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FOX45 sends video of prosecutors’ concerns to lawmakers backing juvenile justice bill

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As a controversial juvenile justice bill moves through Annapolis, FOX45 News is pressing the lawmakers behind the legislation to respond directly to concerns raised by prosecutors across Maryland.

The Youth Charging Reform Act (Senate Bill 323) would change how certain 16- and 17-year-olds accused of serious crimes are initially charged. Currently, several violent offenses — including some gun crimes and first-degree assault — automatically start in adult court. Under the proposal, many of those cases would instead begin in juvenile court, with prosecutors able to later request a transfer to adult court. Prosecutors could still request a transfer to adult court, but only after a separate hearing.

ALSO READ | In Depth: Top prosecutors talk about automatic charging, other juvenile justice concerns

For months, state’s attorneys across Maryland have warned the change could weaken accountability and pose public safety risks.

To highlight those concerns, FOX45 News compiled a video Wednesday featuring warnings from multiple prosecutors and sent it directly to the nine senators sponsoring the legislation.

In the video, prosecutors argued the proposal could make it harder to hold repeat offenders accountable and question whether the juvenile system is prepared to handle additional cases.

“We’re the ones on the ground floor doing the work,” Baltimore City State’s Attorney Ivan Bates said in the video.

Howard County State’s Attorney Alison Healey warned the policy could lead to dangerous offenders returning to the streets.

“I think the consequence is we’re going to have violent offenders back on the street,” Healey said.

Other prosecutors said lawmakers are underestimating the seriousness of the crimes involved.

“These young adults are not children. They are sophisticated offenders,” Frederick County State’s Attorney Charlie Smith said.

Many times this is far from their first contact with the justice system.”

Some prosecutors also raised concerns about whether the Department of Juvenile Services (DJS) has the capacity to handle an influx of additional offenders.

“Automatically sending children to a system that doesn’t work now is not the answer. Fix the system first,” Prince George’s County State’s Attorney Tara Jackson said.

ALSO READ | Prosecutors oppose bill to change to juvenile charging, warn of overwhelming system

On March 11, FOX45 News forwarded the video to the bill’s sponsors and asked why they are moving forward despite the concerns raised by prosecutors.

So far, only one new response has been provided.

In a statement, Sen. Chris West argued the bill doesn’t weaken public safety, it simply starts certain juvenile cases in the court where data shows they usually end up anyway. West called the current process “a huge waste of time and money.” He also noted in adult court youth receive, “no education, no counseling and no services.”

Meanwhile, Senate President Bill Ferguson’s office referred FOX45 News to previous remarks in which he said DJS and the Governor’s Office of Children and Youth believe the state has sufficient programming in place to implement the change.

This comes as prosecutors continue to say the reality they’re seeing on the ground is much different than the picture being painted by lawmakers in Annapolis.