Maryland Gov. Wes Moore, legislative leaders release juvenile justice bill designed to increase accountability

In response to constituent calls to address the rise in certain crimes among juveniles, Gov. Wes Moore, House Speaker Adrienne A. Jones and Senate President Bill Ferguson released their legislative plan Wednesday to bring stronger accountability to Maryland’s juvenile justice system.

“If you’re looking for the thing that’s going to magically solve all of your problems, you’re not in the right place,” House Judiciary Committee Chair Luke Clippinger said at a news conference Wednesday at the Maryland State House. “This is going to take time, it’s going to take effort, but it’s only going to happen if we’re focusing on the kids.”

Juvenile offenses in Maryland make up only a fraction of the overall crimes committed — less than 10%, according to Ferguson. But a recent spate of firearm possession charges combined with car thefts and carjackings have sounded the alarm for Maryland residents who say they don’t feel safe in their neighborhoods.

Republicans, who have criticized the justice system reform bills passed by the legislature in recent years and focused on crime — particularly in Baltimore City and Prince George’s County — are encouraged by the bill’s parameters.

The bill was largely crafted based on conversations with the state’s Department of Juvenile Services, rehabilitative service providers, law enforcement, prosecutors, public defenders and other entities that kids interact with in the justice system.

Clippinger, a Democrat representing South Baltimore, said the legislation is, in part, a response to the current moment, “but, at the same time, an acknowledgement that the system has some flaws that have to be addressed.”

“We’re strengthening existing laws. We’re closing loopholes that allow too many young people to slip through the juvenile system without a paper trail, services or, in some cases, justice for victims,” said Ferguson, a Baltimore City Democrat. “Ultimately, we are improving accountability, rehabilitation and collaboration in the system overall.”

According to Senate Judiciary Committee Chair Will Smith, a Montgomery County Democrat, House Bill 814 and Senate Bill 744 will require law enforcement to complete written statements to be shared with the Department of Juvenile Services when they take minors into custody. It also decreases the timeline the agency has to make intake decisions to provide kids with services they need.

“This may sound mundane and simple, but, surprisingly, that doesn’t happen in every case,” Clippinger said. “If children come back and go into the system again, you can’t keep track of what’s happened in these kids’ lives if the police officers didn’t write a report when they were arrested in the first place.”

Smith said the legislation provides more financial investments in the Thrive Academy, which was rolled out by Department of Juvenile Services Secretary Vincent Schiraldi in September.

The Thrive Academy targets kids most likely to be the victim or perpetrator of gun violence, and is currently serving youth in Baltimore City and Baltimore and Prince George’s counties.

The legislation also funnels $43 million into the newly established Governor’s Office for Children, which will be responsible for tracking kids who interact with multiple state agencies, including the Department of Juvenile Services.

“The collaboration that is missing in this system is unacceptable,” Clippinger said. “Everybody does just enough to check the box. Nobody does enough to coordinate with one another.”

Smith explained that the bill also seeks to increase the length of probation to guarantee that kids under Juvenile Services’ supervision of the complete rehabilitative programs — up to two years in four-month increments for misdemeanors and four years in four-month increments for felonies.

During the 2022 legislative session, the General Assembly passed a law limiting what charges children under 13 can face.

Per Clippinger, the new legislation would increase the list of charges children between 10 and 12 can face, rolling back a part of the 2022 law. If found in possession of a firearm or alleged of having stolen a car, animal abuse or a third-degree sex offense, they would now be under the purview of the Department of Juvenile Services.

It also would require police to forward complaints to the agency regarding kids under 13 who are involved in the death of another person.

Clippinger said the bill also allows local state’s attorneys to choose whether to move forward with charges against a child even if the Department of Juvenile Services decides not to move a case forward — “particularly in situations related to ghost guns and stolen guns.”

Clippinger held three pre-session briefings in the fall to hear from police, prosecutors, public defenders and data experts to prepare lawmakers to craft legislation to address rise in gun possession and car-theft charges among minors in 2024.

During those briefings, law enforcement and state prosecutors claimed that the Child Interrogation Protection Act, which also passed in 2022, prohibits them from adequately doing their jobs.

The new legislation would require that police receive training about the Child Interrogation Protection Act, Smith said. The law, which has been largely ignored by the Baltimore Police Department, requires that officers contact children’s guardians and allow them to speak to a lawyer to explain their rights before questioning them in custody.

The law does not prohibit police officers from asking kids questions when they are not in custody.

“We will get it right for our communities, for our schools and for our families,” said Jones, a Baltimore County Democrat. “Most importantly, we’ll get it right for the victims.”

In a statement, House and Senate Republicans said it’s “refreshing” to see Democrats revisit the scope of some previously passed laws but cautioned that accountability should remain the priority.

“We are encouraged to see our colleagues take up this issue and expand it to other serious crimes,” House Minority Leader Jason Buckel, a Republican from Allegany County, said. “It is our collective responsibility to do the best we can to keep our children and communities safe.”

Others, however, have issues with the legislation as presented, and fear that it goes too far in rolling back some of the protections children previously had.

Maryland Public Defender Natasha Dartigue said the bill will lead to the incarceration of more children, and will only further the disparity between white children and Black and brown children in the criminal justice system.

In a Wednesday press release, The Maryland Youth Justice Coalition said they were “disappointed” in the content of the bill, adding that it “ignores over 20 years of research and data on the most effective ways to hold kids accountable and improve safety.”

“Our kids shouldn’t pay the price for a broken system,” they wrote.