardian shall appear at the
intake conference. WES MOORE, Governor Ch. 735
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(2) The informal adjustment process may not exceed 90 days unless:
(i) That time is extended by the court; or
(ii) The intake officer determines that additional time is necessary for
the child to participate in a substance–related disorder treatment program or a mental
health program that is part of the informal adjustment process.
(3) If the victim, the child, and the child’s parent or guardian do not consent
to an informal adjustment, the intake officer shall authorize the filing of a petition or a peace
order request or both or deny authorization to file a petition or a peace order request or both
under subsection (g) of this section.
(4) (I) If at any time before the completion of an agreed upon informal
adjustment the intake officer believes that the informal adjustment cannot be completed
successfully, the intake officer shall authorize the filing of a petition or a peace order request
or both or deny authorization to file a petition or a peace order request or both under
subsection (g) of this section.
(II) IF THE INTAKE OFFICER DENIES AUTHORIZATION TO FILE A
PETITION OR A PEACE ORDER REQUEST UNDER SUBPARAGRAPH (I) OF THIS
PARAGRAPH , THE INTAKE OFFICER S HALL IMMEDIATELY FOR WARD TO THE STATE’S
ATTORNEY:
1. THE COMPLAINT ; AND
2. A COPY OF THE ENTIRE I NTAKE CASE FILE WITH
INFORMATION AS TO AN Y PRIOR INTAKE INVOL VEMENT WITH THE CHIL D.
(g) (1) If based upon the complaint and the inquiry, the intake officer concludes
that the court has no jurisdiction, or that neither an informal adjustment nor judicial action
is appropriate, the intake officer may deny authorization to file a petition or a peace order
request or both.
(2) If the intake officer denies authorization to file a petition or a peace order
request or both, the intake officer shall inform the following persons of the decision, the
reasons for it, and their right of review provided in this section:
(i) The victim;
(ii) The arresting police officer; and
(iii) The person or agency that filed the complaint or caused it to be
filed.
Ch. 735 2024 LAWS OF MARYLAND
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(3) The intake officer shall inform the persons specified in paragraph (2) of
this subsection BY ELECTRONIC MEANS of the decision to deny authorization to file a
petition for the alleged commission of a delinquent act through use of the form prescribed by
§ 3–8A–11 of this subtitle.
3–8A–14.
(a) A child may be taken into custody under this subtitle by any of the following
methods:
(1) Pursuant to an order of the court;
(2) By a law enforcement officer pursuant to the law of arrest;
(3) By a law enforcement officer or other person authorized by the court if
the officer or other person has reasonable grounds to believe that the child is in immediate
danger from the child’s surroundings and that the child’s removal is necessary for the child’s
protection;
(4) By a law enforcement officer or other person authorized by the court if
the officer or other person has reasonable grounds to believe that the child has run away
from the child’s parents, guardian, or legal custodian; or
(5) In accordance with § 3–8A–14.1 of this subtitle.
(b) (1) (i) If a law enforcement officer takes a child into custody, the officer
shall immediately notify, or cause to be notified, the child’s parents, guardian, or custodian
in a manner reasonably calculated to give actual notice of the action.
(ii) The notice required under subparagraph (i) of this paragraph
shall:
1. Include the child’s location;
2. Provide the reason for the child being taken into custody;
and
3. Instruct the parent, guardian, or custodian on how to make
immediate in–person contact with the child.
(2) After making every reasonable effort to give actual notice to a child’s
parent, guardian, or custodian, the law enforcement officer shall with all reasonable speed:
(i) Release the child to the child’s parents, guardian, or custodian or
to any other person designated by the court, upon their written promise to bring the child
before the court when requested by the court, and such security for the child’s appearance as WES MOORE, Governor Ch. 735
– 41 –
the court may reasonably require, unless the child’s placement in detention or shelter care is
permitted and appears required by § 3–8A–15 of this subtitle; or
(ii) Deliver the child to the court or a place of detention or shelter care
designated by the court.
(c) If a parent, guardian, or custodian fails to bring the child before the court when
requested, the court may:
(1) Issue a writ of attachment directing that the child be taken into custody
and brought before the court; and
(2) Proceed against the parent, guardian, or custodian for contempt.
(D) IF A CHILD IS TAKEN I NTO CUSTODY UNDER TH IS SUBTITLE BY A LAW
ENFORCEM ENT OFFICER PURSUANT TO THE LAW OF ARREST , THE LAW
ENFORCEMENT OFFICER SHALL:
(1) COMPLETE AND FORWARD A WRITTEN COMPLAINT OR CITATION
TO THE DEPARTMENT OF JUVENILE SERVICES FOR PROCESSI NG UNDER § 3–8A–10
OF THIS SUBTITLE;
(2) IF THE CHILD WAS REFERRED TO AN AT –RISK YOUTH PREVENTIO N
AND DIVERSION PROGRA M, AS DEFINED IN § 8–601 OF THE HUMAN SERVICES
ARTICLE, COMPLETE AND FORWARD A WRITTEN REPORT TO THE DEPARTMENT OF
JUVENILE SERVICES INDICATING T HAT THE CHILD WAS DI VERTED TO:
(I) A LAW ENFORC EMENT DIVERSION PROG RAM, INCLUDING A
DIVERSION PROGRAM OP ERATED BY A LOCAL STATE’S ATTORNEY;
(II) A DIVERSION PROGRAM OP ERATED BY ANOTHER AG ENCY OR
ORGANIZATION ;
(III) A LOCAL CARE TEAM ; OR
(IV) ANOTHER COMMUNITY –BASED SERVICE PROVID ER; OR
(3) COMPLETE AND FORWARD A WRITTEN REPORT TO THE
DEPARTMENT OF JUVENILE SERVICES INDICATING T HAT NO FURTHER ACTIO N WAS
TAKEN.
[(d)] (E) (1) (i) In this subsection the following words have the meanings
indicated.
Ch. 735 2024 LAWS OF MARYLAND
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(ii) “Qualifying offense” has the meaning stated in § 8–302 of the
Criminal Procedure Article.
(iii) “Sex trafficking” has the meaning stated in § 5–701 of the Family
Law Article.
(iv) “Victim of human trafficking” has the meaning stated in § 8–302
of the Criminal Procedure Article.
(2) In addition to the requirements for reporting child abuse and neglect
under § 5–704 of the Family Law Article, if a law enforcement officer has reason to believe
that a child who has been detained is a victim of sex trafficking or a victim of human
trafficking, the law enforcement officer shall, as soon as practicable:
(i) Notify an appropriate regional navigator, as defined in § 5–704.4
of the Family Law Article, for the jurisdiction where the child was taken into custody or
where the child is a resident that the child is a suspected victim of sex trafficking or a
suspected victim of human trafficking so the regional navigator can coordinate a service
response;
(ii) Report to the local child welfare agency that the child is a
suspected victim of sex trafficking or a suspected victim of human trafficking; and
(iii) Release the child to the child’s parents, guardian, or custodian if
it is safe and appropriate to do so, or to the local child welfare agency if there is reason to
believe that the child’s safety will be at risk if the child is returned to the child’s parents,
guardian, or custodian.
(3) A law enforcement officer who takes a child who is a suspected victim of
sex trafficking or a suspected victim of human trafficking into custody under subsection
(a)(3) of this section may not detain the child in a juvenile detention facility, as defined under
§ 9–237 of the Human Services Article, if the reason for detaining the child is a suspected
commission of a qualifying offense or § 3–1102 of the Criminal Law Article.
[(e)] (F) The Supreme Court of Maryland may adopt rules concerning
age–appropriate language to be used to advise a child who is taken into custody of the child’s
rights.
3–8A–15.
(b) (3) (I) [A] SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH ,
A child alleged to have committed a delinquent act may not be placed in detention before a
hearing if the most serious offense would be a misdemeanor if committed by an adult, unless:
[(i)] 1. The act [involved a handgun and would be a violation
under the Criminal Law Article or] WOULD BE A VIOLATION OF § 4–203 OR § 4–204 OF WES MOORE, Governor Ch. 735
– 43 –
THE CRIMINAL LAW ARTICLE OR A VIOLATIO N OF § 5–133, § 5–134, § 5–138, § 5–142,
§ 5–203, OR § 5–703 OF the Public Safety Article if committed by an adult; [or]
[(ii)] 2. The child has been adjudicated delinquent at least twice in
the preceding [12 months] 2 YEARS; OR
3. A. THE CHILD WAS UNDER T HE SUPERVISION OF
THE DEPARTMENT OF JUVENILE SERVICES WHEN THE ALL EGED ACT OCCURRED ;
AND
B. THE ALLEGED ACT , IF COMMITTED BY AN A DULT,
WOULD BE SUBJECT TO A PENALTY OF IMPRISO NMENT OF MORE THAN 2 YEARS AND
WOULD NOT CONSTITUTE ASSAULT IN THE SECON D DEGREE UNDER § 3–203 OF THE
CRIMINAL LAW ARTICLE.
(II) EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION,
A CHILD UNDER THE AG E OF 13 MAY NOT BE PLACED IN DETENTION IF:
1. THE ACT WOULD BE A VI OLATION OF § 4–203 OR §
4–204 OF THE CRIMINAL LAW ARTICLE OR A VIOLATIO N OF § 5–133, § 5–134, §
5–138, § 5–142, § 5–203, OR § 5–703 OF THE PUBLIC SAFETY ARTICLE; AND
2. THE CHILD HAS NOT PRE VIOUSLY BEEN
ADJUDICATED DELINQUE NT FOR AN ACT THAT W OULD BE A VIOLATION § 4–203 OR §
4–204 OF THE CRIMINAL LAW ARTICLE OR A VIOLATIO N OF § 5–133, § 5–134, §
5–138, § 5–142, § 5–203, OR § 5–703 OF THE PUBLIC SAFETY ARTICLE.
(e) (3) (ii) If a child who has been released by the Department of Juvenile
Services or the court into community detention violates the conditions of community
detention, and it is necessary to protect the child or others, an intake officer may authorize
the detention of the child.
(k) (1) [If] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, IF a child remains in a facility used for detention, the Department of Juvenile
Services shall:
[(1)] (I) Within 14 days after the child’s initial detention, appear at a
hearing before the court with the child to explain the reasons for continued detention; and
[(2)] (II) Every 14 days thereafter, appear at another hearing before the
court with the child to explain the reasons for continued detention.
Ch. 735 2024 LAWS OF MARYLAND
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(2) A HEARING REQUIRED UND ER THIS SUBSECTION M AY BE WAIVED
ONE TIME ON THE CONS ENT OF THE COURT , THE STATE’S ATTORNEY, AND COUNSEL
FOR THE CHILD.
3–8A–19.
(d) (1) In making a disposition on a petition under this subtitle, the court may:
(i) Subject to § 3–8A–19.6 of this subtitle, place the child on
probation or under supervision in his own home or in the custody or under the guardianship
of a relative or other fit person, upon terms the court deems appropriate, including
community detention;
(ii) Subject to the provisions of paragraphs (2) and (3) of this
subsection, commit the child to the custody or under the guardianship of the Department of
Juvenile Services, the Maryland Department of Health, or a public or licensed private agency
on terms that the court considers appropriate to meet the priorities set forth in § 3–8A–02 of
this subtitle, including designation of the type of facility where the child is to be
accommodated, until custody or guardianship is terminated with approval of the court or
as required under § 3–8A–24 of this subtitle; or
(iii) Order the child, parents, guardian, or custodian of the child to
participate in rehabilitative services that are in the best interest of the child and the family.
(2) In addition to the provisions of paragraph (1) of this subsection, in
making a disposition on a petition, the court may adopt a treatment service plan, as defined
in § 3–8A–20.1 of this subtitle.
(3) (i) A child may not be committed to the Department of Juvenile
Services for out–of–home placement if the most serious offense is:
1. Possession of cannabis under § 5–601(c)(2)(ii) of the
Criminal Law Article;
2. An offense that would be a misdemeanor if committed by
an adult, unless the offense involves a firearm;
3. A technical violation, as defined in § 3–8A–19.6 of this
subtitle; or
4. A first–time violation for making a false statement, report,
or complaint of an emergency or a crime under § 9–501.1 of the Criminal Law Article.
(ii) This paragraph may not be construed to prohibit the court from
committing the child to another appropriate agency.
WES MOORE, Governor Ch. 735
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(4) A child committed under paragraph (1)(ii) of this subsection may not be
accommodated in a facility that has reached budgeted capacity if a bed is available in
another comparable facility in the State, unless the placement to the facility that has reached
budgeted capacity has been recommended by the Department of Juvenile Services.
(5) The court shall consider any oral address made in accordance with §
11–403 of the Criminal Procedure Article or any victim impact statement, as described in §
11–402 of the Criminal Procedure Article, in determining an appropriate disposition on a
petition.
(6) (i) If the court finds that a child enrolled in a public elementary or
secondary school is delinquent or in need of supervision and commits the child to the custody
or under the guardianship of the Department of Juvenile Services, the court may notify the
county superintendent, the supervisor of pupil personnel, or any other official designated by
the county superintendent of the fact that the child has been found to be delinquent or in
need of supervision and has been committed to the custody or under the guardianship of the
Department of Juvenile Services.
(ii) If the court rescinds the commitment order for a child enrolled in
a public elementary or secondary school, the court may notify the county superintendent, the
supervisor of pupil personnel, or any other official designated by the county superintendent
of the fact that the child is no longer committed to the custody of the Department of Juvenile
Services.
(iii) The notice authorized under subparagraphs (i) and (ii) of this
paragraph may not include any order or pleading related to the delinquency or child in need
of supervision case.
(7) IF A CHILD PLACED IN COMMUNITY DETENTION UNDER AN
ELECTRONIC MONITORIN G AGREEMENT UNDER TH IS SUBSECTION VIOLAT ES THE
AGREEMENT , THE DEPARTMENT OF JUVENILE SERVICES SHALL NOT IFY WITHIN 24
HOURS AFTER THE VIOL ATION:
(I) THE JUVENILE COURT ;
(II) THE OFFICE OF THE STATE’S ATTORNEY; AND
(III) THE CHILD’S DEFENSE ATTORNEY .
3–8A–19.6.
(a) (1) In this section[, “technical] THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED .
(2) “GOOD CAUSE ” INCLUDES A CHILD HAV ING TWO OR MORE
UNEXCUSED ABSENCES F ROM A TREATMENT PROG RAM THAT THE CHILD I S ORDERED Ch. 735 2024 LAWS OF MARYLAND
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TO ATTEND AS A CONDI TION OF PROBATION , UNLESS THE CHILD HAS
SUBSTANTIALLY COMPLETED THE TREATM ENT PROGRAM .
(3) “TECHNICAL violation” means a violation of probation that does not
involve:
[(1)] (I) An arrest or a summons issued by a commissioner on a statement
of charges filed by a law enforcement officer;
[(2)] (II) A violation of a criminal prohibition, or an act that would be a
violation of a criminal prohibition if committed by an adult, other than a minor traffic
offense;
[(3)] (III) A violation of a no–contact or stay–away order; or
[(4)] (IV) Absconding.
(b) This section does not apply to an offense committed by a child that, if
committed by an adult, would be a felony and a crime of violence under § 14–101 of the
Criminal Law Article.
(c) The court may not place a child on probation for a term exceeding that provided
in this section.
(d) (1) Except as provided in paragraph (2) of this subsection, if the most
serious offense committed by a child would be a misdemeanor if committed by an adult, the
court may place the child on probation for a period not exceeding [6 months] 1 YEAR.
(2) Subject to paragraph (3) of this subsection, the court may, after a
hearing, extend the probation by periods not exceeding 3 months if the court finds that:
(i) There is good cause to extend the probation; and
(ii) The purpose of extending the probation is to ensure that the child
completes a treatment or rehabilitative program or service.
(3) The total period of the probation, including extensions of the probation,
may not exceed [1 year] 2 YEARS.
(e) (1) Except as provided in paragraph (2) of this subsection, if the most
serious offense committed by a child would be a felony if committed by an adult, the court
may place the child on probation for a period not exceeding [1 year] 2 YEARS.
(2) (i) Subject to paragraph (3) of this subsection, the court may, after a
hearing, extend the probation by periods not exceeding 3 months if the court finds that: WES MOORE, Governor Ch. 735
– 47 –
1. There is good cause to extend the probation; and
2. The purpose of extending the probation is to ensure that the
child completes a treatment or rehabilitative program or service.
(ii) Except as provided in paragraph (3) of this subsection, if the
probation is extended under this paragraph, the total period of the probation may not exceed
[2] 3 years.
(3) (i) Subject to subparagraph (ii) of this paragraph, the court may
extend the period of the probation for a period of time greater than the period described in
paragraph (2)(ii) of this subsection if, after a hearing, the court finds by clear and convincing
evidence that:
1. There is good cause to extend the probation; and
2. Extending the probation is in the best interest of the child.
(ii) If the probation is extended under this paragraph, the total period
of probation, including extensions under paragraph (2) of this subsection, may not exceed
[3] 4 years.
(f) Notwithstanding any other provision of this section, if a child is found to have
committed a violation of probation, except for a technical violation, a court may, after a
hearing, place the child on a new term of probation for a period that is consistent with the
period of probation that may be imposed under this section for the delinquent act for which
the child was originally placed on probation.
3–8A–19.7.
(a) In this section, “technical violation” has the meaning stated in § 3–8A–19.6 of
this subtitle.
(b) A child may not be placed in a facility used for detention for a technical
violation.
3–8A–20.1.
(a) (1) In this section, “treatment service plan” means a plan recommended at
a disposition hearing under § 3–8A–19 of this subtitle or at a disposition review hearing
under this section by the Department of Juvenile Services to the court proposing specific
assistance, guidance, treatment, or rehabilitation of a child.
Ch. 735 2024 LAWS OF MARYLAND
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(2) In making a treatment service plan, a juvenile counselor shall meet with
the child who is the subject of the treatment service plan and the child’s parent, guardian,
or legal custodian to discuss the treatment service plan.
(3) If a child’s parent, guardian, or legal custodian is unable or refuses to
meet with the juvenile counselor, the treatment service plan shall indicate that the parent,
guardian, or legal custodian is unable or refuses to meet, and the reason for the inability or
refusal to meet, if known.
(4) At a minimum, the treatment service plan shall include:
(i) The recommended level of supervision for the child;
(ii) Specific goals for the child and family to meet, along with
timelines for meeting those goals;
(iii) A statement of any condition that the child’s parent, guardian, or
legal custodian must change in order to alleviate any risks to the child;
(iv) A statement of the services to be provided to the child and child’s
family; and
(v) Any other information that may be necessary to make a
disposition consistent with the child’s best interests and the protection of the public interest.
(b) (1) In making a disposition on a petition under § 3–8A–19 of this subtitle, if
the court adopts a treatment service plan, the Department of Juvenile Services shall ensure
that implementation of the treatment service plan occurs within 25 days after the date of
disposition.
(2) If a treatment service plan requires specified supervision, mentoring,
mediation, monitoring, or placement, implementation of the treatment service plan is
considered to have occurred ONLY when the supervision, mentoring, mediation, monitoring,
or placement occurs.
(3) The Department of Juvenile Services shall [certify] PROVIDE
CERTIFICATION in writing to the court within 25 days after the date of disposition whether
implementation of the treatment service plan has occurred AND EXPLAIN ATTEMPTS MADE
TO ENSURE IMPLEMENTA TION.
(4) THE DEPARTMENT OF JUVENILE SERVICES SHALL FORWARD A
COPY OF THE CERTIFIC ATION DESCRIBED IN P ARAGRAPH (3) OF THIS SUBSECTION
TO THE COMMISSION ON JUVENILE JUSTICE REFORM AND EMERGING AND BEST
PRACTICES UNDER § 9–3502 OF THE STATE GOVERNMENT ARTICLE SO THAT THE
COMMISSION MAY EVALUA TE PATTERNS OF FA ILED IMPLEMENTATION . WES MOORE, Governor Ch. 735
– 49 –
(c) (1) If a treatment service plan is not implemented by the Department of
Juvenile Services within 25 days under subsection (b)(3) of this section, the court shall
schedule, within 7 days after receipt of the certification, a disposition review hearing to be
held within 30 days after receipt of the certification.
(2) The court shall give at least 7 days’ notice of the date and time of the
disposition review hearing to each party and to the Department of Juvenile Services.
(d) (1) The court shall hold a disposition review hearing unless the Department
of Juvenile Services certifies in writing to the court prior to the hearing that implementation
of the treatment service plan has occurred.
(2) At a disposition review hearing, the court may:
(i) Revise, in accordance with the provisions of § 3–8A–19 of this
subtitle, the disposition previously made; and
(ii) Revise the treatment service plan previously adopted.
(e) This section may not be construed to provide entitlement to services not
otherwise provided by law.
(f) The Supreme Court of Maryland may adopt rules to implement the provisions
of this section.
3–8A–25.
(A) If a child is committed under this subtitle to an individual or to a public or
private agency or institution:
(1) The juvenile counselor shall visit the child at the child’s placement no
less than once every month, if the placement is in the State;
(2) The court may order the juvenile counselor to visit the child more
frequently than required by item (1) of this [section] SUBSECTION if the court deems it to
be in the child’s best interests; and
(3) The court may require the custodian to file periodic written progress
reports, with recommendations for further supervision, treatment, or rehabilitation.
(B) IF A CHILD IS PLACED ON PROBATION UNDER § 3–8A–19.6 OF THIS
SUBTITLE, THE COURT SHALL BE P ROVIDED WITH A PROGR ESS REPORT IF THE CH ILD
HAS TWO OR MORE UNEX CUSED ABSENCES FROM A TREATMENT PROGRAM THAT THE
CHILD IS ORDERED TO ATTEND AS A CONDITI ON OF PROBATION .
Ch. 735 2024 LAWS OF MARYLAND
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3–8A–27.
(b) (1) A court record pertaining to a child is confidential and its contents may
not be divulged, by subpoena or otherwise, except by order of the court upon good cause
shown or as provided in §§ 7–303 and 22–309 of the Education Article.
(10) This subsection does not prohibit access to and confidential use of a court
record by the [State Advisory Board for Juvenile Services] COMMISSION ON JUVENILE
JUSTICE REFORM AND EMERGING AND BEST PRACTICES if the [Board] COMMISSION
is performing the functions described under [§ 9–215(5) of the Human Services] § 9–3502
OF THE STATE GOVERNMENT Article.
Article – Criminal Procedure
2–108.
(a) A law enforcement officer who charges a minor with a criminal offense shall
make a reasonable attempt to provide actual notice to the parent or guardian of the minor
of the charge.
(b) If a law enforcement officer takes a minor into custody, the law enforcement
officer or the officer’s designee shall make a reasonable attempt to notify the parent or
guardian of the minor in accordance with the requirements of § 3–8A–14 of the Courts
Article.
(C) IF A LAW ENFORCEMENT OFFICER ALLEGES THE COMMISSION OF AN ACT
BY A CHILD UNDER THE AGE OF 13 YEARS THAT, IF COMMITTED BY AN A DULT, WOULD
CONSTITUTE THEFT OF A MOTOR VEHICLE UNDE R § 7–105 OF THE CRIMINAL LAW
ARTICLE, THE LAW ENFORCEMENT OFFICER SHALL FORWAR D THE COMPLAINT TO
THE DEPARTMENT OF JUVENILE SERVICES TO FILE A PE TITION ALLEGING THAT THE
CHILD IS IN NEED OF SUPERVISION.
11–722.
(a) (1) In this section the following words have the meanings indicated.
(2) “County board” has the meaning stated in § 1–101 of the Education
Article.
(3) “JUVENILE REGISTRANT ” HAS THE MEANING STAT ED IN §
11–704.1 OF THIS SUBTITLE.
[(3)] (4) “State Board” has the meaning stated in § 1–101 of the Education
Article.
WES MOORE, Governor Ch. 735
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(b) This section does not apply to a registrant OR A JUVENILE REGIST RANT who
enters real property:
(1) where the registrant’s OR JUVENILE REGISTRA NT’S child is a student
or receives child care, if:
(i) within the past year the registrant OR JUVENILE REGISTRA NT
has been given the specific written permission of the Superintendent of Schools, the local
school board, the principal of the school, or the owner or operator of the registered family
child care home, licensed child care home, or licensed child care institution, as applicable;
and
(ii) the registrant OR JUVENILE REGISTRA NT promptly notifies an
agent or employee of the school, home, or institution of the registrant’s OR JUVENILE
REGISTRANT’S presence and purpose of visit; or
(2) for the purpose of voting at a school on an election day in the State if the
registrant OR JUVENILE REGISTRA NT is properly registered to vote and the registrant’s OR
JUVENILE REGISTRANT ’S polling place is at the school.
(c) Except as provided in subsection (e) of this section, a registrant OR JUVENILE
REGISTRANT may not knowingly enter onto real property:
(1) that is used for public or nonpublic elementary or secondary education;
or
(2) on which is located:
(i) a family child care home registered under Title 5, Subtitle 5 of the
Family Law Article;
(ii) a child care home or a child care institution licensed under Title
5, Subtitle 5 of the Family Law Article; or
(iii) a home where informal child care, as defined in child care subsidy
regulations adopted under Title 13A of the Code of Maryland Regulations, is being provided
or will be provided to a child who does not reside there.
(d) A person who enters into a contract with a county board or a nonpublic school
may not knowingly employ an individual to work at a school if the individual is a registrant
OR JUVENILE REGISTRA NT.
(e) (1) A registrant OR JUVENILE REGISTRA NT who is a student may receive
an education in accordance with State law in any of the following locations:
Ch. 735 2024 LAWS OF MARYLAND
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(i) a location other than a public or nonpublic elementary or
secondary school, including by:
1. participating in the Home and Hospital Teaching Program
for Students; or
2. participating in or attending a program approved by a
county board under paragraph (2) of this subsection;
(ii) a Regional Institute for Children and Adolescents; or
(iii) a nonpublic educational program as provided by § 8–406 of the
Education Article if:
1. the registrant OR JUVENILE REGISTRA NT has notified an
agent or employee of the nonpublic educational program that the registrant OR JUVENILE
REGISTRANT is required to register under this subtitle; and
2. the registrant OR JUVENILE REGISTRANT has been given
specific written permission by an agent or employee of the nonpublic educational program
to attend the nonpublic educational program.
(2) Each county board shall develop and adopt a policy that enables a
registrant OR JUVENILE REGISTRANT who is a student to receive an education as described
under paragraph (1) of this subsection.
(3) The State Board shall develop and adopt guidelines and a model policy
to assist a county board with the development of a policy under paragraph (2) of this
subsection.
(f) A person who violates subsection (c) or (d) of this section is guilty of a
misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine
not exceeding $5,000 or both.
11–914.
Subject to the authority of the Executive Director, the Board shall:
(9) (i) develop pamphlets to notify victims and victim’s representatives
of the rights, services, and procedures provided under Article 47 of the Maryland Declaration
of Rights or State law, how to request information regarding an unsolved case, HOW TO
FILE A COMPLAINT TO THE DEPARTMENT OF JUVENILE SERVICES ALLEGING THA T A
CHILD IS IN NEED OF SUPERVISION, and how to request that an offender be placed on
electronic monitoring or electronic monitoring with victim stay–away alert technology,
including: WES MOORE, Governor Ch. 735
– 53 –
1. one pamphlet relating to the MDEC system protocol
registration process and the time before and after the filing of a charging document other
than an indictment or information in circuit court; and
2. a second pamphlet relating to the time after the filing of an
indictment or information in circuit court; and
(ii) develop a poster to notify victims of the right to request a private
room in a law enforcement agency or unit to report crimes under Title 3 of the Criminal Law
Article; and
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:
Article – Human Services
8–103.
(A) (1) THERE IS A GOVERNOR’S OFFICE FOR CHILDREN.
(2) THE OFFICE IS A SEPARATE UNIT WITHIN THE EXECUTIVE
DEPARTMENT .
(B) THE PURPOSE OF THE OFFICE IS TO PROVIDE A COORDINATED ,
COMPREHENSIVE , INTERAGENCY APPROACH TO PROMOTING THE WEL L–BEING OF
CHILDREN AND FAMILIE S THROUGH A NETWORK OF SUPPORTS , PROGRAMS, AND
SERVICES THAT ARE FA MILY AND CHILD–ORIENTED AND REDUCIN G THE NUMBER OF
CHILDREN LIVING IN P OVERTY.
(C) THE GOVERNOR MAY PROVIDE FOR THE STRUCTURE , DUTIES, AND
RESPONSIBILITIES OF THE OFFICE BY EXECUTIVE O RDER.
8–104.
(A) THERE IS A CHILDREN’S CABINET ADMINISTERED BY THE GOVERNOR’S
OFFICE FOR CHILDREN.
(B) THE PURPOSE OF THE CHILDREN’S CABINET IS TO PROMOTE THE
VISION OF THE STATE FOR A STABLE , SAFE, AND HEALTHY ENVIRONM ENT FOR
CHILDREN AND FAMILIE S.
(C) THE HEAD OF THE GOVERNOR’S OFFICE FOR CHILDREN SHALL SERVE
AS THE CHAIR AND BE RESPONSI BLE FOR THE ADMINIST RATION AND OPERATION S
OF THE CHILDREN’S CABINET. Ch. 735 2024 LAWS OF MARYLAND
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(D) THE GOVERNOR MAY PROVIDE FOR THE STRUCTURE , DUTIES, AND
RESPONSIBILITIES OF THE CHILDREN’S CABINET BY EXECUTIVE ORDER.
8–601.
In this subtitle, “at–risk youth prevention and diversion program” means services
provided to school–aged youth and their families to prevent or divert youth from entering
the juvenile justice system and to help make them ready for adulthood by age 21.
8–605.
On or before December 31 each year, the Office shall report:
(1) to the General Assembly, in accordance with § 2–1257 of the State
Government Article, on the implementation and effectiveness of at–risk youth prevention and
diversion programs; AND
(2) TO THE DEPARTMENT OF JUVENILE SERVICES ON:
(I) THE NUMBER OF CHILDR EN REFERRED TO AN AT –RISK
YOUTH PREVENTION AND DIVERSION PROGRAM IN THE PREVIOUS YEAR ;
(II) THE AGE, GENDER, AND RACE OF CHILDREN REFERRED TO
AN AT–RISK YOUTH PREVENTIO N AND DIVERSION PROG RAM IN THE PREVIOUS YEAR;
AND
(III) THE NUMBER OF CHILDR EN CURRENTLY ENROLLE D IN AN
AT–RISK YOUTH PREVENTIO N AND DIVERSION PROG RAM.
9–101.
(a) In this title the following words have the meanings indicated.
(b) “Department” means the Department of Juvenile Services.
(c) “Secretary” means the Secretary of Juvenile Services.
[(d) “State Advisory Board” means the State Advisory Board for Juvenile Services.]
9–204.
(f) (1) The Secretary shall develop a State Comprehensive Juvenile Services
3–Year Plan.
WES MOORE, Governor Ch. 735
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(2) The Plan shall:
(i) include an inventory of all in–day treatment programs and
residential care programs and an accounting of the residence of all clients;
(ii) include an inventory of nonresidential treatment programs;
(iii) specify the needs of the various areas of services for clients,
including alcohol and drug abuse rehabilitation services;
(iv) specify the needs of clients, including predelinquent diversion
services programs;
(v) establish priorities for the different services needed;
(vi) set standards for the quality of residential services and outreach
services;
(vii) include a program dedicated to reducing recidivism rates of
clients;
(viii) include programs dedicated to diverting children from the
juvenile justice system; [and]
(IX) INCLUDE PROGRAMS DEV ELOPED FOR YOUTH AT THE
HIGHEST RISK OF BECO MING VICTIMS OR PERP ETRATORS OF GUN VIOL ENCE;
(X) INCLUDE PROGRAMS DEV ELOPED SPECIFICALLY FOR
INDIVIDUALS AT LEAST 10 YEARS OLD AND UNDER THE AGE OF 15 YEARS WHO ARE
AT THE HIGHEST RISK OF BECOMING VICTIMS OR PERPETRATORS OF G UN VIOLENCE;
(XI) INCLUDE PROGRAMS DEV ELOPED FOR YOUTH INV OLVED IN
MOTOR VEHICLE THEFT ; AND
[(ix)] (XII) include any other matters that the Secretary considers
appropriate.
(3) The Plan shall be revised for each fiscal year and submitted, subject to
§ 2–1257 of the State Government Article, to the General Assembly by February 1 of each
year.
[9–211.
There is a State Advisory Board for Juvenile Services in the Department.]
Ch. 735 2024 LAWS OF MARYLAND
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[9–212.
(a) The State Advisory Board consists of the following members appointed by the
Governor:
(1) one representative of the Department;
(2) one representative of the State Department of Education;
(3) one representative of the Maryland Department of Health;
(4) one representative of the Department of State Police;
(5) one representative of the Social Services Administration of the
Department of Human Services;
(6) one representative of a private child welfare agency;
(7) one representative of a youth services bureau;
(8) three representatives of the State judiciary;
(9) one representative of the General Assembly recommended by the
President of the Senate;
(10) one representative of the General Assembly recommended by the Speaker
of the House;
(11) one representative of the Maryland State’s Attorneys’ Association;
(12) one representative of the Maryland Office of the Public Defender; and
(13) nine members of the general public.
(b) Of the nine members from the general public:
(1) three shall be chosen on the basis of their interest in and experience with
minors and juvenile problems;
(2) two shall:
(i) at the time of appointment to a first term, be at least 16 years old
and under the age of 25 years; and
(ii) include at least one individual who has been under the
jurisdiction of the Department; WES MOORE, Governor Ch. 735
– 57 –
(3) one shall be an individual who is a parent or guardian of a youth who
has been under the jurisdiction of the Department;
(4) one shall be a victim advocate; and
(5) two shall be employees of the Department with different job titles,
recommended by the President of the American Federation of State, County, and Municipal
Employees, Council 3.
(c) (1) The term of a member is 3 years.
(2) The terms of the members are staggered as required by the terms
provided for members of the State Advisory Board on October 1, 2007.
(3) At the end of a term, a member continues to serve until a successor is
appointed and qualifies.
(4) A member who is appointed after a term has begun serves only for the
rest of the term and until a successor is appointed and qualifies.
(5) A member who serves two consecutive full 3–year terms may not be
reappointed for 3 years after completion of those terms.]
[9–213.
(a) From among the members of the State Advisory Board, the Governor shall
appoint a chair.
(b) (1) From among the members of the State Advisory Board, the chair shall
appoint a secretary.
(2) The secretary shall keep full and accurate minutes of each State
Advisory Board meeting.]
[9–214.
(a) The State Advisory Board shall meet regularly at least six times a year on the
call of its chair.
(b) A member of the State Advisory Board:
(1) may not receive compensation as a member of the State Advisory Board;
but
Ch. 735 2024 LAWS OF MARYLAND
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(2) is entitled to reimbursement for expenses under the Standard State
Travel Regulations, as provided in the State budget.
(c) A member of the State Advisory Board may not have a direct or indirect interest
in any contract for building, repairing, equipping, or providing materials or supplies to the
Department or have any other financial interest in a contract with the Department.]
[9–215.
In addition to its other duties specified in this title, the State Advisory Board shall:
(1) consult with and advise the Secretary on:
(i) each aspect of the juvenile services program in the State;
(ii) the educational programs and services of the Department;
(iii) programs designed to divert children from the juvenile justice
system; and
(iv) the treatment and programming needs of females in the juvenile
justice system;
(2) recommend to the Secretary policies and programs to improve juvenile
services in the State;
(3) participate in interpreting for the public the objectives of the
Department;
(4) participate in planning the development and use of available resources
to meet the needs of the Department; and
(5) examine and review fatalities involving children under the supervision
of the Department for the purpose of advising the Secretary on policies and programs to
prevent fatalities, including:
(i) a death caused by a child under the supervision of the
Department, if the child is convicted or adjudicated for the death; and
(ii) the death of a child under the supervision of the Department.]
[9–230.
(a) With the consent of the State Advisory Board, the Secretary may establish an
advisory board for one or more facilities.
WES MOORE, Governor Ch. 735
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(b) Each board shall consist of individuals that the Secretary and the State
Advisory Board consider to be helpful in matters that relate to the effective operation and
improvement of the facility.
(c) A representative of the Juvenile Justice Monitoring Unit of the Office of the
Attorney General established under Title 6, Subtitle 4 of the State Government Article shall
be available to attend meetings of each advisory board.]
Article – Public Safety
3–531.
(A) THERE IS A GOVERNOR’S OFFICE OF CRIME PREVENTION AND POLICY.
(B) THE OFFICE IS A SEPARATE UNIT WITHIN THE EXECUTIVE
DEPARTMENT .
(C) THE GOVERNOR MAY PROVIDE FOR THE STRUCTURE , DUTIES, AND
RESPONSIBILITIES OF THE OFFICE BY EXECUTIVE O RDER.
Article – State Government
6–401.
(a) In this subtitle the following words have the meanings indicated.
(i) “Unit” means the Juvenile Justice Monitoring Unit of the Office of the Attorney
General.
6–406.
(a) The Unit shall report in a timely manner to the Deputy Director, the Secretary,
THE COMMISSION ON JUVENILE JUSTICE REFORM AND EMERGING A ND BEST
PRACTICES, and, in accordance with § 2–1257 of this article, the Speaker of the House of
Delegates and the President of the Senate:
(1) knowledge of any problem regarding the care, supervision, and
treatment of children in facilities;
(2) findings, actions, and recommendations, related to the investigations of
disciplinary actions, grievances, incident reports, and alleged cases of child abuse and
neglect; and
(3) all other findings and actions related to the monitoring required under
this subtitle.
Ch. 735 2024 LAWS OF MARYLAND
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(b) (1) The Unit shall report quarterly to the Executive Director and the
Secretary.
(2) A copy of the report shall be provided to the [State Advisory Board for
Juvenile Services] COMMISSION ON JUVENILE JUSTICE REFORM AND EMERGING AND
BEST PRACTICES and, in accordance with § 2–1257 of this article, the General Assembly.
(3) The report shall include:
(i) all activities of the Unit;
(ii) actions taken by the Department resulting from the findings and
recommendations of the Unit, including the Department’s response; and
(iii) a summary of any violations of the standards and regulations of
the Department that remained unabated for 30 days or more during the reporting period.
(c) Beginning in 2006, on or before November 30 of each year, the Unit shall report
to the Executive Director, the Secretary, the [advisory boards established under § 9–230 of
the Human Services Article] COMMISSION ON JUVENILE JUSTICE REFORM AND
EMERGING AND BEST PRACTICES, the Governor, and, in accordance with § 2–1257 of this
article, the General Assembly, on all the activities of the Office and the actions taken by the
Department in response to findings and recommendations of the Unit.
9–3501.
In this subtitle, “Commission” means the Commission on Juvenile Justice Reform and
Emerging and Best Practices.
9–3502.
(a) There is a Commission on Juvenile Justice Reform and Emerging and Best
Practices.
(b) (1) The Commission consists of the following members:
[(1)] (I) two members of the Senate of Maryland, appointed by the
President of the Senate;
[(2)] (II) two members of the House of Delegates, appointed by the Speaker
of the House;
[(3)] (III) the Secretary of Juvenile Services;
[(4)] (IV) the Secretary of Human Services; and WES MOORE, Governor Ch. 735
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[(5)] (V) the following members, appointed by the Governor:
[(i)] 1. one representative of an institute for public policy that
specializes in juvenile justice issues in the State;
[(ii)] 2. one representative of an institute operated by the University
of Maryland specializing in providing evidence–based and culturally competent services for
juveniles; [and]
[(iii)] 3. [three representatives] ONE REPRESENTATIVE with
relevant education and experience;
4. ONE LOCAL SCHOOL SUP ERINTENDENT ;
5. ONE SCHOOL PRINCIPAL ;
6. ONE REPRESENTATIVE O F AN ORGANIZATION TH AT
PROVIDES SERVICES TO CHILDREN INVOLVED IN THE JUVENILE JUSTICE SYSTEM;
7. ONE REPRESENTATIVE O F THE MARYLAND
DEPARTMENT OF HEALTH;
8. ONE REPRESENTATIVE O F A PRIVATE CHILD WE LFARE
AGENCY;
9. ONE REPRESENTATIVE O F A YOUTH SERVICES
BUREAU;
10. ONE REPRESENTATIVE O F THE STATE JUDICIARY;
11. ONE REPRESENTATI VE OF THE MARYLAND STATE’S
ATTORNEYS’ ASSOCIATION;
12. ONE REPRESENTATIVE O F THE MARYLAND OFFICE OF
THE PUBLIC DEFENDER;
13. ONE REPRESENTATIVE O F THE MARYLAND CHIEFS OF
POLICE ASSOCIATION;
14. ONE REPRESENTATIVE O F THE MARYLAND SHERIFFS’
ASSOCIATION;
Ch. 735 2024 LAWS OF MARYLAND
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15. ONE REPRESENTATIVE O F THE MARYLAND
CONSORTIUM ON COORDINATED COMMUNITY SUPPORTS; AND
16. SEVEN MEMBERS OF THE GENERAL PUBLIC .
(2) OF THE SEVEN MEMBERS OF THE GENERAL PUBLI C:
(I) ONE SHALL BE CHOSEN ON THE BASIS OF THE MEMBER’S
INTEREST IN AND EXPE RIENCE WITH MINORS A ND JUVENILE PROBLEMS ;
(II) TWO SHALL:
1. AT THE TIME OF THE A PPOINTMENT TO A FIRS T TERM,
BE AT LEAST 16 YEARS OLD AND UNDER THE AGE OF 30 YEARS; AND
2. INCLUDE AT LEAST ONE INDIVIDUAL WHO HAS B EEN
UNDER THE JURISDICTI ON OF THE DEPARTMENT OF JUVENILE SERVICES;
(III) ONE SHALL BE AN INDI VIDUAL WHO IS A PARE NT OR
GUARDIAN OF A YOUTH WHO HAS BEEN UNDER T HE JURISDICTION OF T HE
DEPARTMENT OF JUVENILE SERVICES;
(IV) ONE SHALL BE A VICTI M ADVOCATE; AND
(V) TWO SHALL BE EMPLOYE ES OF THE DEPARTMENT OF
JUVENILE SERVICES WITH DIFFERE NT JOB TITLES , RECOMMENDED BY THE
PRESIDENT OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL
EMPLOYEES, COUNCIL 3.
(C) (1) THE TERM OF AN APPOIN TED MEMBER IS 3 YEARS.
(2) THE TERMS OF THE APPO INTED MEMBERS ARE ST AGGERED AS
REQUIRED BY THE TERM S PROVIDED FOR MEMBE RS OF THE COMMISSION ON JUNE
1, 2024.
(3) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL A
SUCCESSOR IS APPOINT ED AND QUALIFIES .
(4) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES
ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND
QUALIFIES.
WES MOORE, Governor Ch. 735
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(5) AN APPOINTED MEMBER W HO SERVES TWO CONSEC UTIVE FULL
3–YEAR TERMS MAY NOT B E REAPPOINTED FOR 3 YEARS AFTER CO MPLETION OF
THOSE TERMS .
[(c)] (D) (1) [The Governor shall designate the chair of the Commission]
FROM AMONG THE MEMBER S OF THE COMMISSION, THE GOVERNOR, THE
PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE HOUSE SHALL APPOINT A
CHAIR.
(2) (I) FROM AMONG THE MEMBERS OF THE COMMISSION, THE
CHAIR SHALL APPOINT A SECRETARY.
(II) THE SECRETARY SHALL K EEP FULL AND ACCURAT E
MINUTES OF EACH COMMISSION MEETING .
[(d)] (E) The [Department of Juvenile Services and the Department of Human
Services] GOVERNOR’S OFFICE OF CRIME PREVENTION AND POLICY shall provide
staff for the Commission.
[(e)] (F) (1) THE COMMISSION SHALL MEET REGULARLY AT LEAST S IX
TIMES A YEAR ON THE CALL OF ITS CHAIR.
(2) A member of the Commission:
[(1)] (I) may not receive compensation as a member of the Commission;
but
[(2)] (II) is entitled to reimbursement for expenses under the Standard
State Travel Regulations, as provided in the State budget.
[(f)] (G) The Commission shall:
(1) REVIEW AND REPORT ON :
(I) ALL JUVENILE SERVICES , FACILITIES, AND PROGRAMS IN
THE STATE;
(II) THE EDUCATIONAL PROG RAMS AND SERVICES OF THE
DEPARTMENT OF JUVENILE SERVICES;
(III) PROGRAMS DESIGNED TO DIVERT CHILDREN FROM THE
JUVENILE JUSTICE SYS TEM;
Ch. 735 2024 LAWS OF MARYLAND
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(IV) THE TREATMENT AND PROGRAMMING NEEDS OF FEMALES IN
THE JUVENILE JUSTICE SYSTEM;
(V) 1. THE USE OF CHILD IN NEED OF SUPERVISION
PETITIONS; AND
2. THE NUMBER OF CHILD IN NEED OF SUPERVISI ON
PETITIONS AUTHORIZED OR DENIED BY JURISDI CTION; AND
(VI) THE WAIT TIMES FOR PLACEMENT OF CHI LDREN IN
FACILITIES;
[(1)] (2) research culturally competent, evidence–based, research–based,
and promising PROGRAMS AND practices relating to:
(i) child welfare;
(ii) juvenile rehabilitation;
(iii) mental health services for children; and
(iv) prevention and intervention services for juveniles;
[(2)] (3) evaluate the cost–effectiveness of EXISTING AND PROMISI NG
PROGRAMS AND practices researched by the Commission;
[(3)] (4) identify means of evaluating the effectiveness of PROGRAMS AND
practices researched by the Commission; [and]
[(4)] (5) giving special attention to organizations located in or serving
historically underserved communities, identify strategies to enable community–based
organizations that provide services for juveniles to evaluate and validate services and
programming provided by those organizations;
(6) REVIEW DATA RELATING TO ARRESTS , COMPLETION OF
PROGRAMMING , AND RECIDIVISM FROM THE MARYLAND LONGITUDINAL DATA
SYSTEM CENTER;
(7) IDENTIFY OPPORTUNITIES FOR GREATER COORDINA TION
BETWEEN THE DEPARTMENT OF JUVENILE SERVICES, THE OFFICE OF THE STATE’S
ATTORNEY, LAW ENFORCEMENT , AND LOCAL ORGANIZATI ONS THAT PROVIDE
SERVICES TO JUVENILE S;
WES MOORE, Governor Ch. 735
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(8) RECOMMEND POLICIES A ND PROGRAMS TO IMPRO VE JUVENILE
SERVICES IN THE STATE;
(9) PARTICIPATE IN INTER PRETING FOR THE PUBL IC THE
OBJECTIVES OF THE JU VENILE SERVICES IN T HE STATE;
(10) PARTICIPATE IN PLANN ING THE DEVELOPMENT AND USE OF
AVAILABLE RESOURCES TO MEET THE NEEDS OF JUVENILES;
(11) COORDINATE WITH THE MARYLAND DEPARTMENT OF LABOR TO
IDENTIFY POTENTIAL J OB AND APPRENTICESHI P OPPORTUNITIES FOR JUVENILES
UNDER THE SUPERVISIO N OF THE DEPARTMENT OF JUVENILE SERVICES; AND
(12) EXAMINE AND REVIEW F ATALITIES INVOLVING CHILDREN UNDER
THE SUPERVISION OF THE DEPARTMENT OF JUVENILE SERVICES FOR THE PURP OSE
OF PROVIDING RECOMME NDATIONS ON POLICIES AND PROGRAMS TO PREV ENT
FATALITIES, INCLUDING:
(I) A DEATH CAUSED BY A CHILD UNDER THE SUPE RVISION OF
THE DEPARTMENT OF JUVENILE SERVICES, IF THE CHILD IS CONVICTED O R
ADJUDICATED DELINQUE NT FOR THE DEATH ; AND
(II) THE DEATH OF A CHILD UNDER THE SUPERVISIO N OF THE
DEPARTMENT OF JUVENILE SERVICES.
[(g)] (H) On or before [December 31, 2023] OCTOBER 1, 2025, and on or before
[December 31] OCTOBER 1 each year thereafter, the Commission shall report its findings
to the Governor and, in accordance with § 2–1257 of this article, the General Assembly.
Article – State Government
6–401.
(a) In this subtitle the following words have the meanings indicated.
(i) “Unit” means the Juvenile Justice Monitoring Unit of the Office of the
Attorney General.
6–406.
(a) The Unit shall report in a timely manner to the Deputy Director, the
Secretary, THE COMMISSION ON JUVENILE JUSTICE REFORM AND EMERGING AND
BEST PRACTICES, and, in accordance with § 2–1257 of this article, the Speaker of the
House of Delegates and the President of the Senate:
Ch. 735 2024 LAWS OF MARYLAND
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(1) knowledge of any problem regarding the care, supervision, and
treatment of children in facilities;
(2) findings, actions, and recommendations, related to the investigations of
disciplinary actions, grievances, incident reports, and alleged cases of child abuse and
neglect; and
(3) all other findings and actions related to the monitoring required under
this subtitle.
(b) (1) The Unit shall report [quarterly] EVERY 6 MONTHS to the Executive
Director and the Secretary.
(2) A copy of the report shall be provided to the [State Advisory Board for
Juvenile Services] COMMISSION ON JUVENILE JUSTICE REFORM AND EMERGING
AND BEST PRACTICES and, in accordance with § 2–1257 of this article, the General
Assembly.
(3) The report shall include:
(i) all activities of the Unit;
(ii) actions taken by the Department resulting from the findings and
recommendations of the Unit, including the Department’s response; [and]
(iii) a summary of any violations of the standards and regulations of
the Department that remained unabated for 30 days or more during the reporting period;
AND
(IV) 1. A SUMMARY OF SERVICE S THAT ARE PROVIDED TO
CHILDREN UNDER THE S UPERVISION OF THE DEPARTMENT ; AND
2. A LIST OF ANY NECESS ARY SERVICES THAT AR E NOT
BEING PROVIDED TO CH ILDREN UNDER THE SUP ERVISION OF THE DEPARTMENT .
(c) Beginning in 2006, on or before November 30 of each year, the Unit shall
report to the Executive Director, the Secretary, [the advisory boards established under §
9–230 of the Human Services Article] THE COMMISSION ON JUVENILE JUSTICE
REFORM AND EMERGING AND BEST PRACTICES, the Governor, and, in accordance with
§ 2–1257 of this article, the General Assembly, on all the activities of the Office and the
actions taken by the Department in response to findings and recommendations of the Unit.
9–3501.
WES MOORE, Governor Ch. 735
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In this subtitle, “Commission” means the Commission on Juvenile Justice Reform
and Emerging and Best Practices.
9–3502.
(a) There is a Commission on Juvenile Justice Reform and Emerging and Best
Practices.
(b) (1) The Commission consists of the following members:
[(1)] (I) two members of the Senate of Maryland, appointed by the
President of the Senate;
[(2)] (II) two members of the House of Delegates, appointed by the
Speaker of the House;
[(3)] (III) the Secretary of Juvenile Services;
[(4)] (IV) the Secretary of Human Services; and
[(5)] (V) the following members, appointed by the Governor:
[(i)] 1. one representative of an institute for public policy that
specializes in juvenile justice issues in the State;
[(ii)] 2. one representative of an institute operated by the
University of Maryland specializing in providing evidence–based and culturally competent
services for juveniles; [and]
[(iii)] 3. [three representatives] ONE REPRESENTATIVE with
relevant education and experience;
4. ONE REPRESENTATIVE O F THE STATE DEPARTMENT
OF EDUCATION;
5. ONE REPRESENTATIVE O F THE MARYLAND
DEPARTMENT OF HEALTH;
6. ONE REPRESENTATIVE O F THE DEPARTMENT OF
STATE POLICE;
7. ONE REPRESENTATIVE O F A PRIVATE CHILD
WELFARE AGENCY ;
Ch. 735 2024 LAWS OF MARYLAND
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8. ONE REPRESENTATIVE O F A YOUTH SERVICES
BUREAU;
9. ONE REPRESENTATIVE O F THE STATE JUDICIARY ;
10. ONE REPRESENTATIVE O F THE MARYLAND STATE’S
ATTORNEYS’ ASSOCIATION;
11. ONE REPRESENTATIVE O F THE MARYLAND OFFICE
OF THE PUBLIC DEFENDER;
12. ONE REPRESENTATIVE O F EITHER THE MARYLAND
CHIEFS OF POLICE ASSOCIATION OR THE MARYLAND SHERIFFS’ ASSOCIATION;
AND
13. FIVE MEMBERS OF THE GENERAL PUBLIC .
(2) OF THE FIVE MEMBERS F ROM THE GENERAL PUBL IC:
(I) ONE SHALL BE CHOSEN ON THE BAS IS OF THE MEMBER ’S
INTEREST IN AND EXPE RIENCE WITH MINORS A ND JUVENILE PROBLEMS ;
(II) TWO SHALL:
1. AT THE TIME OF APPOI NTMENT TO A FIRST TE RM, BE
AT LEAST 16 YEARS OLD AND UNDER THE AGE OF 30 YEARS; AND
2. INCLUDE AT LEAST ONE INDIVIDUAL WHO HAS BEEN
UNDER THE JURISDICTI ON OF THE DEPARTMENT ;
(III) ONE SHALL BE AN INDI VIDUAL WHO IS A PARE NT OR
GUARDIAN OF A YOUTH WHO HAS BEEN UNDER T HE JURISDICTION OF T HE
DEPARTMENT ; AND
(IV) ONE SHALL BE A VICTI M ADVOCATE.
(C) (1) THE TERM OF A MEMBER IS 3 YEARS.
(2) THE TERMS OF THE MEMB ERS ARE STAGGERED AS REQUIRED BY
THE TERMS PROVIDED F OR MEMBERS OF THE COMMISSION ON OCTOBER 1, 2024.
(3) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL
A SUCCESSOR IS APPOI NTED AND QUALIFIES .
WES MOORE, Governor Ch. 735
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(4) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES
ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND
QUALIFIES.
(5) A MEMBER WHO SERVES TW O CONSECUTIVE FULL 3–YEAR TERMS
MAY NOT BE REAPPOINT ED FOR 3 YEARS AFTER COMPLETION OF THOSE TERMS .
[(c)] (D) (1) [The Governor shall designate the chair of the Commission.]
FROM AMONG THE MEMBER S OF THE COMMISSION, THE GOVERNOR SHALL
APPOINT A CHAIR .
(2) (I) FROM AMONG THE MEMBER S OF THE COMMISSION, THE
CHAIR SHALL APPOINT A SECRETARY .
(II) THE SECRETARY SHALL K EEP FULL AND ACCURAT E
MINUTES OF EACH COMMISSION MEETING .
[(d)] (E) The [Department of Juvenile Services and the Department of Human
Services] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM
SERVICES shall provide staff for the Commission.
[(e)] (F) (1) THE COMMISSION SHALL MEET REGULARLY AT LEAST S IX
TIMES A YEAR ON THE CALL OF ITS CHAIR.
(2) A member of the Commission:
[(1)] (I) may not receive compensation as a member of the Commission;
but
[(2)] (II) is entitled to reimbursement for expenses under the Standard
State Travel Regulations, as provided in the State budget.
[(f)] (G) The Commission shall:
(1) REVIEW:
(I) EACH ASPECT OF THE J UVENILE SERVICES PRO GRAM IN
THE STATE;
(II) THE EDUCATIONAL PROG RAMS AND SERVICES OF THE
DEPARTMENT ;
(III) PROGRAMS DESIGNED TO DIVERT CHILDREN FROM THE
JUVENILE JUSTICE SYS TEM; AND Ch. 735 2024 LAWS OF MARYLAND
– 70 –
(IV) THE TREATMENT AND PR OGRAMMING NEEDS OF F EMALES
IN THE JUVENILE JUST ICE SYSTEM;
[(1)] (2) research culturally competent, evidence–based, research–based,
and promising PROGRAMS AND practices relating to:
(i) child welfare;
(ii) juvenile rehabilitation;
(iii) mental health services for children; and
(iv) prevention and intervention services for juveniles;
[(2)] (3) evaluate the cost–effectiveness of EXISTING AND PROMISI NG
PROGRAMS AND practices researched by the Commission;
[(3)] (4) identify means of evaluating the effectiveness of PROGRAMS
AND practices researched by the Commission; [and]
[(4)] (5) giving special attention to organizations located in or serving
historically underserved communities, identify strategies to enable community–based
organizations that provide services for juveniles to evaluate and validate services and
programming provided by those organizations;
(6) REVIEW DATA RELATING TO ARRESTS , COMPLETION OF
PROGRAMMING , AND RECIDIVISM FROM THE MARYLAND LONGITUDINAL DATA
SYSTEM CENTER;
(7) IDENTIFY OPPORTUNITI ES FOR GREA TER COORDINATION
BETWEEN THE DEPARTMENT OF JUVENILE SERVICES, THE OFFICE OF THE STATE’S
ATTORNEY, LAW ENFORCEMENT , AND LOCAL ORGANIZATI ONS THAT PROVIDE
SERVICES TO JUVENILE S;
(8) RECOMMEND POLICIES A ND PROGRAMS TO IMPRO VE JUVENILE
SERVICES IN THE STATE;
(9) PARTICIPATE IN INTER PRETING FOR THE PUBL IC THE
OBJECTIVES OF THE JU VENILE SERVICES IN T HE STATE;
(10) PARTICIPATE IN PLANN ING THE DEVELOPMENT AND USE OF
AVAILABLE RESOURCES TO MEET THE NEEDS OF JUVENILES; AND
WES MOORE, Governor Ch. 735
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(11) EXAMINE AND REVIEW F ATALITIES INVOLVING CHILDRE N UNDER
THE SUPERVISION OF T HE DEPARTMENT OF JUVENILE SERVICES FOR THE
PURPOSE OF PROVIDING RECOMMENDATIONS ON P OLICIES AND PROGRAMS TO
PREVENT FATALITIES , INCLUDING:
(I) A DEATH CAUSED BY A CHILD UNDER THE SUPE RVISION OF
THE DEPARTMENT OF JUVENILE SERVICES, IF THE CHILD IS CONV ICTED OR
ADJUDICATED FOR THE DEATH; AND
(II) THE DEATH OF A CHILD UNDER THE SUPERVISIO N OF THE
DEPARTMENT OF JUVENILE SERVICES.
[(g)] (H) On or before December 31, 2023, and on or before December 31 each
year thereafter, the Commission shall report its findings to the Governor and, in accordance
with § 2–1257 of this article, the General Assembly.
Chapter 42 of the Acts of 2022
SECTION 2. AND BE IT FURTHER ENACTED, That, on or before April 15, [2023]
2025, the Department of Juvenile Services shall report to the General Assembly, in
accordance with § 2–1257 of the State Government Article, on:
(1) plans to publish an annual report by the Department of Juvenile
Services, in consultation with the Maryland Department of Health, on the length of stay
for juveniles in secure facilities while undergoing competency evaluations and receiving
services;
(2) plans for the inclusion of information and data relating to use of a risk
assessment tool in the Department of Juvenile Services’ Data Resource Guide;
(3) the use of community detention for juveniles in the care and custody of
the Department of Juvenile Services;
(4) the Department of Juvenile Services’ development of forms for
community detention that do not include information relating to house arrests;
(5) the effect of a requirement that the Department of Juvenile Services
provide a robust continuum of community–based alternatives to detention in all
jurisdictions of the State and recommendations for establishing the requirement;
(6) access to mental health services for all juveniles served by the
Department of Juvenile Services;
(7) the feasibility of and any plans for providing quality, evidence–based
programming for juveniles detained in secure juvenile facilities, including educational Ch. 735 2024 LAWS OF MARYLAND
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programming, structured weekend activities, and activities involving family members of
detained juveniles;
(8) the use of community detention, including electronic monitoring, for
juveniles placed on probation;
(9) plans to increase the number of shelter beds available in juvenile
facilities, particularly beds for girls;
(10) plans to track and report data on the number of days juveniles ordered
to shelter care placements remain in secure juvenile facilities;
(11) minimum training standards for staff at juvenile facilities;
(12) surveillance systems at juvenile facilities, including whether all
juvenile facilities are equipped with functioning surveillance cameras capable of monitoring
all areas of juvenile facilities;
(13) minimum standards for facilitating family engagement for juveniles at
juvenile facilities, including standards for facilitating daily contact between juveniles and
their family members;
(14) standards for attorneys to access their clients within all juvenile
facilities in the State;
(15) plans to adopt cognitive behavioral therapy training and restorative
justice training for staff at all juvenile facilities in the State; [and]
(16) plans to transition from the current slate of secure juvenile facilities to
ensure access to both nonresidential and residential facilities that use culturally
competent, evidence–based programming in all jurisdictions of the State; AND
(17) THE NUMBER OF CASES RESOLVED AT INTAKE A ND THE NUMBER
OF CASES REFERRED FO R INFORMAL ADJUSTMEN T WITHIN THE PAST FI SCAL YEAR.
SECTION 2. 3. AND BE IT FURTHER ENACTED, That, on or before December 31,
2024, and on or before December 31 each year thereafter, the Governor’s Office of Crime
Prevention, Youth, and Victim Services and Policy shall report to the General Assembly,
in accordance with § 2–1257 of the State Government Article, on the number of children
arrested and the number of times the arrest resulted in a complaint with the Department
of Juvenile Services in each calendar year.
SECTION 4. AND BE IT FURTHER ENACTED, That the terms of the appointed
members of the Commission on Juvenile Justice Reform and Emerging and Best Practices
who are members of the Commission on the effective date of Section 1 2 of this Act or
initially appointed after the effective date shall expire as follows: WES MOORE, Governor Ch. 735
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(1) seven members in 2025;
(2) seven members in 2026; and
(3) seven members in 2027.
SECTION 5. AND BE IT FURTHER ENACTED, That Section 2 1 of this Act shall
take effect October 1, 2024 January 1, 2025 November 1, 2024.
SECTION 3. 6. AND BE IT FURTHER ENACTED, That , except as provided in
Section 5 of this Act, this Act shall take effect October July June 1, 2024.
Approved by the Governor, May 16, 2024.