ANNAPOLIS, Md. (WBFF) — At the last bill singing of the 2026 legislative session, Gov. Wes Moore singed legislation ending the automatic charging of some juveniles facing certain crimes, despite public pushback from top prosecutors around the state.
The Youth Charging Reform Act, SB323, was sponsored by Sen. Will Smith of Montgomery County. The legislation had been debated in Annapolis for years, and this year, it cleared the finish line.
The legislation ends the automatic charging of juveniles as adults who are facing certain offenses, including first degree assault, as well as some drug and weapons charges; instead, the legislation starts the cases in the juvenile court system.
“It keeps cases in the right court from the start, which actually and by the data makes us safer and is better for those young people,” Senate President Bill Ferguson said during his remarks at the May 26 bill singing.
While supporters argued the plan aligns Maryland with other states, state’s attorneys from around Maryland lobbied all session against the legislation. The Department of Juvenile Services isn’t equipped with necessary services and programming, the top prosecutors said, to ensure young offenders face accountability.
“We’ve objected to what happened with the legislature. They have overruled us, and we will continue to do our job and do the best we can with the law as they’ve decided,” Baltimore City State’s Attorney Ivan Bates previously told FOX45 News.
After Gov. Moore put pen to paper, the Maryland State’s Attorneys’ Association issued a blistering statement about the bill. Led by Bates, the MSAA said the bill takes a step backward in terms of juvenile justice reform.
The state is making progress in terms of reducing juvenile crime, Bates argued in the statement, but only after lawmakers made changes to juvenile justice legislation that was previously passed.
“One must beg to ask the Governor and members of this Maryland General Assembly, at what point will you begin to understand the reality that so many of your constituents continue to see day after day, that violent juvenile crime continues to grow out of control because the Department of Juvenile Services is ill-equipped to handle these young, violent, repeat offenders,” Bates wrote in the statement.
Sending these violent offenders back to the juvenile system and giving them a timeout is not the answer to such egregiously violent crimes, Ivan Bates, president of the MSAA, continued in his statement.
“That is why we, the Elected State’s Attorneys in Maryland, sought to have this legislation put on hold for three years until DJS could get the necessary programming for these young offenders. Instead, our request was ignored, and the members of the General Assembly vilified us for it,” he added.
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,” Sen. Will Smith previously told FOX45 News. “We’re just wasting time and money by sending them to the adult system first.”
FOX45 News questioned DJS Secretary Betsy Fox Tolentino about the legislation, and concerns from the state’s attorneys about DJS’ ability to provide adequate programming. Tolentino argued her department is prepared, and said more programming is coming.
“We’re always building our service continuum,” she said. “We have three new programs coming on board July 1st that are targeting our highest risk, hard to reach young people”
Some of the new programming includes “multi-systemic therapy for emerging adults,” Tolentino explained, which is “a really comprehensive therapeutic approach to supporting young people as they move into adulthood.”
“We’re looking at workforce development programs, as well as life coaches and mentors who can be in community with young people at a high rate of frequency,” she added.
But Republican lawmakers, like House Minority Whip Jesse Pippy, argued Democrats in Annapolis ignored the experts who see the issue on the ground.
“You saw 24 state’s attorneys in Maryland come out in opposition to this legislation, including the state for Baltimore City, who was the lead opponent of this legislation, Howard County, Prince George’s County, you name it, all unanimously opposed because it’s dangerous,” Pippy said Tuesday. “We need to be able to hold violent juvenile offenders accountable, and when you take tools away from the toolbox, you can’t do that.”
The legislation will take effect on Oct. 1, 2026.
Follow Political Reporter Mikenzie Frost on X and Facebook. Send tips to mbfrost@sbgtv.com.
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