EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0744*
SENATE BILL 744
E3 4lr3427
CF HB 814
By: The President and Senator Smith
Introduced and read first time: January 31, 2024
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Juvenile Law – Reform 2
FOR the purpose of altering the jurisdiction of the juvenile court over a child of a certain 3
age alleged to have committed a certain offense; altering certain procedures relating 4
to juvenile intake, juvenile detention, and juvenile probation; repealing certain 5
provisions relating to the State Advisory Board for Juvenile Services; altering certain 6
provisions relating to the Juvenile Justice Monitoring Unit; altering certain 7
provisions relating to the Commission on Juvenile Justice Reform and Emerging and 8
Best Practices; altering a certain reporting requirement of the Department of 9
Juvenile Services; requiring the Governor’s Office of Crime Prevention, Youth, and 10
Victim Services to make a certain report; and generally relating to juvenile law. 11
BY repealing and reenacting, with amendments, 12
Article – Courts and Judicial Proceedings 13
Section 3–8A–03, 3–8A–10(c), 3–8A–14, 3–8A–15(b)(3) and (k), 3–8A–19.6, and 14
3–8A–27(b)(10) 15
Annotated Code of Maryland 16
(2020 Replacement Volume and 2023 Supplement) 17
BY repealing and reenacting, without amendments, 18
Article – Courts and Judicial Proceedings 19
Section 3–8A–19.7 and 3–8A–27(b)(1) 20
Annotated Code of Maryland 21
(2020 Replacement Volume and 2023 Supplement) 22
BY repealing and reenacting, with amendments, 23
Article – Criminal Procedure 24
Section 2–108 25
Annotated Code of Maryland 26
(2018 Replacement Volume and 2023 Supplement) 27
2 SENATE BILL 744
BY repealing and reenacting, with amendments, 1
Article – Human Services 2
Section 9–101 3
Annotated Code of Maryland 4
(2019 Replacement Volume and 2023 Supplement) 5
BY repealing 6
Article – Human Services 7
Section 9–211 through 9–215 and 9–230 8
Annotated Code of Maryland 9
(2019 Replacement Volume and 2023 Supplement) 10
BY repealing and reenacting, without amendments, 11
Article – State Government 12
Section 6–401(a) and (i) and 9–3501 13
Annotated Code of Maryland 14
(2021 Replacement Volume and 2023 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – State Government 17
Section 6–406 and 9–3502 18
Annotated Code of Maryland 19
(2021 Replacement Volume and 2023 Supplement) 20
BY repealing and reenacting, with amendments, 21
Chapter 42 of the Acts of the General Assembly of 2022 22
Section 2 23
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
That the Laws of Maryland read as follows: 25
Article – Courts and Judicial Proceedings 26
3–8A–03. 27
(a) In addition to the jurisdiction specified in Subtitle 8 of this title, the court has 28
exclusive original jurisdiction over: 29
(1) A child: 30
(i) Who is at least 13 years old alleged to be delinquent; or 31
(ii) Except as provided in subsection (d) of this section, who is at least 32
10 years old alleged to have committed an act: 33
1. That, if committed by an adult, would constitute [a]: 34
SENATE BILL 744 3
A. A crime of violence, as defined in § 14–101 of the Criminal 1
Law Article; [or] 2
B. A CRIME INVOLVING WEAP ONS UNDER TITLE 4 OF 3
THE CRIMINAL LAW ARTICLE; 4
C. A CRIME INVOLVING FIRE ARMS UNDER TITLE 5 OF 5
THE PUBLIC SAFETY ARTICLE; 6
D. A CRIME INVO LVING ANIMALS UNDER TITLE 10, 7
SUBTITLE 6 OF THE CRIMINAL LAW ARTICLE; 8
E. SEXUAL OFFENSE IN THE THIRD DEGREE UNDER § 9
3–307 OF THE CRIMINAL LAW ARTICLE; OR 10
F. THEFT OF A MOTOR VEHI CLE UNDER § 7–105 OF THE 11
CRIMINAL LAW ARTICLE; OR 12
2. Arising out of the same incident as an act listed in item 1 13
of this item; 14
(2) A child who is in need of supervision; 15
(3) A child who has received a citation for a violation; 16
(4) Except as provided in subsection (d)(6) of this section, a peace order 17
proceeding in which the respondent is a child; and 18
(5) Proceedings arising under the Interstate Compact on Juveniles. 19
(b) The court has concurrent jurisdiction over proceedings against an adult for 20
the violation of § 3–8A–30 of this subtitle. However, the court may waive its jurisdiction 21
under this subsection upon its own motion or upon the motion of any party to the 22
proceeding, if charges against the adult arising from the same incident are pending in the 23
criminal court. Upon motion by either the State’s Attorney or the adult charged under § 24
3–8A–30 of this subtitle, the court shall waive its jurisdiction, and the adult shall be tried 25
in the criminal court according to the usual criminal procedure. 26
(c) (1) The jurisdiction of the court is concurrent with that of the District Court 27
in any criminal case arising under the compulsory public school attendance laws of this 28
State. 29
(2) The jurisdiction of the court is concurrent with that of a federal court 30
sitting in the State over proceedings involving a violation of federal law committed by a 31
child on a military installation of the U.S. Department of Defense if: 32
4 SENATE BILL 744
(i) The federal court waives exclusive jurisdiction; and 1
(ii) The violation of federal law is also a crime under State law. 2
(d) The court does not have jurisdiction over: 3
(1) A child at least 14 years old alleged to have done an act that, if 4
committed by an adult, would be a crime punishable by life imprisonment, as well as all 5
other charges against the child arising out of the same incident, unless an order removing 6
the proceeding to the court has been filed under § 4–202 of the Criminal Procedure Article; 7
(2) A child at least 16 years old alleged to have done an act in violation of 8
any provision of the Transportation Article or other traffic law or ordinance, except an act 9
that prescribes a penalty of incarceration; 10
(3) A child at least 16 years old alleged to have done an act in violation of 11
any provision of law, rule, or regulation governing the use or operation of a boat, except an 12
act that prescribes a penalty of incarceration; 13
(4) A child at least 16 years old alleged to have committed any of the 14
following crimes, as well as all other charges against the child arising out of the same 15
incident, unless an order removing the proceeding to the court has been filed under § 16
4–202 of the Criminal Procedure Article: 17
(i) Abduction; 18
(ii) Kidnapping; 19
(iii) Second degree murder; 20
(iv) Manslaughter, except involuntary manslaughter; 21
(v) Second degree rape; 22
(vi) Robbery under § 3–403 of the Criminal Law Article; 23
(vii) Third degree sexual offense under § 3–307(a)(1) of the Criminal 24
Law Article; 25
(viii) A crime in violation of § 5–133, § 5–134, § 5–138, or § 5–203 of 26
the Public Safety Article; 27
(ix) Using, wearing, carrying, or transporting a firearm during and 28
in relation to a drug trafficking crime under § 5–621 of the Criminal Law Article; 29
(x) Use of a firearm under § 5–622 of the Criminal Law Article; 30
SENATE BILL 744 5
(xi) Carjacking or armed carjacking under § 3–405 of the Criminal 1
Law Article; 2
(xii) Assault in the first degree under § 3–202 of the Criminal Law 3
Article; 4
(xiii) Attempted murder in the second degree under § 2–206 of the 5
Criminal Law Article; 6
(xiv) Attempted rape in the second degree under § 3–310 of the 7
Criminal Law Article; 8
(xv) Attempted robbery under § 3–403 of the Criminal Law Article; or 9
(xvi) A violation of § 4–203, § 4–204, § 4–404, or § 4–405 of the 10
Criminal Law Article; 11
(5) A child who previously has been convicted as an adult of a felony and is 12
subsequently alleged to have committed an act that would be a felony if committed by an 13
adult, unless an order removing the proceeding to the court has been filed under § 4–202 of 14
the Criminal Procedure Article; 15
(6) A peace order proceeding in which the victim, as defined in § 16
3–8A–01(cc)(1)(ii) of this subtitle, is a person eligible for relief, as defined in § 4–501 of the 17
Family Law Article; or 18
(7) Except as provided in subsection (a)(1)(ii) of this section, a delinquency 19
proceeding against a child who is under the age of 13 years. 20
(e) If the child is charged with two or more violations of the Maryland Vehicle 21
Law, another traffic law or ordinance, or the State Boat Act, allegedly arising out of the 22
same incident and which would result in the child being brought before both the court and 23
a court exercising criminal jurisdiction, the court has exclusive jurisdiction over all of the 24
charges. 25
(f) A child under the age of 13 years may not be charged with a crime. 26
3–8A–10. 27
(c) (1) Except as otherwise provided in this subsection, in considering the 28
complaint, the intake officer shall make an inquiry within [25 days] 15 BUSINESS DAYS 29
as to whether the court has jurisdiction and whether judicial action is in the best interests 30
of the public or the child. 31
(2) An inquiry need not include an interview of the child who is the subject 32
of the complaint if the complaint alleges the commission of an act that would be a felony if 33
committed by an adult or alleges a violation of § 4–203 or § 4–204 of the Criminal Law 34 6 SENATE BILL 744
Article OR A VIOLATION OF § 5–133, § 5–134, § 5–136, § 5–138, § 5–139, § 5–141, § 1
5–142, OR § 5–703 OF THE PUBLIC SAFETY ARTICLE. 2
(3) In accordance with this section, the intake officer [may,] SHALL, 3
IMMEDIATELY after such inquiry [and within 25 days of receiving the complaint]: 4
(i) Authorize the filing of a petition or a peace order request or both; 5
(ii) Propose an informal adjustment of the matter; or 6
(iii) Refuse authorization to file a petition or a peace order request or 7
both. 8
(4) (i) [1. Except as provided in subsubparagraph 2 of this 9
subparagraph, if] IF a complaint is filed that alleges the commission of an act which would 10
be a felony if committed by an adult or alleges a violation of § 4–203 or § 4–204 of the 11
Criminal Law Article OR A VIOLATION OF § 5–133, § 5–134, § 5–136, § 5–138, § 5–139, 12
§ 5–141, § 5–142, OR § 5–703 OF THE PUBLIC SAFETY ARTICLE, and if the intake 13
officer denies authorization to file a petition or proposes an informal adjustment, the intake 14
officer shall immediately: 15
[A.] 1. Forward the complaint to the State’s Attorney; and 16
[B.] 2. Forward a copy of the entire intake case file to the 17
State’s Attorney with information as to any and all prior intake involvement with the child. 18
[2. For a complaint that alleges the commission of an act that 19
would be a felony if committed by an adult, the intake officer is not required to forward the 20
complaint and copy of the intake case file to the State’s Attorney if: 21
A. The intake officer proposes the matter for informal 22
adjustment; 23
B. The act did not involve the intentional causing of, or 24
attempt to cause, the death of or physical injury to another; and 25
C. The act would not be a crime of violence, as defined under 26
§ 14–101 of the Criminal Law Article, if committed by an adult.] 27
(II) IF A COMPLAINT IS FIL ED THAT ALLEGES THE COMMISSION 28
OF A DELINQUENT ACT BY A CHILD WHO WAS U NDER THE SUPERVISION OF THE 29
DEPARTMENT OF JUVENILE SERVICES AT THE TIME OF THE ALLEGED DELINQUENT 30
ACT, AND IF THE INTAKE OF FICER DENIES AUTHORI ZATION TO FILE A PET ITION OR 31
PROPOSES INFORMAL AD JUSTMENT, THE INTAKE OFFICER S HALL IMMEDIATELY : 32
SENATE BILL 744 7
1. FORWARD THE COMPLAINT TO THE STATE’S 1
ATTORNEY; AND 2
2. FORWARD A COPY OF THE ENTIRE INTAKE CASE FILE 3
TO THE STATE’S ATTORNEY WITH INFORMA TION AS TO ANY AND A LL PRIOR INTAKE 4
INVOLVEMENT WITH THE CHILD. 5
[(ii)] (III) The State’s Attorney shall make a preliminary review as 6
to whether the court has jurisdiction and whether judicial action is in the best interests of 7
the public or the child. The need for restitution may be considered as one factor in the public 8
interest. After the preliminary review the State’s Attorney shall, within 30 days of the 9
receipt of the complaint by the State’s Attorney, unless the court extends the time: 10
1. File a petition or a peace order request or both; 11
2. Refer the complaint to the Department of Juvenile 12
Services for informal disposition; or 13
3. Dismiss the complaint. 14
[(iii)] (IV) This subsection may not be construed or interpreted to 15
limit the authority of the State’s Attorney to seek a waiver under § 3–8A–06 of this subtitle. 16
(5) IF A COMPLAINT IS FIL ED THAT ALLEGES THE COMMISSION OF AN 17
ACT BY A CHILD UNDER THE AGE OF 13 YEARS THAT RESULTS I N THE DEATH OF A 18
VICTIM, THE INTAKE OFFICER S HALL AUTHORIZE THE F ILING OF A PETITION 19
ALLEGING THAT THE CH ILD IS EITHER DELINQ UENT OR IN NEED OF SUPERVISI ON. 20
3–8A–14. 21
(a) A child may be taken into custody under this subtitle by any of the following 22
methods: 23
(1) Pursuant to an order of the court; 24
(2) By a law enforcement officer pursuant to the law of arrest; 25
(3) By a law enforcement officer or other person authorized by the court if 26
the officer or other person has reasonable grounds to believe that the child is in immediate 27
danger from the child’s surroundings and that the child’s removal is necessary for the 28
child’s protection; 29
(4) By a law enforcement officer or other person authorized by the court if 30
the officer or other person has reasonable grounds to believe that the child has run away 31
from the child’s parents, guardian, or legal custodian; or 32
8 SENATE BILL 744
(5) In accordance with § 3–8A–14.1 of this subtitle. 1
(b) (1) (i) If a law enforcement officer takes a child into custody, the officer 2
shall immediately notify, or cause to be notified, the child’s parents, guardian, or custodian 3
in a manner reasonably calculated to give actual notice of the action. 4
(ii) The notice required under subparagraph (i) of this paragraph 5
shall: 6
1. Include the child’s location; 7
2. Provide the reason for the child being taken into custody; 8
and 9
3. Instruct the parent, guardian, or custodian on how to 10
make immediate in–person contact with the child. 11
(2) After making every reasonable effort to give actual notice to a child’s 12
parent, guardian, or custodian, the law enforcement officer shall with all reasonable speed: 13
(i) Release the child to the child’s parents, guardian, or custodian or 14
to any other person designated by the court, upon their written promise to bring the child 15
before the court when requested by the court, and such security for the child’s appearance 16
as the court may reasonably require, unless the child’s placement in detention or shelter 17
care is permitted and appears required by § 3–8A–15 of this subtitle; or 18
(ii) Deliver the child to the court or a place of detention or shelter 19
care designated by the court. 20
(c) If a parent, guardian, or custodian fails to bring the child before the court 21
when requested, the court may: 22
(1) Issue a writ of attachment directing that the child be taken into custody 23
and brought before the court; and 24
(2) Proceed against the parent, guardian, or custodian for contempt. 25
(D) IF A CHILD IS TAKEN I NTO CUSTODY UNDER TH IS SUBTITLE BY A LAW 26
ENFORCEMENT OFFICER PURSUANT TO THE LAW OF ARREST , THE LAW 27
ENFORCEMENT OFFICER SHALL COMPLETE AND F ORWARD A WRITTEN COM PLAINT 28
OR CITATION TO THE DEPARTMENT OF JUVENILE SERVICES FOR PROCESSI NG 29
UNDER § 3–8A–10 OF THIS SUBTITLE. 30
[(d)] (E) (1) (i) In this subsection the following words have the meanings 31
indicated. 32
SENATE BILL 744 9
(ii) “Qualifying offense” has the meaning stated in § 8–302 of the 1
Criminal Procedure Article. 2
(iii) “Sex trafficking” has the meaning stated in § 5–701 of the Family 3
Law Article. 4
(iv) “Victim of human trafficking” has the meaning stated in § 8–302 5
of the Criminal Procedure Article. 6
(2) In addition to the requirements for reporting child abuse and neglect 7
under § 5–704 of the Family Law Article, if a law enforcement officer has reason to believe 8
that a child who has been detained is a victim of sex trafficking or a victim of human 9
trafficking, the law enforcement officer shall, as soon as practicable: 10
(i) Notify an appropriate regional navigator, as defined in § 5–704.4 11
of the Family Law Article, for the jurisdiction where the child was taken into custody or 12
where the child is a resident that the child is a suspected victim of sex trafficking or a 13
suspected victim of human trafficking so the regional navigator can coordinate a service 14
response; 15
(ii) Report to the local child welfare agency that the child is a 16
suspected victim of sex trafficking or a suspected victim of human trafficking; and 17
(iii) Release the child to the child’s parents, guardian, or custodian if 18
it is safe and appropriate to do so, or to the local child welfare agency if there is reason to 19
believe that the child’s safety will be at risk if the child is returned to the child’s parents, 20
guardian, or custodian. 21
(3) A law enforcement officer who takes a child who is a suspected victim 22
of sex trafficking or a suspected victim of human trafficking into custody under subsection 23
(a)(3) of this section may not detain the child in a juvenile detention facility, as defined 24
under § 9–237 of the Human Services Article, if the reason for detaining the child is a 25
suspected commission of a qualifying offense or § 3–1102 of the Criminal Law Article. 26
[(e)] (F) The Supreme Court of Maryland may adopt rules concerning 27
age–appropriate language to be used to advise a child who is taken into custody of the 28
child’s rights. 29
3–8A–15. 30
(b) (3) A child alleged to have committed a delinquent act may not be placed 31
in detention before a hearing if the most serious offense would be a misdemeanor if 32
committed by an adult, unless: 33
(i) The act involved a handgun and would be a violation under the 34
Criminal Law Article or the Public Safety Article if committed by an adult; [or] 35
10 SENATE BILL 744
(ii) The child has been adjudicated delinquent at least twice [in the 1
preceding 12 months]; OR 2
(III) 1. THE CHILD WAS UNDER THE SUPERV ISION OF THE 3
DEPARTMENT OF JUVENILE SERVICES WHEN THE ALL EGED ACT OCCURRED ; AND 4
2. THE ALLEGED ACT , IF COMMITTED BY AN A DULT, 5
WOULD BE SUBJECT TO A PENALTY OF IMPRISO NMENT OF MORE THAN 90 DAYS. 6
(k) (1) [If] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 7
SUBSECTION, IF a child remains in a facility used for detention, the Department of 8
Juvenile Services shall: 9
[(1)] (I) Within 14 days after the child’s initial detention, appear at a 10
hearing before the court with the child to explain the reasons for continued detention; and 11
[(2)] (II) Every 14 days thereafter, appear at another hearing before the 12
court with the child to explain the reasons for continued detention. 13
(2) A HEARING REQUIRED UND ER THIS SUBSECTION MAY BE WA IVED 14
ONE TIME ON THE CONS ENT OF THE COURT , THE STATE’S ATTORNEY, AND COUNSEL 15
FOR THE CHILD. 16
3–8A–19.6. 17
(a) In this section, “technical violation” means a violation of probation that does 18
not involve: 19
(1) An arrest or a summons issued by a commissioner on a statement of 20
charges filed by a law enforcement officer; 21
(2) A violation of a criminal prohibition, or an act that would be a violation 22
of a criminal prohibition if committed by an adult, other than a minor traffic offense; 23
(3) A violation of a no–contact or stay–away order; [or] 24
(4) Absconding; OR 25
(5) TWO OR MORE UNEXCUSED FAILURES TO APPEAR A T A 26
TREATMENT PROGRAM OR DERED BY THE COURT . 27
(b) This section does not apply to an offense committed by a child that, if 28
committed by an adult, would be a felony and a crime of violence under § 14–101 of the 29
Criminal Law Article. 30
SENATE BILL 744 11
(c) The court may not place a child on probation for a term exceeding that 1
provided in this section. 2
(d) (1) Except as provided in paragraph (2) of this subsection, if the most 3
serious offense committed by a child would be a misdemeanor if committed by an adult, the 4
court may place the child on probation for a period not exceeding [6 months] 1 YEAR. 5
(2) Subject to paragraph (3) of this subsection, the court may, after a 6
hearing, extend the probation by periods not exceeding [3] 4 months if the court finds that: 7
(i) There is good cause to extend the probation; and 8
(ii) The purpose of extending the probation is to ensure that the child 9
completes a treatment or rehabilitative program or service. 10
(3) The total period of the probation, including extensions of the probation, 11
may not exceed [1 year] 2 YEARS. 12
(e) (1) Except as provided in paragraph (2) of this subsection, if the most 13
serious offense committed by a child would be a felony if committed by an adult, the court 14
may place the child on probation for a period not exceeding [1 year] 2 YEARS. 15
(2) (i) Subject to paragraph (3) of this subsection, the court may, after 16
a hearing, extend the probation by periods not exceeding [3] 4 months if the court finds 17
that: 18
1. There is good cause to extend the probation; and 19
2. The purpose of extending the probation is to ensure that 20
the child completes a treatment or rehabilitative program or service. 21
(ii) Except as provided in paragraph (3) of this subsection, if the 22
probation is extended under this paragraph, the total period of the probation may not 23
exceed [2] 3 years. 24
(3) (i) Subject to subparagraph (ii) of this paragraph, the court may 25
extend the period of the probation for a period of time greater than the period described in 26
paragraph (2)(ii) of this subsection if, after a hearing, the court finds by clear and 27
convincing evidence that: 28
1. There is good cause to extend the probation; and 29
2. Extending the probation is in the best interest of the child. 30
12 SENATE BILL 744
(ii) If the probation is extended under this paragraph, the total 1
period of probation, including extensions under paragraph (2) of this subsection, may not 2
exceed [3] 4 years. 3
(f) Notwithstanding any other provision of this section, if a child is found to have 4
committed a violation of probation, except for a technical violation, a court may, after a 5
hearing, place the child on a new term of probation for a period that is consistent with the 6
period of probation that may be imposed under this section for the delinquent act for which 7
the child was originally placed on probation. 8
3–8A–19.7. 9
(a) In this section, “technical violation” has the meaning stated in § 3–8A–19.6 of 10
this subtitle. 11
(b) A child may not be placed in a facility used for detention for a technical 12
violation. 13
3–8A–27. 14
(b) (1) A court record pertaining to a child is confidential and its contents may 15
not be divulged, by subpoena or otherwise, except by order of the court upon good cause 16
shown or as provided in §§ 7–303 and 22–309 of the Education Article. 17
(10) This subsection does not prohibit access to and confidential use of a 18
court record by the [State Advisory Board for Juvenile Services] COMMISSION ON 19
JUVENILE JUSTICE REFORM AND EMERGING AND BEST PRACTICES if the [Board] 20
COMMISSION is performing the functions described under [§ 9–215(5) of the Human 21
Services Article] § 9–3502 OF THE STATE GOVERNMENT ARTICLE. 22
Article – Criminal Procedure 23
2–108. 24
(a) A law enforcement officer who charges a minor with a criminal offense shall 25
make a reasonable attempt to provide actual notice to the parent or guardian of the minor 26
of the charge. 27
(b) If a law enforcement officer takes a minor into custody, the law enforcement 28
officer or the officer’s designee shall make a reasonable attempt to notify the parent or 29
guardian of the minor in accordance with the requirements of § 3–8A–14 of the Courts 30
Article. 31
(C) IF A LAW ENFORCEMENT OFFICER ALLEGES THE COMMISSION OF AN 32
ACT BY A CHILD UNDER THE AGE OF 13 YEARS THAT RESULTS I N THE DEATH OF A 33 SENATE BILL 744 13
VICTIM, THE LAW ENFORCEMENT OFFI CER SHALL FORWARD TH E COMPLAINT TO 1
THE DEPARTMENT OF JUVENILE SERVICES FOR APPROPRI ATE ACTION. 2
Article – Human Services 3
9–101. 4
(a) In this title the following words have the meanings indicated. 5
(b) “Department” means the Department of Juvenile Services. 6
(c) “Secretary” means the Secretary of Juvenile Services. 7
[(d) “State Advisory Board” means the State Advisory Board for Juvenile 8
Services.] 9
[9–211. 10
There is a State Advisory Board for Juvenile Services in the Department.] 11
[9–212. 12
(a) The State Advisory Board consists of the following members appointed by the 13
Governor: 14
(1) one representative of the Department; 15
(2) one representative of the State Department of Education; 16
(3) one representative of the Maryland Department of Health; 17
(4) one representative of the Department of State Police; 18
(5) one representative of the Social Services Administration of the 19
Department of Human Services; 20
(6) one representative of a private child welfare agency; 21
(7) one representative of a youth services bureau; 22
(8) three representatives of the State judiciary; 23
(9) one representative of the General Assembly recommended by the 24
President of the Senate; 25
14 SENATE BILL 744
(10) one representative of the General Assembly recommended by the 1
Speaker of the House; 2
(11) one representative of the Maryland State’s Attorneys’ Association; 3
(12) one representative of the Maryland Office of the Public Defender; and 4
(13) nine members of the general public. 5
(b) Of the nine members from the general public: 6
(1) three shall be chosen on the basis of their interest in and experience 7
with minors and juvenile problems; 8
(2) two shall: 9
(i) at the time of appointment to a first term, be at least 16 years 10
old and under the age of 25 years; and 11
(ii) include at least one individual who has been under the 12
jurisdiction of the Department; 13
(3) one shall be an individual who is a parent or guardian of a youth who 14
has been under the jurisdiction of the Department; 15
(4) one shall be a victim advocate; and 16
(5) two shall be employees of the Department with different job titles, 17
recommended by the President of the American Federation of State, County, and Municipal 18
Employees, Council 3. 19
(c) (1) The term of a member is 3 years. 20
(2) The terms of the members are staggered as required by the terms 21
provided for members of the State Advisory Board on October 1, 2007. 22
(3) At the end of a term, a member continues to serve until a successor is 23
appointed and qualifies. 24
(4) A member who is appointed after a term has begun serves only for the 25
rest of the term and until a successor is appointed and qualifies. 26
(5) A member who serves two consecutive full 3–year terms may not be 27
reappointed for 3 years after completion of those terms.] 28
[9–213. 29
SENATE BILL 744 15
(a) From among the members of the State Advisory Board, the Governor shall 1
appoint a chair. 2
(b) (1) From among the members of the State Advisory Board, the chair shall 3
appoint a secretary. 4
(2) The secretary shall keep full and accurate minutes of each State 5
Advisory Board meeting.] 6
[9–214. 7
(a) The State Advisory Board shall meet regularly at least six times a year on the 8
call of its chair. 9
(b) A member of the State Advisory Board: 10
(1) may not receive compensation as a member of the State Advisory Board; 11
but 12
(2) is entitled to reimbursement for expenses under the Standard State 13
Travel Regulations, as provided in the State budget. 14
(c) A member of the State Advisory Board may not have a direct or indirect 15
interest in any contract for building, repairing, equipping, or providing materials or 16
supplies to the Department or have any other financial interest in a contract with the 17
Department.] 18
[9–215. 19
In addition to its other duties specified in this title, the State Advisory Board shall: 20
(1) consult with and advise the Secretary on: 21
(i) each aspect of the juvenile services program in the State; 22
(ii) the educational programs and services of the Department; 23
(iii) programs designed to divert children from the juvenile justice 24
system; and 25
(iv) the treatment and programming needs of females in the juvenile 26
justice system; 27
(2) recommend to the Secretary policies and programs to improve juvenile 28
services in the State; 29
16 SENATE BILL 744
(3) participate in interpreting for the public the objectives of the 1
Department; 2
(4) participate in planning the development and use of available resources 3
to meet the needs of the Department; and 4
(5) examine and review fatalities involving children under the supervision 5
of the Department for the purpose of advising the Secretary on policies and programs to 6
prevent fatalities, including: 7
(i) a death caused by a child under the supervision of the 8
Department, if the child is convicted or adjudicated for the death; and 9
(ii) the death of a child under the supervision of the Department.] 10
[9–230. 11
(a) With the consent of the State Advisory Board, the Secretary may establish an 12
advisory board for one or more facilities. 13
(b) Each board shall consist of individuals that the Secretary and the State 14
Advisory Board consider to be helpful in matters that relate to the effective operation and 15
improvement of the facility. 16
(c) A representative of the Juvenile Justice Monitoring Unit of the Office of the 17
Attorney General established under Title 6, Subtitle 4 of the State Government Article 18
shall be available to attend meetings of each advisory board.] 19
Article – State Government 20
6–401. 21
(a) In this subtitle the following words have the meanings indicated. 22
(i) “Unit” means the Juvenile Justice Monitoring Unit of the Office of the 23
Attorney General. 24
6–406. 25
(a) The Unit shall report in a timely manner to the Deputy Director, the 26
Secretary, THE COMMISSION ON JUVENILE JUSTICE REFORM AND EMERGING AND 27
BEST PRACTICES, and, in accordance with § 2–1257 of this article, the Speaker of the 28
House of Delegates and the President of the Senate: 29
(1) knowledge of any problem regarding the care, supervision, and 30
treatment of children in facilities; 31
SENATE BILL 744 17
(2) findings, actions, and recommendations, related to the investigations of 1
disciplinary actions, grievances, incident reports, and alleged cases of child abuse and 2
neglect; and 3
(3) all other findings and actions related to the monitoring required under 4
this subtitle. 5
(b) (1) The Unit shall report [quarterly] EVERY 6 MONTHS to the Executive 6
Director and the Secretary. 7
(2) A copy of the report shall be provided to the [State Advisory Board for 8
Juvenile Services] COMMISSION ON JUVENILE JUSTICE REFORM AND EMERGING 9
AND BEST PRACTICES and, in accordance with § 2–1257 of this article, the General 10
Assembly. 11
(3) The report shall include: 12
(i) all activities of the Unit; 13
(ii) actions taken by the Department resulting from the findings and 14
recommendations of the Unit, including the Department’s response; [and] 15
(iii) a summary of any violations of the standards and regulations of 16
the Department that remained unabated for 30 days or more during the reporting period; 17
AND 18
(IV) 1. A SUMMARY OF SERVICE S THAT ARE PROVIDED TO 19
CHILDREN UNDER THE S UPERVISION OF T HE DEPARTMENT ; AND 20
2. A LIST OF ANY NECESS ARY SERVICES THAT AR E NOT 21
BEING PROVIDED TO CH ILDREN UNDER THE SUP ERVISION OF THE DEPARTMENT . 22
(c) Beginning in 2006, on or before November 30 of each year, the Unit shall 23
report to the Executive Director, the Secretary, [the advisory boards established under § 24
9–230 of the Human Services Article] THE COMMISSION ON JUVENILE JUSTICE 25
REFORM AND EMERGING AND BEST PRACTICES, the Governor, and, in accordance with 26
§ 2–1257 of this article, the General Assembly, on all the activities of the Office and the 27
actions taken by the Department in response to findings and recommendations of the Unit. 28
9–3501. 29
In this subtitle, “Commission” means the Commission on Juvenile Justice Reform 30
and Emerging and Best Practices. 31
9–3502. 32
18 SENATE BILL 744
(a) There is a Commission on Juvenile Justice Reform and Emerging and Best 1
Practices. 2
(b) (1) The Commission consists of the following members: 3
[(1)] (I) two members of the Senate of Maryland, appointed by the 4
President of the Senate; 5
[(2)] (II) two members of the House of Delegates, appointed by the 6
Speaker of the House; 7
[(3)] (III) the Secretary of Juvenile Services; 8
[(4)] (IV) the Secretary of Human Services; and 9
[(5)] (V) the following members, appointed by the Governor: 10
[(i)] 1. one representative of an institute for public policy that 11
specializes in juvenile justice issues in the State; 12
[(ii)] 2. one representative of an institute operated by the 13
University of Maryland specializing in providing evidence–based and culturally competent 14
services for juveniles; [and] 15
[(iii)] 3. [three representatives] ONE REPRESENTATIVE with 16
relevant education and experience; 17
4. ONE REPRESENTATIVE O F THE STATE DEPARTMENT 18
OF EDUCATION; 19
5. ONE REPRESENTATIVE O F THE MARYLAND 20
DEPARTMENT OF HEALTH; 21
6. ONE REPRESENTATIVE O F THE DEPARTMENT OF 22
STATE POLICE; 23
7. ONE REPRESENTATIVE O F A PRIVATE CHILD 24
WELFARE AGENCY ; 25
8. ONE REPRESENTATIVE O F A YOUTH SERVICES 26
BUREAU; 27
9. ONE REPRESENTATIVE O F THE STATE JUDICIARY ; 28
SENATE BILL 744 19
10. ONE REPRESENTATIVE O F THE MARYLAND STATE’S 1
ATTORNEYS’ ASSOCIATION; 2
11. ONE REPRESENTATIVE O F THE MARYLAND OFFICE 3
OF THE PUBLIC DEFENDER; 4
12. ONE REPRESENTATIVE O F EITHER THE MARYLAND 5
CHIEFS OF POLICE ASSOCIATION OR THE MARYLAND SHERIFFS’ ASSOCIATION; 6
AND 7
13. FIVE MEMBERS OF THE GENERAL PUBLIC . 8
(2) OF THE FIVE MEMBERS F ROM THE GENERAL PUBL IC: 9
(I) ONE SHALL BE CHOSEN ON THE BASIS OF THE MEMBER ’S 10
INTEREST IN AND EXPE RIENCE WITH MINORS A ND JUVENILE PROBLEMS ; 11
(II) TWO SHALL: 12
1. AT THE TIME OF APPOI NTMENT TO A FIRST TE RM, BE 13
AT LEAST 16 YEARS OLD AND UNDER THE AGE OF 30 YEARS; AND 14
2. INCLUDE AT LEAST ONE INDIVIDUAL WHO HAS BEEN 15
UNDER THE JURISDICTI ON OF THE DEPARTMENT ; 16
(III) ONE SHALL BE AN INDI VIDUAL WHO IS A PARE NT OR 17
GUARDIAN OF A YOUTH WHO HAS BEEN UNDER T HE JURISDICTION OF T HE 18
DEPARTMENT ; AND 19
(IV) ONE SHALL BE A VICTI M ADVOCATE. 20
(C) (1) THE TERM OF A MEMBE R IS 3 YEARS. 21
(2) THE TERMS OF THE MEMB ERS ARE STAGGERED AS REQUIRED BY 22
THE TERMS PROVIDED F OR MEMBERS OF THE COMMISSION ON OCTOBER 1, 2024. 23
(3) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL 24
A SUCCESSOR IS APPOI NTED AND QUALIFIES . 25
(4) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES 26
ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND 27
QUALIFIES. 28
20 SENATE BILL 744
(5) A MEMBER WHO SERVES TW O CONSECUTIVE FULL 3–YEAR TERMS 1
MAY NOT BE REAPPOINT ED FOR 3 YEARS AFTER COMPLETI ON OF THOSE TERMS. 2
[(c)] (D) (1) [The Governor shall designate the chair of the Commission.] 3
FROM AMONG THE MEMBER S OF THE COMMISSION, THE GOVERNOR SHALL 4
APPOINT A CHAIR . 5
(2) (I) FROM AMONG THE MEMBER S OF THE COMMISSION, THE 6
CHAIR SHALL APPOINT A SECRETARY. 7
(II) THE SECRETARY SHALL K EEP FULL AND ACCURAT E 8
MINUTES OF EACH COMMISSION MEETING . 9
[(d)] (E) The [Department of Juvenile Services and the Department of Human 10
Services] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM 11
SERVICES shall provide staff for the Commission. 12
[(e)] (F) (1) THE COMMISSION SHALL MEET REGULARLY AT LEAST S IX 13
TIMES A YEAR ON THE CALL OF ITS CHAIR. 14
(2) A member of the Commission: 15
[(1)] (I) may not receive compensation as a member of the Commission; 16
but 17
[(2)] (II) is entitled to reimbursement for expenses under the Standard 18
State Travel Regulations, as provided in the State budget. 19
[(f)] (G) The Commission shall: 20
(1) REVIEW: 21
(I) EACH ASPECT OF THE J UVENILE SERVICES PRO GRAM IN 22
THE STATE; 23
(II) THE EDUCATIONA L PROGRAMS AND SERVI CES OF THE 24
DEPARTMENT ; 25
(III) PROGRAMS DESIGNED TO DIVERT CHILDREN FROM THE 26
JUVENILE JUSTICE SYS TEM; AND 27
(IV) THE TREATMENT AND PR OGRAMMING NEEDS OF F EMALES 28
IN THE JUVENILE JUST ICE SYSTEM; 29
SENATE BILL 744 21
[(1)] (2) research culturally competent, evidence–based, research–based, 1
and promising PROGRAMS AND practices relating to: 2
(i) child welfare; 3
(ii) juvenile rehabilitation; 4
(iii) mental health services for children; and 5
(iv) prevention and intervention services for juveniles; 6
[(2)] (3) evaluate the cost–effectiveness of EXISTING AND PROMISI NG 7
PROGRAMS AND practices researched by the Commission; 8
[(3)] (4) identify means of evaluating the effectiveness of PROGRAMS 9
AND practices researched by the Commission; [and] 10
[(4)] (5) giving special attention to organizations located in or serving 11
historically underserved communities, identify strategies to enable community–based 12
organizations that provide services for juveniles to evaluate and validate services and 13
programming provided by those organizations; 14
(6) REVIEW DATA RELATING TO ARRESTS , COMPLETION OF 15
PROGRAMMING , AND RECIDIVISM FROM THE MARYLAND LONGITUDINAL DATA 16
SYSTEM CENTER; 17
(7) IDENTIFY OPPORTUNITI ES FOR GREATER COORD INATION 18
BETWEEN THE DEPARTMENT OF JUVENILE SERVICES, THE OFFICE OF THE STATE’S 19
ATTORNEY, LAW ENFORCEMENT , AND LOCAL ORGANIZATI ONS THAT PROVIDE 20
SERVICES TO JUVENILE S; 21
(8) RECOMMEND POLICIES A ND PROGRAMS TO IMPRO VE JUVENILE 22
SERVICES IN THE STATE; 23
(9) PARTICIPATE IN INTER PRETING FOR THE PUBL IC THE 24
OBJECTIVES OF THE JUV ENILE SERVICES IN TH E STATE; 25
(10) PARTICIPATE IN PLANN ING THE DEVELOPMENT AND USE OF 26
AVAILABLE RESOURCES TO MEET THE NEEDS OF JUVENILES; AND 27
(11) EXAMINE AND REVIEW F ATALITIES INVOLVING CHILDREN UNDER 28
THE SUPERVISION OF T HE DEPARTMENT OF JUVENILE SERVICES FOR THE 29
PURPOSE OF PROVIDING RECOMMENDATIONS ON P OLICIES AND PROGRAMS TO 30
PREVENT FATALITIES , INCLUDING: 31 22 SENATE BILL 744
(I) A DEATH CAUSED BY A CHILD UNDER THE SUPE RVISION OF 1
THE DEPARTMENT OF JUVENILE SERVICES, IF THE CHILD IS CONV ICTED OR 2
ADJUDICATED FOR THE D EATH; AND 3
(II) THE DEATH OF A CHILD UNDER THE SUPERVISIO N OF THE 4
DEPARTMENT OF JUVENILE SERVICES. 5
[(g)] (H) On or before December 31, 2023, and on or before December 31 each 6
year thereafter, the Commission shall report its findings to the Governor and, in accordance 7
with § 2–1257 of this article, the General Assembly. 8
Chapter 42 of the Acts of 2022 9
SECTION 2. AND BE IT FURTHER ENACTED, That, on or before April 15, [2023] 10
2025, the Department of Juvenile Services shall report to the General Assembly, in 11
accordance with § 2–1257 of the State Government Article, on: 12
(1) plans to publish an annual report by the Department of Juvenile 13
Services, in consultation with the Maryland Department of Health, on the length of stay 14
for juveniles in secure facilities while undergoing competency evaluations and receiving 15
services; 16
(2) plans for the inclusion of information and data relating to use of a risk 17
assessment tool in the Department of Juvenile Services’ Data Resource Guide; 18
(3) the use of community detention for juveniles in the care and custody of 19
the Department of Juvenile Services; 20
(4) the Department of Juvenile Services’ development of forms for 21
community detention that do not include information relating to house arrests; 22
(5) the effect of a requirement that the Department of Juvenile Services 23
provide a robust continuum of community –based alternatives to detention in all 24
jurisdictions of the State and recommendations for establishing the requirement; 25
(6) access to mental health services for all juveniles served by the 26
Department of Juvenile Services; 27
(7) the feasibility of and any plans for providing quality, evidence–based 28
programming for juveniles detained in secure juvenile facilities, including educational 29
programming, structured weekend activities, and activities involving family members of 30
detained juveniles; 31
(8) the use of community detention, including electronic monitoring, for 32
juveniles placed on probation; 33 SENATE BILL 744 23
(9) plans to increase the number of shelter beds available in juvenile 1
facilities, particularly beds for girls; 2
(10) plans to track and report data on the number of days juveniles ordered 3
to shelter care placements remain in secure juvenile facilities; 4
(11) minimum training standards for staff at juvenile facilities; 5
(12) surveillance systems at juvenile facilities, including whether all 6
juvenile facilities are equipped with functioning surveillance cameras capable of monitoring 7
all areas of juvenile facilities; 8
(13) minimum standards for facilitating family engagement for juveniles at 9
juvenile facilities, including standards for facilitating daily contact between juveniles and 10
their family members; 11
(14) standards for attorneys to access their clients within all juvenile 12
facilities in the State; 13
(15) plans to adopt cognitive behavioral therapy training and restorative 14
justice training for staff at all juvenile facilities in the State; [and] 15
(16) plans to transition from the current slate of secure juvenile facilities to 16
ensure access to both nonresidential and residential facilities that use culturally 17
competent, evidence–based programming in all jurisdictions of the State; AND 18
(17) THE NUMBER OF CASES RESOLVED AT INTAKE A ND THE NUMBER 19
OF CASES REFERRED F OR INFORMAL ADJUSTME NT WITHIN THE PAST F ISCAL YEAR. 20
SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 31, 21
2024, and on or before December 31 each year thereafter, the Governor’s Office of Crime 22
Prevention, Youth, and Victim Services shall report to the General Assembly, in accordance 23
with § 2–1257 of the State Government Article, on the number of children arrested and the 24
number of times the arrest resulted in a complaint with the Department of Juvenile 25
Services in each calendar year. 26
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
October 1, 2024. 28