Maryland 2025 Regular Session

Maryland Senate Bill SB75 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	sb0075
6	6
7	7	SENATE BILL 75
8	8	E3 5lr0798
9	9	(PRE–FILED)
10	10	By: Senator Benson
11	11	Requested: September 10, 2024
12	12	Introduced and read first time: January 8, 2025
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 – Probation and Treatment Services – Required Disposition 2
20	20	(Parental Accountability Act) 3
21	21
22	22	FOR the purpose of requiring the juvenile court to order certain probation for a child found 4
23	23	to have committed certain delinquent acts or adjudicated to be a certain child in need 5
24	24	of supervision; requiring probation of a child adjudged delinquent for certain acts or 6
25	25	a certain child in need of supervision to include the adoption of a treatment service 7
26	26	plan and providing the child and the child’s family with certain services; requiring 8
27	27	the juvenile court to order a parent, guardian, or custodian to participate in a 9
28	28	treatment service plan; and generally relating to probation and treatment services 10
29	29	for children in juvenile court. 11
30	30
31	31	BY repealing and reenacting, without amendments, 12
32	32	Article – Courts and Judicial Proceedings 13
33	33	Section 3–8A–19(a), (b), and (c) 14
34	34	Annotated Code of Maryland 15
35	35	(2020 Replacement Volume and 2024 Supplement) 16
36	36
37	37	BY repealing and reenacting, with amendments, 17
38	38	Article – Courts and Judicial Proceedings 18
39	39	Section 3–8A–19(d) and 3–8A–20.1 19
40	40	Annotated Code of Maryland 20
41	41	(2020 Replacement Volume and 2024 Supplement) 21
42	42
43	43	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
44	44	That the Laws of Maryland read as follows: 23
45	45
46	46	Article – Courts and Judicial Proceedings 24
47	47
48	48	3–8A–19. 25 2 SENATE BILL 75
49	49
50	50
51	51
52	52	(a) The provisions of this section do not apply to a peace order request or a peace 1
53	53	order proceeding. 2
54	54
55	55	(b) (1) After an adjudicatory hearing the court shall hold a separate 3
56	56	disposition hearing, unless the petition or citation is dismissed or unless such hearing is 4
57	57	waived in writing by all of the parties. 5
58	58
59	59	(2) A disposition hearing may be held on the same day as the adjudicatory 6
60	60	hearing if notice of the disposition hearing, as prescribed by the Maryland Rules, is waived 7
61	61	on the record by all of the parties. 8
62	62
63	63	(c) The priorities in making a disposition are consistent with the purposes 9
64	64	specified in § 3–8A–02 of this subtitle. 10
65	65
66	66	(d) (1) [In] SUBJECT TO PARAGRAPH (2)(II) OF THIS SUBSECTION , IN 11
67	67	making a disposition on a petition under this subtitle, the court may: 12
68	68
69	69	(i) Subject to § 3–8A–19.6 of this subtitle, place the child on 13
70	70	probation or under supervision in his own home or in the custody or under the guardianship 14
71	71	of a relative or other fit person, upon terms the court deems appropriate, including 15
72	72	community detention; 16
73	73
74	74	(ii) Subject to the provisions of paragraphs (2) and (3) of this 17
75	75	subsection, commit the child to the custody or under the guardianship of the Department 18
76	76	of Juvenile Services, the Maryland Department of Health, or a public or licensed private 19
77	77	agency on terms that the court considers appropriate to meet the priorities set forth in § 20
78	78	3–8A–02 of this subtitle, including designation of the type of facility where the child is to 21
79	79	be accommodated, until custody or guardianship is terminated with approval of the court 22
80	80	or as required under § 3–8A–24 of this subtitle; or 23
81	81
82	82	(iii) Order the child, parents, guardian, or custodian of the child to 24
83	83	participate in rehabilitative services that are in the best interest of the child and the family. 25
84	84
85	85	(2) (I) In addition to the provisions of paragraph (1) of this subsection 26
86	86	AND EXCEPT AS PROVID ED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH , in making a 27
87	87	disposition on a petition, the court may adopt a treatment service plan, as defined in § 28
88	88	3–8A–20.1 of this subtitle. 29
89	89
90	90	(II) 1. THE COURT SHALL PLACE A CHILD NOT ORDERED TO 30
91	91	BE HELD IN SECURE CO NFINEMENT ON PROBATION IF: 31
92	92
93	93	A. THE COURT DETERMINES THE CHILD COMMITTED A 32
94	94	DELINQUENT ACT THAT , IF COMMITTED BY AN A DULT, WOULD CONSTITUTE A C RIME 33
95	95	OF VIOLENCE AS DEFIN ED IN § 14–101 OF THE CRIMINAL LAW ARTICLE, OR 34
96	96	COMMITTED A CRIME OF VIOLENCE WITH A DANGEROUS WEA PON; 35 SENATE BILL 75 3
97	97
98	98
99	99
100	100	B. THE COURT DE TERMINES THE CHILD USED A 1
101	101	FIREARM IN THE COMMI SSION OF A CRIME IN VIOLATION OF § 4–204 OF THE 2
102	102	CRIMINAL LAW ARTICLE; OR 3
103	103
104	104	C. THE CHILD IS FOUND TO BE A CHILD IN NEED O F 4
105	105	SUPERVISION BECAUSE THE CHILD IS REQUIRED BY LAW TO A TTEND SCHOOL AND 5
106	106	IS HABITUALLY TRUANT . 6
107	107
108	108	2. PROBATION REQUIRED UN DER SUBSUBPARAGRAPH 1 7
109	109	OF THIS SUBPARAGRAPH SHALL: 8
110	110
111	111	A. INCLUDE AN ORDER TO ADOPT A TRE ATMENT 9
112	112	SERVICE PLAN, AS DEFINED IN § 3–8A–20.1 OF THIS SUBTITLE; AND 10
113	113
114	114	B. REQUIRE THE PARTICIPATION OF THE CHILD AND 11
115	115	THE CHILD’S PARENT, GUARDIAN, OR CUSTODIAN IN REHA BILITATIVE SERVICES 12
116	116	DESCRIBED IN PARAGRA PH (1)(III) OF THIS SUBSECTION . 13
117	117
118	118	(3) (i) A child may not be committed to the Department of Juvenile 14
119	119	Services for out–of–home placement if the most serious offense is: 15
120	120
121	121	1. Possession of cannabis under § 5–601(c)(2)(ii) of the 16
122	122	Criminal Law Article; 17
123	123
124	124	2. An offense that would be a misdemeanor if committed by 18
125	125	an adult, unless the offense involves a firearm; 19
126	126
127	127	3. A technical violation, as defined in § 3–8A–19.6 of this 20
128	128	subtitle; or 21
129	129
130	130	4. A first–time violation for making a false statement, report, 22
131	131	or complaint of an emergency or a crime under § 9–501.1 of the Criminal Law Article. 23
132	132
133	133	(ii) This paragraph may not be construed to prohibit the court from 24
134	134	committing the child to another appropriate agency. 25
135	135
136	136	(4) A child committed under paragraph (1)(ii) of this subsection may not be 26
137	137	accommodated in a facility that has reached budgeted capacity if a bed is available in 27
138	138	another comparable facility in the State, unless the placement to the facility that has 28
139	139	reached budgeted capacity has been recommended by the Department of Juvenile Services. 29
140	140
141	141	(5) The court shall consider any oral address made in accordance with § 30
142	142	11–403 of the Criminal Procedure Article or any victim impact statement, as described in 31 4 SENATE BILL 75
143	143
144	144
145	145	§ 11–402 of the Criminal Procedure Article, in determining an appropriate disposition on a 1
146	146	petition. 2
147	147
148	148	(6) (i) If the court finds that a child enrolled in a public elementary or 3
149	149	secondary school is delinquent or in need of supervision and commits the child to the 4
150	150	custody or under the guardianship of the Department of Juvenile Services, the court may 5
151	151	notify the county superintendent, the supervisor of pupil personnel, or any other official 6
152	152	designated by the county superintendent of the fact that the child has been found to be 7
153	153	delinquent or in need of supervision and has been committed to the custody or under the 8
154	154	guardianship of the Department of Juvenile Services. 9
155	155
156	156	(ii) If the court rescinds the commitment order for a child enrolled in 10
157	157	a public elementary or secondary school, the court may notify the county superintendent, 11
158	158	the supervisor of pupil personnel, or any other official designated by the county 12
159	159	superintendent of the fact that the child is no longer committed to the custody of the 13
160	160	Department of Juvenile Services. 14
161	161
162	162	(iii) The notice authorized under subparagraphs (i) and (ii) of this 15
163	163	paragraph may not include any order or pleading related to the delinquency or child in need 16
164	164	of supervision case. 17
165	165
166	166	(7) If a child placed in community detention under an electronic monitoring 18
167	167	agreement under this subsection violates the agreement, the Department of Juvenile 19
168	168	Services shall notify within 24 hours after the violation: 20
169	169
170	170	(i) The juvenile court; 21
171	171
172	172	(ii) The office of the State’s Attorney; and 22
173	173
174	174	(iii) The child’s defense attorney. 23
175	175
176	176	3–8A–20.1. 24
177	177
178	178	(a) (1) In this section, “treatment service plan” means a plan recommended OR 25
179	179	ORDERED at a disposition hearing under § 3–8A–19 of this subtitle or at a disposition 26
180	180	review hearing under this section by the Department of Juvenile Services to the court 27
181	181	proposing specific assistance, guidance, treatment, or rehabilitation of a child. 28
182	182
183	183	(2) In making a treatment service plan, a juvenile counselor shall meet 29
184	184	with the child who is the subject of the treatment service plan and the child’s parent, 30
185	185	guardian, or legal custodian to discuss the treatment service plan. 31
186	186
187	187	(3) (I) If a child’s parent, guardian, or legal custodian is unable or 32
188	188	refuses to meet with the juvenile counselor, the treatment service plan shall indicate that 33
189	189	the parent, guardian, or legal custodian is unable or refuses to meet, and the reason for the 34
190	190	inability or refusal to meet, if known. 35
191	191	SENATE BILL 75 5
192	192
193	193
194	194	(II) IF THE COURT ORDERS A TREAT MENT SERVICE PLAN 1
195	195	UNDER § 3–8A–19(D)(2)(II) OF THIS SUBTITLE AND THE CHILD ’S PARENT, 2
196	196	GUARDIAN, OR LEGAL CUSTODIAN D OES NOT PARTICIPATE IN THE TREATMENT 3
197	197	SERVICE PLAN OR MEET WITH THE JUV ENILE COUNSELOR , THE COURT SHALL 4
198	198	ORDER THE PARENT , GUARDIAN, OR LEGAL CUSTODIAN T O PARTICIPATE IN THE 5
199	199	TREATMENT SERVICE PL AN AND MEET WITH THE JU VENILE COUNSELOR . 6
200	200
201	201	(4) At a minimum, the treatment service plan shall include: 7
202	202
203	203	(i) The recommended level of supervision for the child; 8
204	204
205	205	(ii) Specific goals for the child and family to meet, along with 9
206	206	timelines for meeting those goals; 10
207	207
208	208	(iii) A statement of any condition that the child’s parent, guardian, or 11
209	209	legal custodian must change in order to alleviate any risks to the child; 12
210	210
211	211	(iv) A statement of the services to be provided to the child and child’s 13
212	212	family; and 14
213	213
214	214	(v) Any other information that may be necessary to make a 15
215	215	disposition consistent with the child’s best interests and the protection of the public 16
216	216	interest. 17
217	217
218	218	(b) (1) In making a disposition on a petition under § 3–8A–19 of this subtitle, 18
219	219	if the court adopts a treatment service plan, the Department of Juvenile Services shall 19
220	220	ensure that implementation of the treatment service plan occurs within 25 days after the 20
221	221	date of disposition. 21
222	222
223	223	(2) If a treatment service plan requires specified supervision, mentoring, 22
224	224	mediation, monitoring, or placement, implementation of the treatment service plan is 23
225	225	considered to have occurred only when the supervision, mentoring, mediation, monitoring, 24
226	226	or placement occurs. 25
227	227
228	228	(3) The Department of Juvenile Services shall provide certification in 26
229	229	writing to the court within 25 days after the date of disposition whether implementation of 27
230	230	the treatment service plan has occurred an d explain attempts made to ensure 28
231	231	implementation. 29
232	232
233	233	(4) The Department of Juvenile Services shall forward a copy of the 30
234	234	certification described in paragraph (3) of this subsection to the Commission on Juvenile 31
235	235	Justice Reform and Emerging and Best Practices under § 9–3502 of the State Government 32
236	236	Article so that the Commission may evaluate patterns of failed implementation. 33
237	237
238	238	(c) (1) If a treatment service plan is not implemented by the Department of 34
239	239	Juvenile Services within 25 days under subsection (b)(3) of this section, the court shall 35 6 SENATE BILL 75
240	240
241	241
242	242	schedule, within 7 days after receipt of the certification, a disposition review hearing to be 1
243	243	held within 30 days after receipt of the certification. 2
244	244
245	245	(2) The court shall give at least 7 days’ notice of the date and time of the 3
246	246	disposition review hearing to each party and to the Department of Juvenile Services. 4
247	247
248	248	(d) (1) The court shall hold a disposition review hearing unless the 5
249	249	Department of Juvenile Services certifies in writing to the court prior to the hearing that 6
250	250	implementation of the treatment service plan has occurred. 7
251	251
252	252	(2) At a disposition review hearing, the court may: 8
253	253
254	254	(i) Revise, in accordance with the provisions of § 3–8A–19 of this 9
255	255	subtitle, the disposition previously made; and 10
256	256
257	257	(ii) Revise the treatment service plan previously adopted. 11
258	258
259	259	(e) This section may not be construed to provide entitlement to services not 12
260	260	otherwise provided by law. 13
261	261
262	262	(f) The Supreme Court of Maryland may adopt rules to implement the provisions 14
263	263	of this section. 15
264	264
265	265	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
266	266	October 1, 2025. 17