Maryland 2024 Regular Session

Maryland Senate Bill SB94 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0094
6	6
7	7	SENATE BILL 94
8	8	E3 4lr1126
9	9	(PRE–FILED)
10	10	By: Senators Watson, Carozza, and West
11	11	Requested: October 24, 2023
12	12	Introduced and read first time: January 10, 2024
13	13	Assigned to: Judicial Proceedings
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Juvenile Law – Intake and Probation 2
20	20
21	21	FOR the purpose of altering provisions of law relating to the juvenile intake process such 3
22	22	that certain complaints and case files are required to be forwarded to the State’s 4
23	23	Attorney under certain circumstances; altering provisions of law relating to the 5
24	24	length of juvenile probationary periods; and generally relating to juvenile causes. 6
25	25
26	26	BY repealing and reenacting, with amendments, 7
27	27	Article – Courts and Judicial Proceedings 8
28	28	Section 3–8A–10(c)(4) and 3–8A–19.6 9
29	29	Annotated Code of Maryland 10
30	30	(2020 Replacement Volume and 2023 Supplement) 11
31	31
32	32	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
33	33	That the Laws of Maryland read as follows: 13
34	34
35	35	Article – Courts and Judicial Proceedings 14
36	36
37	37	3–8A–10. 15
38	38
39	39	(c) (4) (i) [1. Except as provided in subsubparagraph 2 of this 16
40	40	subparagraph, if] IF a complaint is filed that alleges the commission of an act which would 17
41	41	be a felony if committed by an adult or alleges a violation of § 4–203 or § 4–204 of the 18
42	42	Criminal Law Article, and if the intake officer denies authorization to file a petition or 19
43	43	proposes an informal adjustment, the intake officer shall immediately: 20
44	44
45	45	[A.] 1. Forward the complaint to the State’s Attorney; and 21
46	46	2 SENATE BILL 94
47	47
48	48
49	49	[B.] 2. Forward a copy of the entire intake case file to the 1
50	50	State’s Attorney with information as to any and all prior intake involvement with the child. 2
51	51
52	52	[2. For a complaint that alleges the commission of an act that 3
53	53	would be a felony if committed by an adult, the intake officer is not required to forward the 4
54	54	complaint and copy of the intake case file to the State’s Attorney if: 5
55	55
56	56	A. The intake officer proposes the matter for informal 6
57	57	adjustment; 7
58	58
59	59	B. The act did not involve the intentional causing of, or 8
60	60	attempt to cause, the death of or physical injury to another; and 9
61	61
62	62	C. The act would not be a crime of violence, as defined under 10
63	63	§ 14–101 of the Criminal Law Article, if committed by an adult.] 11
64	64
65	65	(ii) The State’s Attorney shall make a preliminary review as to 12
66	66	whether the court has jurisdiction and whether judicial action is in the best interests of the 13
67	67	public or the child. The need for restitution may be considered as one factor in the public 14
68	68	interest. After the preliminary review the State’s Attorney shall, within 30 days of the 15
69	69	receipt of the complaint by the State’s Attorney, unless the court extends the time: 16
70	70
71	71	1. File a petition or a peace order request or both; 17
72	72
73	73	2. Refer the complaint to the Department of Juveni le 18
74	74	Services for informal disposition; or 19
75	75
76	76	3. Dismiss the complaint. 20
77	77
78	78	(iii) This subsection may not be construed or interpreted to limit the 21
79	79	authority of the State’s Attorney to seek a waiver under § 3–8A–06 of this subtitle. 22
80	80
81	81	3–8A–19.6. 23
82	82
83	83	(a) In this section, “technical violation” means a violation of probation that does 24
84	84	not involve: 25
85	85
86	86	(1) An arrest or a summons issued by a commissioner on a statement of 26
87	87	charges filed by a law enforcement officer; 27
88	88
89	89	(2) A violation of a criminal prohibition, or an act that would be a violation 28
90	90	of a criminal prohibition if committed by an adult, other than a minor traffic offense; 29
91	91
92	92	(3) A violation of a no–contact or stay–away order; or 30
93	93
94	94	(4) Absconding. 31
95	95	SENATE BILL 94 3
96	96
97	97
98	98	(b) This section does not apply to an offense committed by a child that, if 1
99	99	committed by an adult, would be a felony and a crime of violence under § 14–101 of the 2
100	100	Criminal Law Article. 3
101	101
102	102	(c) The court may not place a child on probation for a term exceeding that 4
103	103	provided in this section. 5
104	104
105	105	(d) (1) Except as provided in paragraph (2) of this subsection, if the most 6
106	106	serious offense committed by a child would be a misdemeanor if committed by an adult, the 7
107	107	court may place the child on probation for a period not exceeding [6 months] 2 YEARS. 8
108	108
109	109	(2) Subject to paragraph (3) of this subsection, the court may, after a 9
110	110	hearing, extend the probation by periods not exceeding 3 months if the court finds that: 10
111	111
112	112	(i) There is good cause to extend the probation; and 11
113	113
114	114	(ii) The purpose of extending the probation is to ensure that the child 12
115	115	completes a treatment or rehabilitative program or service. 13
116	116
117	117	(3) The total period of the probation, including extensions of the probation, 14
118	118	may not exceed [1 year] 3 YEARS. 15
119	119
120	120	(e) (1) Except as provided in paragraph (2) of this subsection, if the most 16
121	121	serious offense committed by a child would be a felony OR A CRIME INVOLVING THE USE 17
122	122	OF A FIREARM if committed by an adult, the court may place the child on probation for a 18
123	123	period not exceeding [1 year] 5 YEARS. 19
124	124
125	125	(2) (i) Subject to paragraph (3) of this subsection, the court may, after 20
126	126	a hearing, extend the probation by periods not exceeding 3 months if the court finds that: 21
127	127
128	128	1. There is good cause to extend the probation; and 22
129	129
130	130	2. The purpose of extending the probation is to ensure that 23
131	131	the child completes a treatment or rehabilitative program or service. 24
132	132
133	133	(ii) Except as provided in paragraph (3) of this subsection, if the 25
134	134	probation is extended under this paragraph, the total period of the probation may not 26
135	135	exceed [2] 6 years. 27
136	136
137	137	(3) (i) Subject to subparagraph (ii) of this paragraph, the court may 28
138	138	extend the period of the probation for a period of time greater than the period described in 29
139	139	paragraph (2)(ii) of this subsection if, after a hearing, the court finds by clear and 30
140	140	convincing evidence that: 31
141	141
142	142	1. There is good cause to extend the probation; and 32
143	143	4 SENATE BILL 94
144	144
145	145
146	146	2. Extending the probation is in the best interest of the child. 1
147	147
148	148	(ii) If the probation is extended under this paragraph, the total 2
149	149	period of probation, including extensions under paragraph (2) of this subsection, may not 3
150	150	exceed [3] 6 years. 4
151	151
152	152	(f) Notwithstanding any other provision of this section, if a child is found to have 5
153	153	committed a violation of probation, except for a technical violation, a court may, after a 6
154	154	hearing, place the child on a new term of probation for a period that is consistent with the 7
155	155	period of probation that may be imposed under this section for the delinquent act for which 8
156	156	the child was originally placed on probation. 9
157	157
158	158	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
159	159	October 1, 2024. 11