EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0744*
SENATE BILL 744
E3 4lr3427
CF HB 814
By: The President and Senator Smith and Senators Smith, Folden, James, and
West
Introduced and read first time: January 31, 2024
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted with floor amendments
Read second time: February 19, 2024
CHAPTER ______
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; requiring the Secretary 5
of Juvenile Services to include certain programs in a certain plan; requiring the State 6
Board of Victim Services to include certain information about filing a complaint 7
alleging a child is in need of supervision in a certain pamphlet; repealing certain 8
provisions relating to the State Advisory Board for Juvenile Services; altering certain 9
provisions relating to the Juvenile Justice Monitoring Unit; altering certain 10
provisions relating to the Commission on Juvenile Justice Reform and Emerging and 11
Best Practices; altering a certain reporting requirement of the Department of 12
Juvenile Services; requiring the Governor’s Office of Crime Prevention, Youth, and 13
Victim Services to make a certain report reports; and generally relating to juvenile 14
law. 15
BY repealing and reenacting, with amendments, 16
Article – Courts and Judicial Proceedings 17
Section 3–8A–03, 3–8A–10(c), 3–8A–10(c) and (f), 3–8A–14, 3–8A–15(b)(3) and (k), 18
3–8A–19.6, 3–8A–25, and 3–8A–27(b)(10) 19
Annotated Code of Maryland 20
(2020 Replacement Volume and 2023 Supplement) 21
BY repealing and reenacting, without amendments, 22 2 SENATE BILL 744
Article – Courts and Judicial Proceedings 1
Section 3–8A–19.7 and 3–8A–27(b)(1) 2
Annotated Code of Maryland 3
(2020 Replacement Volume and 2023 Supplement) 4
BY repealing and reenacting, with amendments, 5
Article – Criminal Procedure 6
Section 2–108 and 11–914(9) 7
Annotated Code of Maryland 8
(2018 Replacement Volume and 2023 Supplement) 9
BY repealing and reenacting, without amendments, 10
Article – Human Services 11
Section 8–601 12
Annotated Code of Maryland 13
(2019 Replacement Volume and 2023 Supplement) 14
BY repealing and reenacting, with amendments, 15
Article – Human Services 16
Section 8–605, 9–101, and 9–204(f) 17
Annotated Code of Maryland 18
(2019 Replacement Volume and 2023 Supplement) 19
BY repealing 20
Article – Human Services 21
Section 9–211 through 9–215 and 9–230 22
Annotated Code of Maryland 23
(2019 Replacement Volume and 2023 Supplement) 24
BY repealing and reenacting, without amendments, 25
Article – State Government 26
Section 6–401(a) and (i) and 9–3501 27
Annotated Code of Maryland 28
(2021 Replacement Volume and 2023 Supplement) 29
BY repealing and reenacting, with amendments, 30
Article – State Government 31
Section 6–406 and 9–3502 32
Annotated Code of Maryland 33
(2021 Replacement Volume and 2023 Supplement) 34
BY repealing and reenacting, with amendments, 35
Chapter 42 of the Acts of the General Assembly of 2022 36
Section 2 37
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 38
That the Laws of Maryland read as follows: 39 SENATE BILL 744 3
Article – Courts and Judicial Proceedings 1
3–8A–03. 2
(a) In addition to the jurisdiction specified in Subtitle 8 of this title, the court has 3
exclusive original jurisdiction over: 4
(1) A child: 5
(i) Who is at least 13 years old alleged to be delinquent; or 6
(ii) Except as provided in subsection (d) of this section, who is at least 7
10 years old alleged to have committed an act: 8
1. That, if committed by an adult, would constitute [a]: 9
A. A crime of violence, as defined in § 14–101 of the Criminal 10
Law Article; [or] 11
B. A CRIME INVOLVING WEAP ONS UNDER TITLE 4 12
VIOLATION OF § 4–203 OR § 4–204 OF THE CRIMINAL LAW ARTICLE; 13
C. A CRIME INVOLVING FIRE ARMS UNDER TITLE 5 14
VIOLATION OF § 5–133, § 5–134, § 5–136, § 5–138, § 5–141, § 5–142, § 5–203, OR § 15
5–703 OF THE PUBLIC SAFETY ARTICLE; OR 16
D. A CRIME INVOLVING ANIM ALS UNDER TITLE 10, 17
SUBTITLE 6 OF THE CRIMINAL LAW ARTICLE; 18
E. D. SEXUAL OFFENSE IN THE THIRD DEGREE UNDER § 19
3–307 OF THE CRIMINAL LAW ARTICLE; OR 20
F. THEFT OF A MOTOR VEHI CLE UNDER § 7–105 OF THE 21
CRIMINAL LAW ARTICLE; OR 22
2. Arising out of the same incident as an act listed in item 1 23
of this item; 24
(2) A child who is in need of supervision; 25
(3) A child who has received a citation for a violation; 26
(4) Except as provided in subsection (d)(6) of this section, a peace order 27
proceeding in which the respondent is a child; and 28
4 SENATE BILL 744
(5) Proceedings arising under the Interstate Compact on Juveniles. 1
(b) The court has concurrent jurisdiction over proceedings against an adult for 2
the violation of § 3–8A–30 of this subtitle. However, the court may waive its jurisdiction 3
under this subsection upon its own motion or upon the motion of any party to the 4
proceeding, if charges against the adult arising from the same incident are pending in the 5
criminal court. Upon motion by either the State’s Attorney or the adult charged under § 6
3–8A–30 of this subtitle, the court shall waive its jurisdiction, and the adult shall be tried 7
in the criminal court according to the usual criminal procedure. 8
(c) (1) The jurisdiction of the court is concurrent with that of the District Court 9
in any criminal case arising under the compulsory public school attendance laws of this 10
State. 11
(2) The jurisdiction of the court is concurrent with that of a federal court 12
sitting in the State over proceedings involving a violation of federal law committed by a 13
child on a military installation of the U.S. Department of Defense if: 14
(i) The federal court waives exclusive jurisdiction; and 15
(ii) The violation of federal law is also a crime under State law. 16
(d) The court does not have jurisdiction over: 17
(1) A child at least 14 years old alleged to have done an act that, if 18
committed by an adult, would be a crime punishable by life imprisonment, as well as all 19
other charges against the child arising out of the same incident, unless an order removing 20
the proceeding to the court has been filed under § 4–202 of the Criminal Procedure Article; 21
(2) A child at least 16 years old alleged to have done an act in violation of 22
any provision of the Transportation Article or other traffic law or ordinance, except an act 23
that prescribes a penalty of incarceration; 24
(3) A child at least 16 years old alleged to have done an act in violation of 25
any provision of law, rule, or regulation governing the use or operation of a boat, except an 26
act that prescribes a penalty of incarceration; 27
(4) A child at least 16 years old alleged to have committed any of the 28
following crimes, as well as all other charges against the child arising out of the same 29
incident, unless an order removing the proceeding to the court has been filed under § 30
4–202 of the Criminal Procedure Article: 31
(i) Abduction; 32
(ii) Kidnapping; 33
(iii) Second degree murder; 34 SENATE BILL 744 5
(iv) Manslaughter, except involuntary manslaughter; 1
(v) Second degree rape; 2
(vi) Robbery under § 3–403 of the Criminal Law Article; 3
(vii) Third degree sexual offense under § 3–307(a)(1) of the Criminal 4
Law Article; 5
(viii) A crime in violation of § 5–133, § 5–134, § 5–138, or § 5–203 of 6
the Public Safety Article; 7
(ix) Using, wearing, carrying, or transporting a firearm during and 8
in relation to a drug trafficking crime under § 5–621 of the Criminal Law Article; 9
(x) Use of a firearm under § 5–622 of the Criminal Law Article; 10
(xi) Carjacking or armed carjacking under § 3–405 of the Criminal 11
Law Article; 12
(xii) Assault in the first degree under § 3–202 of the Criminal Law 13
Article; 14
(xiii) Attempted murder in the second degree under § 2–206 of the 15
Criminal Law Article; 16
(xiv) Attempted rape in the second degree under § 3–310 of the 17
Criminal Law Article; 18
(xv) Attempted robbery under § 3–403 of the Criminal Law Article; or 19
(xvi) A violation of § 4–203, § 4–204, § 4–404, or § 4–405 of the 20
Criminal Law Article; 21
(5) A child who previously has been convicted as an adult of a felony and is 22
subsequently alleged to have committed an act that would be a felony if committed by an 23
adult, unless an order removing the proceeding to the court has been filed under § 4–202 of 24
the Criminal Procedure Article; 25
(6) A peace order proceeding in which the victim, as defined in § 26
3–8A–01(cc)(1)(ii) of this subtitle, is a person eligible for relief, as defined in § 4–501 of the 27
Family Law Article; or 28
(7) Except as provided in subsection (a)(1)(ii) of this section, a delinquency 29
proceeding against a child who is under the age of 13 years. 30
6 SENATE BILL 744
(e) If the child is charged with two or more violations of the Maryland Vehicle 1
Law, another traffic law or ordinance, or the State Boat Act, allegedly arising out of the 2
same incident and which would result in the child being brought before both the court and 3
a court exercising criminal jurisdiction, the court has exclusive jurisdiction over all of the 4
charges. 5
(f) A child under the age of 13 years may not be charged with a crime. 6
3–8A–10. 7
(c) (1) (I) Except as otherwise provided in this subsection, 8
SUBPARAGRAPH (II) OF THIS PARAGRAPH , in considering the complaint, the intake 9
officer shall make an inquiry within [25 days] 15 BUSINESS DAYS as to whether the court 10
has jurisdiction and whether judicial action is in the best interests of the public or the child. 11
(II) IF A LAW ENFORCEMENT OFFICER REQUESTS THA T THE 12
INTAKE OFFICER AUTHO RIZE DETENTION FOR A CHILD UNDER § 3–8A–15 OF THIS 13
SUBTITLE AND THE INT AKE OFFICER DOES NOT AUTHORIZE DETENTION , THE 14
INTAKE OFFICER SHALL MAKE AN INQUIRY WITH IN 2 BUSINESS DAYS AS TO 15
WHETHER THE COURT HA S JURISDICTION AND W HETHER JUDICIAL ACTI ON IS IN 16
THE BEST INTERESTS O F THE PUBLIC OR THE CHILD. 17
(2) An inquiry need not include an interview of the child who is the subject 18
of the complaint if the complaint alleges the commission of an act that would be a felony if 19
committed by an adult or alleges a violation of § 4–203 or § 4–204 of the Criminal Law 20
Article OR A VIOLATION OF § 5–133, § 5–134, § 5–136, § 5–138, § 5–139, § 5–141, § 21
5–142, § 5–203, OR § 5–703 OF THE PUBLIC SAFETY ARTICLE. 22
(3) In accordance with this section, the intake officer [may,] SHALL, 23
IMMEDIATELY after such inquiry [and within 25 days of receiving the complaint]: 24
(i) Authorize the filing of a petition or a peace order request or both; 25
(ii) Propose an informal adjustment of the matter; or 26
(iii) Refuse authorization to file a petition or a peace order request or 27
both. 28
(4) (i) [1. Except as provided in subsubparagraph 2 of this 29
subparagraph, if] IF a complaint is filed that alleges the commission of an act which would 30
be a felony if committed by an adult or alleges a violation of § 4–203 or § 4–204 of the 31
Criminal Law Article OR A VIOLATION OF § 5–133, § 5–134, § 5–136, § 5–138, § 5–139, 32
§ 5–141, § 5–142, § 5–203, OR § 5–703 OF THE PUBLIC SAFETY ARTICLE, and if the 33
intake officer denies authorization to file a petition or proposes an informal adjustment, 34
the intake officer shall immediately: 35
SENATE BILL 744 7
[A.] 1. Forward the complaint to the State’s Attorney; and 1
[B.] 2. Forward a copy of the entire intake case file to the 2
State’s Attorney with information as to any and all prior intake involvement with the child. 3
[2. For a complaint that alleges the commission of an act that 4
would be a felony if committed by an adult, the intake officer is not required to forward the 5
complaint and copy of the intake case file to the State’s Attorney if: 6
A. The intake officer proposes the matter for informal 7
adjustment; 8
B. The act did not involve the intentional causing of, or 9
attempt to cause, the death of or physical injury to another; and 10
C. The act would not be a crime of violence, as defined under 11
§ 14–101 of the Criminal Law Article, if committed by an adult.] 12
(II) IF A COMPLAINT IS FIL ED THAT ALLEGES THE COMMI SSION 13
OF A DELINQUENT ACT BY A CHILD WHO WAS U NDER THE SUPERVISION OF THE 14
DEPARTMENT OF JUVENILE SERVICES AT THE TIME OF THE ALLEGED DELIN QUENT 15
ACT, AND IF THE INTAKE OF FICER DENIES AUTHORI ZATION TO FILE A PET ITION OR 16
PROPOSES INFORMAL ADJUSTMENT , THE INTAKE OFFICER S HALL IMMEDIATELY : 17
1. FORWARD THE COMPLAINT TO THE STATE’S 18
ATTORNEY; AND 19
2. FORWARD A COPY OF THE ENTIRE INTAKE CASE F ILE 20
TO THE STATE’S ATTORNEY WITH INFORMA TION AS TO ANY AND A LL PRIOR INTAKE 21
INVOLVEMENT WITH THE CHILD. 22
[(ii)] (III) (II) The State’s Attorney shall make a preliminary 23
review as to whether the court has jurisdiction and whether judicial action is in the best 24
interests of the public or the child. The need for restitution may be considered as one factor 25
in the public interest. After the preliminary review the State’s Attorney shall, within 30 26
days of the receipt of the complaint by the State’s Attorney, unless the court extends the 27
time: 28
1. File a petition or a peace order request or both; 29
2. Refer the complaint to the Department of Juvenile 30
Services for informal disposition; or 31
3. Dismiss the complaint. 32
8 SENATE BILL 744
(III) THIS PARAGRAPH MAY NO T BE CONSTRUED TO PR OHIBIT 1
AN INTAKE OFFICER FR OM PROCEEDING WITH A N INFORMAL ADJUSTMEN T WHILE 2
THE STATE’S ATTORNEY CONDUCTS A P RELIMINARY REVIEW UN DER 3
SUBPARAGRAPH (II) OF THIS PARAGRAPH . 4
[(iii)] (IV) This subsection may not be construed or interpreted to 5
limit the authority of the State’s Attorney to seek a waiver under § 3–8A–06 of this subtitle. 6
(5) IF A COMPLAINT IS FIL ED THAT ALLEGES THE COMMISSION OF AN 7
ACT BY A CHILD UNDER THE AGE OF 13 YEARS THAT RESULTS I N THE DEATH OF A 8
VICTIM, THE INTAKE OFFICER S HALL AUTHORIZE THE F ILING OF A PETITION 9
ALLEGING THAT THE CH ILD IS EITHER DELINQ UENT OR IN NEED OF S UPERVISION. 10
(5) IF A COMPLAINT IS FIL ED THAT ALLEGES THE COMMISSION OF AN 11
ACT BY A CHILD UNDER THE AGE OF 13 YEARS THAT, IF COMMITTED BY AN A DULT, 12
WOULD CONSTITUTE THE FT OF A MOTOR VEHICL E UNDER § 7–105 OF THE CRIMINAL 13
LAW ARTICLE, THE INTAKE OFFICER S HALL AUTHORIZE THE F ILING OF A PETITION 14
ALLEGING THAT THE CH ILD IS IN NEED OF SUPERVISION. 15
(f) (1) During the informal adjustment process, the child shall be subject to 16
such supervision as the intake officer deems appropriate and if the intake officer decides to 17
have an intake conference, the child and the child’s parent or guardian shall appear at the 18
intake conference. 19
(2) The informal adjustment process may not exceed 90 days unless: 20
(i) That time is extended by the court; or 21
(ii) The intake officer determines that additional time is necessary 22
for the child to participate in a substance–related disorder treatment program or a mental 23
health program that is part of the informal adjustment process. 24
(3) If the victim, the child, and the child’s parent or guardian do not consent 25
to an informal adjustment, the intake officer shall authorize the filing of a petition or a 26
peace order request or both or deny authorization to file a petition or a peace order request 27
or both under subsection (g) of this section. 28
(4) (I) If at any time before the completion of an agreed upon informal 29
adjustment the intake officer believes that the informal adjustment cannot be completed 30
successfully, the intake officer shall authorize the filing of a petition or a peace order 31
request or both or deny authorization to file a petition or a peace order request or both 32
under subsection (g) of this section. 33
(II) IF THE INTAKE OFFICER DENIES AUTHORIZATION TO FILE A 34
PETITION OR A PEACE ORDER REQUEST UNDER SUBPARAGRAPH (I) OF THIS 35 SENATE BILL 744 9
PARAGRAPH , THE INTAKE OFFICER S HALL IMMEDIATELY FOR WARD TO THE STATE’S 1
ATTORNEY: 2
1. THE COMPLAINT ; AND 3
2. A COPY OF THE ENTIRE I NTAKE CASE FILE WITH 4
INFORMATION AS TO AN Y PRIOR INTAKE INVOLVE MENT WITH THE CHILD . 5
3–8A–14. 6
(a) A child may be taken into custody under this subtitle by any of the following 7
methods: 8
(1) Pursuant to an order of the court; 9
(2) By a law enforcement officer pursuant to the law of arrest; 10
(3) By a law enforcement officer or other person authorized by the court if 11
the officer or other person has reasonable grounds to believe that the child is in immediate 12
danger from the child’s surroundings and that the child’s removal is necessary for the 13
child’s protection; 14
(4) By a law enforcement officer or other person authorized by the court if 15
the officer or other person has reasonable grounds to believe that the child has run away 16
from the child’s parents, guardian, or legal custodian; or 17
(5) In accordance with § 3–8A–14.1 of this subtitle. 18
(b) (1) (i) If a law enforcement officer takes a child into custody, the officer 19
shall immediately notify, or cause to be notified, the child’s parents, guardian, or custodian 20
in a manner reasonably calculated to give actual notice of the action. 21
(ii) The notice required under subparagraph (i) of this paragraph 22
shall: 23
1. Include the child’s location; 24
2. Provide the reason for the child being taken into custody; 25
and 26
3. Instruct the parent, guardian, or custodian on how to 27
make immediate in–person contact with the child. 28
(2) After making every reasonable effort to give actual notice to a child’s 29
parent, guardian, or custodian, the law enforcement officer shall with all reasonable speed: 30
10 SENATE BILL 744
(i) Release the child to the child’s parents, guardian, or custodian or 1
to any other person designated by the court, upon their written promise to bring the child 2
before the court when requested by the court, and such security for the child’s appearance 3
as the court may reasonably require, unless the child’s placement in detention or shelter 4
care is permitted and appears required by § 3–8A–15 of this subtitle; or 5
(ii) Deliver the child to the court or a place of detention or shelter 6
care designated by the court. 7
(c) If a parent, guardian, or custodian fails to bring the child before the court 8
when requested, the court may: 9
(1) Issue a writ of attachment directing that the child be taken into custody 10
and brought before the court; and 11
(2) Proceed against the parent, guardian, or custodian for contempt. 12
(D) IF A LAW ENFORCEMENT OFFICER DETERMINES T HAT A CHILD COULD 13
BE TAKEN INTO CUSTOD Y PURSUANT TO THE LA W OF ARREST AND THE LAW 14
ENFORCEMENT OFFICER ELECTS TO NOT TAKE T HE CHILD INTO CUSTODY, THE LAW 15
ENFORCEMENT OFFICER SHALL COMPLETE A WRI TTEN REPORT AND FORW ARD THE 16
REPORT TO THE DEPARTMENT STATING TH E CIRCUMSTANCES OF T HE 17
INTERACTION AND THE CHILD’S NAME, ADDRESS, AND PARENTAL OR CUST ODIAL 18
CONTACT INFORMATION . 19
(E) IF A CHILD IS TAK EN INTO CUSTODY UNDE R THIS SUBTITLE BY A LAW 20
ENFORCEMENT OFFICER PURSUANT TO THE LAW OF ARREST , THE LAW 21
ENFORCEMENT OFFICER SHALL COMPLETE AND F ORWARD A: 22
(1) A WRITTEN COMPLAINT OR CITATION TO THE DEPARTMENT OF 23
JUVENILE SERVICES FOR PROCESSI NG UNDER § 3–8A–10 OF THIS SUBTITLE; 24
(2) IF THE CHILD WAS REFE RRED TO AN AT –RISK YOUTH 25
PREVENTION AND DIVER SION PROGRAM , AS DEFINED IN § 8–601 OF THE HUMAN 26
SERVICES ARTICLE, A WRITTEN REPORT TO THE DEPARTMENT OF JUVENILE 27
SERVICES INDICATING T HAT THE CHILD WAS DI VERTED TO: 28
(I) A LAW ENFORCEMENT DIVE RSION PROGRAM , INCLUDING A 29
DIVERSION PROGRAM OP ERATED BY A LOCAL STATE’S ATTORNEY; 30
(II) A DIVERSION PROGRAM OP ERATED BY ANOTHER AG ENCY 31
OR ORGANIZATION ; 32
(III) A LOCAL CARE TEAM ; OR 33
SENATE BILL 744 11
(IV) ANOTHER COMMUNITY –BASED SERVICE PROVID ER; OR 1
(3) A WRITTEN REPORT TO TH E DEPARTMENT OF JUVENILE 2
SERVICES INDICATING T HAT NO FURTHER ACTIO N WAS TAKEN. 3
[(d)] (E) (F) (1) (i) In this subsection the following words have the meanings 4
indicated. 5
(ii) “Qualifying offense” has the meaning stated in § 8–302 of the 6
Criminal Procedure Article. 7
(iii) “Sex trafficking” has the meaning stated in § 5–701 of the Family 8
Law Article. 9
(iv) “Victim of human trafficking” has the meaning stated in § 8–302 10
of the Criminal Procedure Article. 11
(2) In addition to the requirements for reporting child abuse and neglect 12
under § 5–704 of the Family Law Article, if a law enforcement officer has reason to believe 13
that a child who has been detained is a victim of sex trafficking or a victim of human 14
trafficking, the law enforcement officer shall, as soon as practicable: 15
(i) Notify an appropriate regional navigator, as defined in § 5–704.4 16
of the Family Law Article, for the jurisdiction where the child was taken into custody or 17
where the child is a resident that the child is a suspected victim of sex trafficking or a 18
suspected victim of human trafficking so the regional navigator can coordinate a service 19
response; 20
(ii) Report to the local child welfare agency that the child is a 21
suspected victim of sex trafficking or a suspected victim of human trafficking; and 22
(iii) Release the child to the child’s parents, guardian, or custodian if 23
it is safe and appropriate to do so, or to the local child welfare agency if there is reason to 24
believe that the child’s safety will be at risk if the child is returned to the child’s parents, 25
guardian, or custodian. 26
(3) A law enforcement officer who takes a child who is a suspected victim 27
of sex trafficking or a suspected victim of human trafficking into custody under subsection 28
(a)(3) of this section may not detain the child in a juvenile detention facility, as defined 29
under § 9–237 of the Human Services Article, if the reason for detaining the child is a 30
suspected commission of a qualifying offense or § 3–1102 of the Criminal Law Article. 31
[(e)] (F) (G) The Supreme Court of Maryland may adopt rules concerning 32
age–appropriate language to be used to advise a child who is taken in to custody of the 33
child’s rights. 34
3–8A–15. 35 12 SENATE BILL 744
(b) (3) A child alleged to have committed a delinquent act may not be placed 1
in detention before a hearing if the most serious offense would be a misdemeanor if 2
committed by an adult, unless: 3
(i) The act involved a handgun and would be a violation under the 4
Criminal Law Article or WOULD BE A VIOLATION OF § 4–203 OR § 4–204 OF THE 5
CRIMINAL LAW ARTICLE OR A VIOLATIO N OF § 5–133, § 5–134, § 5–136, § 5–138, § 6
5–141, § 5–142, § 5–203, OR § 5–703 OF the Public Safety Article if committed by an 7
adult; [or] 8
(ii) The child has been adjudicated delinquent at least twice [in the 9
preceding 12 months 2 YEARS]; OR 10
(III) 1. THE CHILD WAS UNDER T HE SUPERVISION OF TH E 11
DEPARTMENT OF JUVENILE SERVICES WHEN THE ALL EGED ACT OCCURRED ; AND 12
2. THE ALLEGED ACT , IF COMMITTED BY AN ADUL T, 13
WOULD: 14
A. WOULD BE SUBJECT TO A PENA LTY OF 15
IMPRISONMENT OF MORE THAN 90 DAYS 2 YEARS; AND 16
B. WOULD NOT CONSTITUTE ASSAULT IN THE SECON D 17
DEGREE UNDER § 3–203 OF THE CRIMINAL LAW ARTICLE. 18
(k) (1) [If] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 19
SUBSECTION, IF a child remains in a facility used for detention, the Department of 20
Juvenile Services shall: 21
[(1)] (I) Within 14 days after the child’s initial detention, appear at a 22
hearing before the court with the child to explain the reasons for continued detention; and 23
[(2)] (II) Every 14 days thereafter, appear at another hearing before the 24
court with the child to explain the reasons for continued detention. 25
(2) A HEARING REQUIRED UND ER THIS SUBSECTION M AY BE WAIVED 26
ONE TIME ON THE CONS ENT OF THE COURT , THE STATE’S ATTORNEY, AND COUNSEL 27
FOR THE CHILD. 28
3–8A–19.6. 29
(a) In this section, “technical violation” means a violation of probation that does 30
not involve: 31
SENATE BILL 744 13
(1) An arrest or a summons issued by a commissioner on a statement of 1
charges filed by a law enforcement officer; 2
(2) A violation of a criminal prohibition, or an act that would be a violation 3
of a criminal prohibition if committed by an adult, other than a minor traffic offense; 4
(3) A violation of a no–contact or stay–away order; [or] 5
(4) Absconding; OR 6
(5) TWO OR MORE UNEXCUSED FAILURES TO APPEAR A T A 7
TREATMENT PROGRAM OR DERED BY THE COURT . 8
(b) This section does not apply to an offense committed by a child that, if 9
committed by an adult, would be a felony and a crime of violence under § 14–101 of the 10
Criminal Law Article. 11
(c) The court may not place a child on probation for a term exceeding that 12
provided in this section. 13
(d) (1) Except as provided in paragraph (2) of this subsection, if the most 14
serious offense committed by a child would be a misdemeanor if committed by an adult, the 15
court may place the child on probation for a period not exceeding [6 months] 1 YEAR. 16
(2) Subject to paragraph (3) of this subsection, the court may, after a 17
hearing, extend the probation by periods not exceeding [3] 4 months if the court finds that: 18
(i) There is good cause to extend the probation; and 19
(ii) The purpose of extending the probation is to ensure that the child 20
completes a treatment or rehabilitative program or service. 21
(3) The total period of the probation, including extensions of the probation, 22
may not exceed [1 year] 2 YEARS. 23
(e) (1) Except as provided in paragraph (2) of this subsection, if the most 24
serious offense committed by a child would be a felony if committed by an adult, the court 25
may place the child on probation for a period not exceeding [1 year] 2 YEARS. 26
(2) (i) Subject to paragraph (3) of this subsection, the court may, after 27
a hearing, extend the probation by periods not exceeding [3] 4 months if the court finds 28
that: 29
1. There is good cause to extend the probation; and 30
14 SENATE BILL 744
2. The purpose of extending the probation is to ensure that 1
the child completes a treatment or rehabilitative program or service. 2
(ii) Except as provided in paragraph (3) of this subsection, if the 3
probation is extended under this paragraph, the total period of the probation may not 4
exceed [2] 3 years. 5
(3) (i) Subject to subparagraph (ii) of this paragraph, the court may 6
extend the period of the probation for a period of time greater than the period described in 7
paragraph (2)(ii) of this subsection if, after a hearing, the court finds by clear and 8
convincing evidence that: 9
1. There is good cause to extend the probation; and 10
2. Extending the probation is in the best interest of the child. 11
(ii) If the probation is extended under this paragraph, the total 12
period of probation, including extensions under paragraph (2) of this subsection, may not 13
exceed [3] 4 years. 14
(f) Notwithstanding any other provision of this section, if a child is found to have 15
committed a violation of probation, except for a technical violation, a court may, after a 16
hearing, place the child on a new term of probation for a period that is consistent with the 17
period of probation that may be imposed under this section for the delinquent act for which 18
the child was originally placed on probation A COURT MAY, AFTER A HEARING , PLACE A 19
CHILD ON A NEW TERM OF PROBATION FOR A P ERIOD THAT IS CONSIS TENT WITH 20
THE PERIOD OF PROBAT ION THAT MAY BE IMPO SED UNDER THIS SECTI ON FOR THE 21
DELINQUENT ACT FOR WHICH THE CH ILD WAS ORIGINALLY P LACED ON PROBATION 22
IF THE CHILD IS FOUN D TO HAVE: 23
(1) COMMITTED A VIOLATION OF PROBATION , EXCEPT FOR A 24
TECHNICAL VIOLATION ; OR 25
(2) FAILED TO APPEAR AT A TREATMENT PROGRAM OR DERED BY THE 26
COURT WITHOUT GOOD C AUSE AT LEAST TWICE , UNLESS THE COURT FIN DS THAT 27
THE CHILD HAS SUBSTA NTIALLY COMPLETED TH E TREATMENT PROGRAM . 28
3–8A–19.7. 29
(a) In this section, “technical violation” has the meaning stated in § 3–8A–19.6 of 30
this subtitle. 31
(b) A child may not be placed in a facility used for detention for a technical 32
violation. 33
3–8A–25. 34 SENATE BILL 744 15
(A) If a child is committed under this subtitle to an individual or to a public or 1
private agency or institution: 2
(1) The juvenile counselor shall visit the child at the child’s placement no 3
less than once every month, if the placement is in the State; 4
(2) The court may order the juvenile counselor to visit the child more 5
frequently than required by item (1) of this section if the court deems it to be in the child’s 6
best interests; and 7
(3) The court may require the custodian to file periodic written progress 8
reports, with recommendations for further supervision, treatment, or rehabilitation. 9
(B) IF A CHILD IS PLACED ON PROBATION UNDER § 3–8A–19.6 OF THIS 10
SUBTITLE, THE COURT SHAL L BE PROVIDED WITH A PROGRESS REPORT IF T HE 11
CHILD HAS FOUR OR MO RE UNEXCUSED FAILURE S TO APPEAR AT A TRE ATMENT 12
PROGRAM ORDERED BY T HE COURT. 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 16 SENATE BILL 744
VICTIM, THE LAW ENFORCEMENT OFFICER SHALL FORWAR D THE COMPLAINT TO 1
THE DEPARTMENT OF JUVENILE SERVICES FOR APPROPRI ATE ACTION. 2
(C) IF A LAW ENF ORCEMENT OFFICER ALL EGES THE COMMISSION OF AN 3
ACT BY A CHILD UNDER THE AGE OF 13 YEARS THAT, IF COMMITTED BY AN A DULT, 4
WOULD CONSTITUTE THE FT OF A MOTOR VEHICL E UNDER § 7–105 OF THE CRIMINAL 5
LAW ARTICLE, THE LAW ENFORCEMENT OFFICER SHALL FORWAR D THE COMPLA INT 6
TO THE DEPARTMENT OF JUVENILE SERVICES TO FILE A PE TITION ALLEGING THAT 7
THE CHILD IS IN NEED OF SUPERVISION . 8
11–914. 9
Subject to the authority of the Executive Director, the Board shall: 10
(9) (i) develop pamphlets to notify victims and victim’s representatives 11
of the rights, services, and procedures provided under Article 47 of the Maryland 12
Declaration of Rights or State law, how to request information regarding an unsolved case, 13
HOW TO FILE A COMP LAINT TO THE DEPARTMENT OF JUVENILE SERVICES 14
ALLEGING THAT A CHIL D IS IN NEED OF SUPE RVISION, and how to request that an 15
offender be placed on electronic monitoring or electronic monitoring with victim stay–away 16
alert technology, including: 17
1. one pamphlet relating to the MDEC system protocol 18
registration process and the time before and after the filing of a charging document other 19
than an indictment or information in circuit court; and 20
2. a second pamphlet relating to the time after the filing of 21
an indictment or information in circuit court; and 22
(ii) develop a poster to notify victims of the right to request a private 23
room in a law enforcement agency or unit to report crimes under Title 3 of the Criminal 24
Law Article; and 25
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 26
as follows: 27
Article – Human Services 28
8–601. 29
In this subtitle, “at–risk youth prevention and diversion program” means services 30
provided to school–aged youth and their families to prevent or divert youth from entering 31
the juvenile justice system and to help make them ready for adulthood by age 21. 32
8–605. 33
SENATE BILL 744 17
On or before December 31 each year, the Office shall report: 1
(1) to the General Assembly, in accordance with § 2–1257 of the State 2
Government Article, on the implementation and effectiveness of at–risk youth prevention 3
and diversion programs; AND 4
(2) TO THE DEPARTMENT OF JUVENILE SERVICES ON: 5
(I) THE NUMBER OF CHILDR EN REFERRED TO AN AT –RISK 6
YOUTH PREVENTION AND DIVERSION PROGRAM IN THE PREVIOUS YEAR ; 7
(II) THE AGE, GENDER, AND RACE OF CHILDREN REFERRED TO 8
AN AT–RISK YOUTH PREVENTIO N AND DIVERSION PROG RAM IN THE PREVIOUS YEAR; 9
AND 10
(III) THE NUMBER OF CHILDR EN CURRENTLY ENROLLE D IN AN 11
AT–RISK YOUTH PREVENTIO N AND DIVERSION PROG RAM. 12
9–101. 13
(a) In this title the following words have the meanings indicated. 14
(b) “Department” means the Department of Juvenile Services. 15
(c) “Secretary” means the Secretary of Juvenile Services. 16
[(d) “State Advisory Board” means the State Advisory Board for Juvenile 17
Services.] 18
9–204. 19
(f) (1) The Secretary shall develop a State Comprehensive Juvenile Services 20
3–Year Plan. 21
(2) The Plan shall: 22
(i) include an inventory of all in–day treatment programs and 23
residential care programs and an accounting of the residence of all clients; 24
(ii) include an inventory of nonresidential treatment programs; 25
(iii) specify the needs of the various areas of services for clients, 26
including alcohol and drug abuse rehabilitation services; 27
18 SENATE BILL 744
(iv) specify the needs of clients, including predelinquent diversion 1
services programs; 2
(v) establish priorities for the different services needed; 3
(vi) set standards for the quality of residential services and outreach 4
services; 5
(vii) include a program dedicated to reducing recidivism rates of 6
clients; 7
(viii) include programs dedicated to diverting children from the 8
juvenile justice system; [and] 9
(IX) INCLUDE PROGRAMS DEV ELOPED FOR YOUTH AT THE 10
HIGHEST RISK OF BEIN G A VICTIM OR PERPET RATOR OF GUN VIOLENC E; 11
(X) INCLUDE PROGRAMS DEV ELOPED FOR YOUTH INV OLVED IN 12
MOTOR VEHICLE THEFT ; AND 13
[(ix)] (XI) include any other matters that the Secretary considers 14
appropriate. 15
(3) The Plan shall be revised for each fiscal year and submitted, subject to 16
§ 2–1257 of the State Government Article, to the General Assembly by February 1 of each 17
year. 18
[9–211. 19
There is a State Advisory Board for Juvenile Services in the Department.] 20
[9–212. 21
(a) The State Advisory Board consists of the following members appointed by the 22
Governor: 23
(1) one representative of the Department; 24
(2) one representative of the State Department of Education; 25
(3) one representative of the Maryland Department of Health; 26
(4) one representative of the Department of State Police; 27
(5) one representative of the Social Services Administration of the 28
Department of Human Services; 29 SENATE BILL 744 19
(6) one representative of a private child welfare agency; 1
(7) one representative of a youth services bureau; 2
(8) three representatives of the State judiciary; 3
(9) one representative of the General Assembly recommended by the 4
President of the Senate; 5
(10) one representative of the General Assembly recommended by the 6
Speaker of the House; 7
(11) one representative of the Maryland State’s Attorneys’ Association; 8
(12) one representative of the Maryland Office of the Public Defender; and 9
(13) nine members of the general public. 10
(b) Of the nine members from the general public: 11
(1) three shall be chosen on the basis of their interest in and experience 12
with minors and juvenile problems; 13
(2) two shall: 14
(i) at the time of appointment to a first term, be at least 16 years 15
old and under the age of 25 years; and 16
(ii) include at least one individual who has been under the 17
jurisdiction of the Department; 18
(3) one shall be an individual who is a parent or guardian of a youth who 19
has been under the jurisdiction of the Department; 20
(4) one shall be a victim advocate; and 21
(5) two shall be employees of the Department with different job titles, 22
recommended by the President of the American Federation of State, County, and Municipal 23
Employees, Council 3. 24
(c) (1) The term of a member is 3 years. 25
(2) The terms of the members are staggered as required by the terms 26
provided for members of the State Advisory Board on October 1, 2007. 27
20 SENATE BILL 744
(3) At the end of a term, a member continues to serve until a successor is 1
appointed and qualifies. 2
(4) A member who is appointed after a term has begun serves only for the 3
rest of the term and until a successor is appointed and qualifies. 4
(5) A member who serves two consecutive full 3–year terms may not be 5
reappointed for 3 years after completion of those terms.] 6
[9–213. 7
(a) From among the members of the State Advisory Board, the Governor shall 8
appoint a chair. 9
(b) (1) From among the members of the State Advisory Board, the chair shall 10
appoint a secretary. 11
(2) The secretary shall keep full and accurate minutes of each State 12
Advisory Board meeting.] 13
[9–214. 14
(a) The State Advisory Board shall meet regularly at least six times a year on the 15
call of its chair. 16
(b) A member of the State Advisory Board: 17
(1) may not receive compensation as a member of the State Advisory Board; 18
but 19
(2) is entitled to reimbursement for expenses under the Standard State 20
Travel Regulations, as provided in the State budget. 21
(c) A member of the State Advisory Board may not have a direct or indirect 22
interest in any contract for building, repairing, equipping, or providing materials or 23
supplies to the Department or have any other financial interest in a contract with the 24
Department.] 25
[9–215. 26
In addition to its other duties specified in this title, the State Advisory Board shall: 27
(1) consult with and advise the Secretary on: 28
(i) each aspect of the juvenile services program in the State; 29
SENATE BILL 744 21
(ii) the educational programs and services of the Department; 1
(iii) programs designed to divert children from the juvenile justice 2
system; and 3
(iv) the treatment and programming needs of females in the juvenile 4
justice system; 5
(2) recommend to the Secretary policies and programs to improve juvenile 6
services in the State; 7
(3) participate in interpreting for the public the objectives of the 8
Department; 9
(4) participate in planning the development and use of available resources 10
to meet the needs of the Department; and 11
(5) examine and review fatalities involving children under the supervision 12
of the Department for the purpose of advising the Secretary on policies and programs to 13
prevent fatalities, including: 14
(i) a death caused by a child under the supervision of the 15
Department, if the child is convicted or adjudicated for the death; and 16
(ii) the death of a child under the supervision of the Department.] 17
[9–230. 18
(a) With the consent of the State Advisory Board, the Secretary may establish an 19
advisory board for one or more facilities. 20
(b) Each board shall consist of individuals that the Secretary and the State 21
Advisory Board consider to be helpful in matters that relate to the effective operation and 22
improvement of the facility. 23
(c) A representative of the Juvenile Justice Monitoring Unit of the Office of the 24
Attorney General established under Title 6, Subtitle 4 of the State Government Article 25
shall be available to attend meetings of each advisory board.] 26
Article – State Government 27
6–401. 28
(a) In this subtitle the following words have the meanings indicated. 29
(i) “Unit” means the Juvenile Justice Monitoring Unit of the Office of the 30
Attorney General. 31 22 SENATE BILL 744
6–406. 1
(a) The Unit shall report in a timely manner to the Deputy Director, the 2
Secretary, THE COMMISSION ON JUVENILE JUSTICE REFORM AND EMERGING AND 3
BEST PRACTICES, and, in accordance with § 2–1257 of this article, the Speaker of the 4
House of Delegates and the President of the Senate: 5
(1) knowledge of any problem regarding the care, supervision, and 6
treatment of children in facilities; 7
(2) findings, actions, and recommendations, related to the investigations of 8
disciplinary actions, grievances, incident reports, and alleged cases of child abuse and 9
neglect; and 10
(3) all other findings and actions related to the monitoring required under 11
this subtitle. 12
(b) (1) The Unit shall report [quarterly] EVERY 6 MONTHS to the Executive 13
Director and the Secretary. 14
(2) A copy of the report shall be provided to the [State Advisory Board for 15
Juvenile Services] COMMISSION ON JUVENILE JUSTICE REFORM AND EMERGING 16
AND BEST PRACTICES and, in accordance with § 2–1257 of this article, the General 17
Assembly. 18
(3) The report shall include: 19
(i) all activities of the Unit; 20
(ii) actions taken by the Department resulting from the findings and 21
recommendations of the Unit, including the Department’s response; [and] 22
(iii) a summary of any violations of the standards and regulations of 23
the Department that remained unabated for 30 days or more during the reporting period; 24
AND 25
(IV) 1. A SUMMARY OF SERVICE S THAT ARE PROVIDED TO 26
CHILDREN UNDER THE S UPERVISION OF THE DEPARTMENT ; AND 27
2. A LIST OF ANY NECESS ARY SERVICES THAT AR E NOT 28
BEING PROVIDED TO CH ILDREN UNDER THE SUP ERVISION OF THE DEPARTMENT . 29
(c) Beginning in 2006, on or before November 30 of each year, the Unit shall 30
report to the Executive Director, the Secretary, [the advisory boards established under § 31
9–230 of the Human Services Article] THE COMMISSION ON JUVENILE JUSTICE 32 SENATE BILL 744 23
REFORM AND EMERGING AND BEST PRACTICES, the Governor, and, in accordance with 1
§ 2–1257 of this article, the General Assembly, on all the activities of the Office and the 2
actions taken by the Department in response to findings and recommendations of the Unit. 3
9–3501. 4
In this subtitle, “Commission” means the Commission on Juvenile Justice Reform 5
and Emerging and Best Practices. 6
9–3502. 7
(a) There is a Commission on Juvenile Justice Reform and Emerging and Best 8
Practices. 9
(b) (1) The Commission consists of the following members: 10
[(1)] (I) two members of the Senate of Maryland, appointed by the 11
President of the Senate; 12
[(2)] (II) two members of the House of Delegates, appointed by the 13
Speaker of the House; 14
[(3)] (III) the Secretary of Juvenile Services; 15
[(4)] (IV) the Secretary of Human Services; and 16
[(5)] (V) the following members, appointed by the Governor: 17
[(i)] 1. one representative of an institute for public policy that 18
specializes in juvenile justice issues in the State; 19
[(ii)] 2. one representative of an institute operated by the 20
University of Maryland specializing in providing evidence–based and culturally competent 21
services for juveniles; [and] 22
[(iii)] 3. [three representatives] ONE REPRESENTATIVE with 23
relevant education and experience; 24
4. ONE REPRESENTATIVE O F THE STATE DEPARTMENT 25
OF EDUCATION; 26
5. ONE REPRESENTATIVE O F THE MARYLAND 27
DEPARTMENT OF HEALTH; 28
24 SENATE BILL 744
6. ONE REPRESENTATIVE O F THE DEPARTMENT OF 1
STATE POLICE; 2
7. ONE REPRESENTATIVE O F A PRIVATE CHILD 3
WELFARE AGENCY ; 4
8. ONE REPRESENTATIVE O F A YOUTH SERVICES 5
BUREAU; 6
9. ONE REPRESENTATIVE O F THE STATE JUDICIARY ; 7
10. ONE REPRESENTATIVE O F THE MARYLAND STATE’S 8
ATTORNEYS’ ASSOCIATION; 9
11. ONE REPRESENTATIVE OF THE MARYLAND OFFICE 10
OF THE PUBLIC DEFENDER; 11
12. ONE REPRESENTATIVE O F EITHER THE MARYLAND 12
CHIEFS OF POLICE ASSOCIATION OR THE MARYLAND SHERIFFS’ ASSOCIATION; 13
AND 14
13. ONE REPRESENTATIVE O F THE MARYLAND 15
SHERIFFS’ ASSOCIATION; 16
14. TWO REPRESENTATIVES OF THE MARYLAND 17
CONSORTIUM ON COORDINATED COMMUNITY SUPPORTS; AND 18
13. 15. FIVE MEMBERS OF THE GENERAL PUBLIC . 19
(2) OF THE FIVE MEMBERS F ROM THE GENERAL PUBL IC: 20
(I) ONE SHALL BE CHOSEN ON THE BASIS OF THE MEMBER’S 21
INTEREST IN AND EXPERIENCE WITH MINORS AND JUVE NILE PROBLEMS ; 22
(II) TWO SHALL: 23
1. AT THE TIME OF APPOI NTMENT TO A FIRST TE RM, BE 24
AT LEAST 16 YEARS OLD AND UNDER THE AGE OF 30 YEARS; AND 25
2. INCLUDE AT LEAST ONE INDIVIDUAL WHO HAS B EEN 26
UNDER THE JURISDICTION OF THE DEPARTMENT ; 27
SENATE BILL 744 25
(III) ONE SHALL BE AN INDI VIDUAL WHO IS A PARE NT OR 1
GUARDIAN OF A YOUTH WHO HAS BEEN UNDER T HE JURISDICTION OF T HE 2
DEPARTMENT ; AND 3
(IV) ONE SHALL BE A VICTI M ADVOCATE. 4
(C) (1) THE TERM OF A AN APPOINTED MEMBER IS 3 YEARS. 5
(2) THE TERMS OF THE APPOINTED MEMBERS ARE STAGGERE D AS 6
REQUIRED BY THE TERM S PROVIDED FOR MEMBE RS OF THE COMMISSION ON 7
OCTOBER JULY 1, 2024. 8
(3) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL 9
A SUCCESSOR IS APPOI NTED AND QUALIFIES . 10
(4) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES 11
ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND 12
QUALIFIES. 13
(5) A AN APPOINTED MEMBER WHO SERVES TW O CONSECUTIVE FULL 14
3–YEAR TERMS MAY NOT B E REAPPOINTED FOR 3 YEARS AFTER COMPLETI ON OF 15
THOSE TERMS . 16
[(c)] (D) (1) [The Governor shall designate the chair of the Commission.] 17
FROM AMONG THE MEMBER S OF THE COMMISSION, THE GOVERNOR SHALL 18
APPOINT A CHAIR . 19
(2) (I) FROM AMONG THE MEMBER S OF THE COMMISSION, THE 20
CHAIR SHALL APPOINT A SECRETARY. 21
(II) THE SECRETARY SHALL K EEP FULL AND ACCURAT E 22
MINUTES OF EACH COMMISSION MEETING . 23
[(d)] (E) The [Department of Juvenile Services and the Department of Human 24
Services] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM 25
SERVICES shall provide staff for the Commission. 26
[(e)] (F) (1) THE COMMISSION SHALL MEET REGULARLY AT LEAST S IX 27
TIMES A YEAR ON THE CALL OF ITS CHAIR. 28
(2) A member of the Commission: 29
[(1)] (I) may not receive compensation as a member of the Commission; 30
but 31 26 SENATE BILL 744
[(2)] (II) is entitled to reimbursement for expenses under the Standard 1
State Travel Regulations, as provided in the State budget. 2
(G) A MEMBER OF THE COMMISSION SERVES AT THE PLEASURE OF THE 3
PERSON WHO APPOINTED THE MEMBER . 4
(H) AT THE FIRST MEETING OF THE COMMISSION THAT OCCUR S ON OR 5
AFTER JULY 1, 2024, THE COMMISSION SHALL VOTE TO ADOPT A CODE OF CONDUCT 6
PROVIDING FOR THE AC CEPTABLE CONDUCT OF COMMISSION MEMBERS . 7
[(f)] (G) (I) The Commission shall: 8
(1) REVIEW: 9
(I) EACH ASPECT OF THE J UVENILE SERVICES PRO GRAM IN 10
THE STATE; 11
(II) THE EDUCATIONAL PROG RAMS AND SERVICES OF THE 12
DEPARTMENT ; 13
(III) PROGRAMS DESIGNED TO DIVERT CHILDREN FROM THE 14
JUVENILE JUSTICE SYS TEM; AND 15
(IV) THE TREATMENT AND PR OGRAMMING NEEDS OF F EMALES 16
IN THE JUVENILE JUST ICE SYSTEM; 17
[(1)] (2) research culturally competent, evidence–based, research–based, 18
and promising PROGRAMS AND practices relating to: 19
(i) child welfare; 20
(ii) juvenile rehabilitation; 21
(iii) mental health services for children; and 22
(iv) prevention and intervention services for juveniles; 23
[(2)] (3) evaluate the cost–effectiveness of EXISTING AND PROMISI NG 24
PROGRAMS AND practices researched by the Commission; 25
[(3)] (4) identify means of evaluating the effectiveness of PROGRAMS 26
AND practices researched by the Commission; [and] 27
SENATE BILL 744 27
[(4)] (5) giving special attention to organizations located in or serving 1
historically underserved communities, identify strategies to enable community–based 2
organizations that provide services for juveniles to evaluate and validate services and 3
programming provided by those organizations; 4
(6) REVIEW DAT A RELATING TO ARREST S, COMPLETION OF 5
PROGRAMMING , AND RECIDIVISM FROM THE MARYLAND LONGITUDINAL DATA 6
SYSTEM CENTER; 7
(7) IDENTIFY OPPORTUNITI ES FOR GREATER COORD INATION 8
BETWEEN THE DEPARTMENT OF JUVENILE SERVICES, THE OFFICE OF THE STATE’S 9
ATTORNEY, LAW ENFORCEMENT , AND LOCAL ORGANIZATI ONS THAT PROVIDE 10
SERVICES TO JUVENILE S; 11
(8) RECOMMEND POLICIES A ND PROGRAMS TO IMPRO VE JUVENILE 12
SERVICES IN THE STATE; 13
(9) PARTICIPATE IN INTER PRETING FOR THE PUBL IC THE 14
OBJECTIVES OF THE JU VENILE SERVICES IN T HE STATE; 15
(10) PARTICIPATE IN PLANN ING THE DEVELOPMENT AND USE OF 16
AVAILABLE RESOURCES TO MEET THE NEEDS OF JUVENILES; AND 17
(11) EXAMINE AND REVIEW F ATALITIES INVOLVING CHILDREN UNDER 18
THE SUPERVISION OF T HE DEPARTMENT OF JUVENILE SERVICES FOR THE 19
PURPOSE OF PROVIDING RECOMME NDATIONS ON POLICIES AND PROGRAMS TO 20
PREVENT FATALITIES , INCLUDING: 21
(I) A DEATH CAUSED BY A CHILD UNDER THE SUPE RVISION OF 22
THE DEPARTMENT OF JUVENILE SERVICES, IF THE CHILD IS CONV ICTED OR 23
ADJUDICATED FOR THE DEATH; AND 24
(II) THE DEATH OF A CHILD UND ER THE SUPERVISION O F THE 25
DEPARTMENT OF JUVENILE SERVICES. 26
[(g)] (H) (J) On or before December 31, 2023, and on or before December 31 each 27
year thereafter, the Commission shall report its findings to the Governor and, in accordance 28
with § 2–1257 of this article, the General Assembly. 29
Chapter 42 of the Acts of 2022 30
SECTION 2. AND BE IT FURTHER ENACTED, That, on or before April 15, [2023] 31
2025, the Department of Juvenile Services shall report to the General Assembly, in 32
accordance with § 2–1257 of the State Government Article, on: 33
28 SENATE BILL 744
(1) plans to publish an annual report by the Department of Juvenile 1
Services, in consultation with the Maryland Department of Health, on the length of stay 2
for juveniles in secure facilities while undergoing competency evaluations and receiving 3
services; 4
(2) plans for the inclusion of information and data relating to use of a risk 5
assessment tool in the Department of Juvenile Services’ Data Resource Guide; 6
(3) the use of community detention for juveniles in the care and custody of 7
the Department of Juvenile Services; 8
(4) the Department of Juvenile Services’ development of forms for 9
community detention that do not include information relating to house arrests; 10
(5) the effect of a requirement that the Department of Juvenile Services 11
provide a robust continuum of community –based alternatives to detention in all 12
jurisdictions of the State and recommendations for establishing the requirement; 13
(6) access to mental health services for all juveniles served by the 14
Department of Juvenile Services; 15
(7) the feasibility of and any plans for providing quality, evidence–based 16
programming for juveniles detained in secure juvenile facilities, including educational 17
programming, structured weekend activities, and activities involving family members of 18
detained juveniles; 19
(8) the use of community detention, including electronic monitoring, for 20
juveniles placed on probation; 21
(9) plans to increase the number of shelter beds available in juvenile 22
facilities, particularly beds for girls; 23
(10) plans to track and report data on the number of days juveniles ordered 24
to shelter care placements remain in secure juvenile facilities; 25
(11) minimum training standards for staff at juvenile facilities; 26
(12) surveillance systems at juvenile facilities, including whether all 27
juvenile facilities are equipped with functioning surveillance cameras capable of monitoring 28
all areas of juvenile facilities; 29
(13) minimum standards for facilitating family engagement for juveniles at 30
juvenile facilities, including standards for facilitating daily contact between juveniles and 31
their family members; 32
(14) standards for attorneys to access their clients within all juvenile 33
facilities in the State; 34 SENATE BILL 744 29
(15) plans to adopt cognitive behavioral therapy training and restorative 1
justice training for staff at all juvenile facilities in the State; [and] 2
(16) plans to transition from the current slate of secure juvenile facilities to 3
ensure access to both nonresidential and residential facilities that use culturally 4
competent, evidence–based programming in all jurisdictions of the State; AND 5
(17) THE NUMBER OF CASES RESOLVED AT INTAKE A ND THE NUMBER 6
OF CASES REFERRED FO R INFORMAL ADJUSTMEN T WITHIN THE PAST FISCAL YEAR. 7
SECTION 2. 3. AND BE IT FURTHER ENACTED, That, on or before December 31, 8
2024, and on or before December 31 each year thereafter, the Governor’s Office of Crime 9
Prevention, Youth, and Victim Services shall report to the General Assembly, in accordance 10
with § 2–1257 of the State Government Article, on the number of children arrested and the 11
number of times the arrest resulted in a complaint with the Department of Juvenile 12
Services in each calendar year. 13
SECTION 4. AND BE IT FURTHER ENACTED, That the terms of the appointed 14
members of the Commission on Juvenile Justice Reform and Emerging Best Practices who 15
are members of the Commission on the effective date of Section 2 of this Act or initially 16
appointed after the effective date shall expire as follows: 17
(1) seven members in 2025; 18
(2) six members in 2026; and 19
(3) seven members in 2027. 20
SECTION 5. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take 21
effect October 1, 2024. 22
SECTION 3. 6. AND BE IT FURTHER ENACTED, That , except as provided in 23
Section 5 of this Act, this Act shall take effect October July 1, 2024. 24
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.