Despite opposition from top prosecutors from across the state, the Maryland Senate gave its initial approval to a plan aimed at curbing the list of charges that would automatically land some teens in the adult court system.
The Youth Charging Reform Act, SB 323, was approved on second reader Wednesday morning. In its current form – which changed from the original plan – 16- and 17-year-olds facing the following charges would go before a judge to determine where the case would start:
Republicans, including Senators Will Folden and Justin Ready, offered several amendment seeking to trim the list even more of charges that would start in the juvenile system. Sen. Folden argued first degree assault was a serious offense, and 16- and 17-year-olds should be automatically sent to the adult system to start.
“I think it’s important to understand that first degree assault is just short of homicide, attempted murder, those types of things are what falls under first degree assault,” Folden said.
The GOP-introduced amendments all failed to garner enough support; the bill was printed for third reader – the final vote – which is expected to unfold Friday.
Monday evening, the Maryland State’s Attorneys’ Association issued a statement, led by Baltimore City State’s Attorney Ivan Bates, issued a statement in opposition to the plan, arguing the legislation “looks to overwhelm an already overburdened juvenile system, putting the interests of the accused juvenile offender ahead of the rights of the victims of their crimes.”
Bates and the MSAA asked lawmakers – if the legislation is going to pass this year – to implement a three-year phasing timeline, while also investing in the “necessary resources” for the Department of Juvenile Services.
“Instead, the Senate Judicial Proceedings Committee has chosen to ignore the warnings of their own Ombudsman, who testified earlier in the session to the deficiencies that continue to plague the juvenile system, including the deteriorating conditions of these facilities that undermine both the safety and dignity of these youth,” Bates said via statement.
In an interview for FOX45 News In Depth with Mikenzie Frost, Bates, along with the state’s attorneys from Anne Arundel, Montgomery, Prince George’s Counties, talked about their concerns with the proposal.
If the legislation passes and becomes law, Anne Colt Leitess of Anne Arundel County, said it will mean the reallocation of “our prosecutors, investigators, case managers” and said adult court dockets will become more crowded and delayed.
“I think juveniles will be receiving dispositions, but there won’t be a place to put them,” she said.
Supporters of the plan, including Sen. Will Smith, a Democrat from Montgomery County, and Republican Sen. Chris West, argue most of these cases end up in the juvenile system anyway, so it makes sense to start the case there. West noted that prosecutors – and defense attorneys – will be present during the hearing and can make the case to the judge about why they believe the case should start in either the adult or juvenile system.
“We’re just wasting time and money by sending them to the adult system first,” Smith said.
Prosecutors have warned the Department of Juvenile Services doesn’t have adequate services and programming available within the agency to ensure young people are learning from their mistakes.
“An apology letter is not enough. Children have to understand that there are consequences to their actions,” Prince George’s County State’s Attorney Tara Jackson said during an interview for FOX45 News In Depth with Mikenzie Frost.
FOX45 News questioned Senate President Bill Ferguson about the programming concern, and whether there would be an appetite to delay implementation to ensure DJS is equipped with the necessary resources.
Ferguson said he believes DJS and the Governor’s Office of Children and Youth when the agencies say that “they have sufficient programming right now.”
“My sense is thatthere is enough time to implement it given the current timelines in the bill, so I do not see us taking that up right now,” Ferguson said.
However, even Sen. Smith acknowledged programming concerns. FOX45 News also pressed him on the prosecutor’s concerns.
“No one will sit here and tell you that services are adequate or that they are operating optimally. This is true,” Smith said. “But this is happening anyway. We’re wasting a lot of time, and they are getting no services and no education in the adult system.”
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