Senate measure, as amended, would expand probation, alter procedures, require paper trial for juvenile arrests
The Senate gave preliminary approval to legislation reforming Maryland’s juvenile justice process.
The measure, as amended, expands probation, alters procedures at the Juvenile Intake Center and requires a paper trail from law enforcement each time officers arrest a juvenile.
The Juvenile Law Reform Act (Senate Bill 744) broadens oversight and data collection in the system. It will also require first-time offenders of car thefts and gun possession who are between the ages of 10 and 12 to be transferred to diversion programs rather than juvenile court.
Thursday’s vote assures final passage, and the bill is nearly identical to what the House was working on earlier this week.
Paraphrasing the Senate floor leader, nobody got everything they wanted, but the bill is a step in the right direction.
“The state’s attorneys didn’t get everything they wanted in this bill, and the public defenders don’t have everything that they wanted in the bill,” Senate Judicial Proceedings Committee Chairman Will Smith, D-District 20, said. “The system is failing our children.”
The subdued discussion in the Senate turned more informational than confrontational. Still, Democrats and Republicans questioned the bill’s finer points regarding accountability.
“We are talking about accountability for kids that commit these crimes, but we are not talking about penalties for adults that do not do their jobs to make sure that these young people are flowing through the system correctly?” Prince George’s County Sen. Alonzo Washington, D-District 22, said.
“This whole thing is about accountability all throughout the system for families, for individuals and for the system, really, at large,” Smith said.
“Where do we have in this amendment something that says, ‘Parents, you are accountable for your children’s behavior’?” Prince George’s County Sen. Joanne Benson, D-District 24, said.
“There is no precision line or piece of this bill that deals with parental accountability,” Smith said.
The bill exempts from the juvenile court system those offenders who are 10 to 12 years old and are arrested for car thefts and gun possession. First-time offenders would be diverted to services.
The bill also lengthens probation time and strengthens oversight of the process. There will be more case review power given to state’s attorneys. And the bill requires the Maryland Department of Juvenile Services to develop a plan to help juveniles at high risk to gun violence.
“It is our hope the bill will move the Department of Juvenile Services forward and to live up to and fulfill its goals to be the best version of itself,” Smith said.
The Senate removed language from the bill to make the Nykayla Strawder Memorial Act a separate bill that would mandate services for children under 13 who commit violent crimes that result in death.
Republicans tried to amend the bill to strike language in existing law that children must consult with an attorney before speaking with police.
“The Child Interrogation Act has functionally eliminated the ability of law enforcement to interview juvenile suspects,” said Sen. Mary Beth Corozza, R-District 38, whose district encompasses portions of the Lower Eastern Shore.
“The law, as it stands now, protects the constitutional rights in this regard, regardless of your age,” Smith said.
“There is nothing in Miranda that requires that a person speak to an attorney before the person talks to the police,” said Sen. Chris West, R-District 42, whose district encompasses portions of Baltimore and Carroll counties.
Amendments are making the House and Senate versions of juvenile justice reform nearly identical. The Senate will take final vote on the bill Monday night, and the House is expected to act Friday on its version.
State House leaders have said they want to avoid a conference committee to hammer out differences and put a bill on the governor’s desk as soon as possible.
By David Collins – wbaltv
Tags: Legislation Prearrest Diversion Programs