Bill to end automatic charging of some juveniles as adults inches closer to passage

ANNAPOLIS, Md. (WBFF) — An effort to start more young people in the juvenile justice system moved forward in the House of Delegates as the General Assembly enters the final stretch.

The Youth Charging Reform Act passed on second reading with zero debate as delegates flew through several bills Friday. The bill aims to end the automatic charging of 16- and 17-year-olds as adults for certain drug, assault, and gun offenses. Senators already passed the proposal and earlier in the week, urged members of a House committee not to make changes to ensure the legislation’s passage this session.

“Are you opposed to this body strengthening the bill and sending it back,” Del. Debra Davis, a Democrat from Charles County, asked lead sponsor Sen. Will Smith during a committee hearing.

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“I will say this, I will caution against changes being made,” Smith responded.

Supporters of the bill argue that most cases end up in the juvenile system regardless, and therefore, it makes sense to start them in the Department of Juvenile Services.

“They’re already ingesting that work anyway; they’re already doing that workload anyway,” Smith previously told FOX45 News. “We’re just wasting time and money by sending them to the adult system first.”

However, several top prosecutors have come out against the legislation, including Baltimore City State’s Attorney Ivan Bates, Prince George’s County State’s Attorney Tara Jackson, Montgomery County State’s Attorney John McCarthy, and Anne Arundel County State’s Attorney Anne Colt Leitess.

“DJS is not equipped to deal with these increased violent offenders, and the legislature should defer the implementation of this bill until the programs are in place,” McCarthy said.

If the legislation passes and becomes law, Colt Leitess 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.

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Like the others, Jackson pointed to what she described as a lack of services available for young people in DJS.

“Fix the system first,” she said, before putting more young people in DJS through the proposed legislation.

While some Republican lawmakers, like Sen. Chris West, voted in support of the plan, Sen. Will Folden voted against the proposal when it was in the Senate Juridical Proceedings Committee. He argued the current state of juvenile crime is improving, and the General Assembly shouldn’t take steps to reduce accountability for young offenders.

“These are adult actions that require adult consequences and accountability,” he said. “We are getting better results so why are we going to change it?”

If and when the legislation passes the House of Delegates on third reading, the legislation will head to Gov. Wes Moore’s desk for a final decision.

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