Cumberland Times-News

Local News

April 20, 2013

New law makes it harder to commit juveniles for minor offenses

ANNAPOLIS — The Maryland General Assembly passed a bill in the recently completed session that prohibits juvenile courts from committing a child to the Department of Juvenile Services for out-of-home placement for minor offenses, including trespass and possession of marijuana.

The aim is to reduce the number of youth sent to long-term juvenile facilities. Instead, the youth will receive services in their communities.

Examples of out-of-home placement include foster homes, group homes and independent living programs. The bill, HB 916, will go into effect Oct. 1.

Other offenses that will also not be eligible include thefts of less than $1,000; prostitution; malicious destruction of property; disorderly conduct; or if the most serious offense involves inhalants.

The new law does not affect juveniles who commit violent crimes or other more serious offenses.

The bill includes exceptions for juveniles with three or more separate previous offenses, for the protection of the child and for other cases where the court decides an out-of-home placement is necessary.

“(The bill) will help youth by ensuring that they are in the least restrictive settings to get the services they need and that’s not always in out-of-home placements,” said Angela Johnese, the newly appointed director of the mayor’s office on criminal justice in Baltimore and the former juvenile justice director of Advocates for Children and Youth.

The Department of Legislative Services estimates the bill could save up to $12.5 million if DJS placements are reduced by 20 percent.

“Community services … also cost significantly less than out-of-home placement and result in better outcomes for young people,” Johnese said.

Services for youth depend on what type of help they need, but can include mental health counseling and substance abuse treatment.

Another juvenile justice bill, HB 786, sponsored by Delegate Jill Carter, D-Baltimore, established a task force that will study issues within the juvenile court. The group will decide whether or not to eliminate certain offenses that result in automatically charging youth as adults.

“What we’ve found is that over the years we’re overcharging youth as adults, and we saw (this) recently with the decision not to build the $70 million Baltimore detention center for youth … we really don’t have a need for that many bed spaces because we’re overcharging,” Carter said.

Carter, who is chair of the Juvenile Law subcommittee of the House Judiciary Committee, said 70 percent of youth initially charged as adults are reversed back to the juvenile system, or their cases are dismissed after they’ve been housed in adult facilities.

Carter said the bills that passed are a piece-by-piece approach to reform the juvenile justice system.

“We need to treat youth as youth,” she said. “Of course there are going to be exceptions, but we need to deal with those on an individual basis.”

Other juvenile law bills were unsuccessful this session.

SB 454/HB 848 would have allowed a child to remain detained in a juvenile facility even after the juvenile court determined that the youth could be tried for a crime in adult court.

The goal was to keep young people out of the adult system to make sure they have the services they need.

 

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