New Maryland law changes how juveniles accused of crimes are charged
A controversial new law taking effect Thursday, Oct. 1, the Youth Charging Reform Act, will allow more cases involving young people to begin in juvenile court rather than automatically being charged in adult court.
The law takes effect as debate continues over how Maryland should balance accountability, rehabilitation and public safety in cases involving juvenile offenders.
"Jordan will never get another chance at life, but throughout this process we have watched the juvenile justice system give chance after chance to the person who took hers," said Nyjada Billy.
Billy spoke out last week after the 14-year-old who struck and killed her 3-year-old daughter, Jordan Bright, while driving a stolen car learned his sentence.
"He can receive treatment, he can go home, he can eventually move forward with his life. Jordan cannot. And that is the part of this system that we cannot accept," Billy said.
That teen was prosecuted in juvenile court.
Under the new law, theft will join several other offenses, including first-degree assault and certain gun and drug charges, that will begin in juvenile court rather than automatically being handled in adult court.
Supporters say law will improve rehabilitation
Democratic State Sen. Will Smith, one of the bill's sponsors, said the law is intended to give young people greater access to services and rehabilitation while improving public safety.
"The point is those youth will now have access to services, rehabilitation, education, so that they don't recidivate, they don't continue along the path that they're currently on," said Smith, who represents District 20.
Smith said the current system can result in young people spending months in adult court before their cases are ultimately sent back to the juvenile system.
"What's happening now is youth are charged as adults, they languish in the adult system, they don't have access to education or those services, and the majority of the time those charges are coming back to the juvenile system anyway," Smith said.
The governor's office has similarly argued that young people who belong in juvenile court should be moved into that system more quickly, saying delays in adult court can postpone accountability and access to services. The law keeps the most serious offenses, including murder, rape and carjacking, in adult court.
Prosecutors, police raise concerns
Law enforcement officials and prosecutors have raised concerns about the changes.
Baltimore City Police Commissioner Richard Worley spoke to reporters last week after police said four teenagers in a stolen car crashed into an MTA bus, sending the teens and 12 other people to the hospital.
"I'm always concerned when something involves juveniles. We keep locking them up, they keep letting them out," Worley said.
Harford County State's Attorney Alison Healey said she and other state's attorneys went to Annapolis to oppose the legislation.
Healey said she believes reducing the consequences for certain offenses could make some young people more likely to reoffend.
"These juveniles have caught on to the fact that there really isn't accountability in juvenile court for the things that they're doing," Healey said. "They've caught on that misdemeanors, even if they violate their probation, they can't be committed. Adults are using the juveniles to commit their crimes because there's less accountability in juvenile court."
Prosecutors can still seek adult charges
The new law does not eliminate the possibility of a juvenile being prosecuted as an adult.
Prosecutors will still be able to request that a juvenile offender be charged in adult court under circumstances allowed by law.
The law also requires the governor's office to report annually on how many young people are charged as adults and the nature of those charges.
Healey said she and other state's attorneys plan to continue pushing back against the legislation.
The governor's office, meanwhile, has said the changes are intended to provide faster access to juvenile services and rehabilitation while maintaining adult-court prosecution for the most serious offenses.
Here's a list of new Maryland laws set to go into effect on Oct. 1.
