House OKs two juvenile justice bills

Senate to take up proposals to overhaul system, decriminalize student behavior

The Maryland House of Delegates passed two extensive pieces of juvenile justice legislation Friday — mere days after the 90-day legislative session reached its halfway point.

Sponsored by Del. Sheila Ruth, a Democrat representing Baltimore County, House Bill 615 would prohibit school administrators from having students charged with a crime under Maryland’s education code that criminalizes behaviors that disrupt school time.

The legislation, which previously passed out of the House and Senate chambers, was passed over to the Senate for consideration on a partyline vote of 94-38. The bill must pass out of the opposite chamber before it can be forwarded to the governor’s desk. If the Senate amends it, the House would need to give the bill final approval.

Del. Sheree SampleHughes,

a Democrat representing the Eastern Shore, was the only member of the majority party to vote in opposition.

Republicans resisted the bill Friday, arguing that it limits the ability of school officials to hold students accountable and flies in the face of teachers, parents and students who allege classroom behavior is out of control.

Del. Matt Morgan, a Republican from St. Mary’s County, asked what would happen under the bill “if we had a situation played out like we had yesterday here at the State House,” referring to the anonymous call that prompted a lockdown of legislative buildings and offices Thursday evening.

Del. Kris Fair, a Democrat from Frederick County and the bill’s main defender Friday, reminded the House that the bill would not remove the ability to charge students under the criminal code.

“They have committed a crime, they will be charged, they will be arrested,” Fair responded. “They will be held, and they will be formally charged if the facts are found to be sufficient.”

Morgan periodically spoke over Fair. He interjected when Fair noted that Black and brown students are disproportionately impacted by the current law.

“Here we go,” he said loudly enough for House Speaker Adrienne A. Jones to hear.

Jones, a Baltimore County Democrat, banged her gavel as gasps from lawmakers filled the chamber.

“No comments such as that,” she declared.

House Minority Whip Jesse Pippy of Frederick County said that the bill “takes a tool out of the toolbox” regarding classroom management.

“I don’t want to go there, but I know we have a bill coming up right after this where we’re having to put some things in place to address the situation that we’re dealing with throughout the state,” Pippy said in reference to the House version of a multi-faceted juvenile justice bill.

Lawmakers also passed House Bill 814 over to the Senate for consideration Friday.

The legislation would update the reporting and data-tracking process for police officers who interact with minors, alter the intake process at the Department of Juvenile Services and establish the Commission on Juvenile Justice Reform and Emerging and Best Practices, which would be tasked with studying Maryland’s juvenile justice system.

It would also expand the charges that can be filed against children under 13 and allow judges to extend probationary periods for minors who miss court-ordered diversion programs, among other measures.

Under the House bill, the commission would begin meeting in July. The remainder of the bill would not go into effect until January 2025.

The legislation was brought in response to a rise in car thefts, carjackings and firearms charges among Maryland youth, as well as police, prosecutor and constituent anecdotes about increased incidents of crime. Lawmakers on both sides of the aisle have disagreed about the provisions in the legislation. Some Democrats say it goes too far and Republicans say it doesn’t go far enough.

“… [A]t the end of the debate, if both sides aren’t really happy with the end result it might actually be a good bill,” Del. Thomas Hutchinson, an Eastern Shore Republican, said.

The legislation passed out of the House on Friday with a vote of 126-6. Dels. Debra Davis, Gabe Acevero, Ashanti Martinez, Tiffany Alston, Jamila Woods and Caylin Young — all of whom are Democrats — cast the six opposition votes.

Opponents who stood to explain their vote said the bill rolls back portions of the Juvenile Justice Reform Act from 2022 — particularly a measure that limited charges children aged 10 to 12 can face to those classified as violent crimes under Maryland law.

That bill was informed by data, and its measures were recommended by a council that met to study best practices for two years.

“I was proud to vote for the [Juvenile Justice Reform Act] because we were codifying into law not just our values, but the belief that our kids are deserving of a second chance, and that jails and prisons aren’t always the answer to the problem with our youth,” Acevero, a Montgomery County representative, said Friday. “And less than 18-months later, we’re rolling back … not all, but the most important pieces and provisions of the [Juvenile Justice Reform Act].”

House Majority Leader David Moon, who also represents Montgomery County, stood in the bill’s defense, saying conversations had while crafting the policy have been “some of the more thoughtful discussions we’ve had” during his 10 years in the House.

“I asked the [House Judiciary Committee] chair every step of the way to reassure that this was not about locking children … up, and he was able to do so,” Moon reflected. “I just want to make sure it’s very clear about what it is that we’re doing here.”

The Senate is expected to pass its version of the bill Monday evening.