MARYLAND SENATE JUDICIAL PROCEEDINGS COMMITTEE BRIEFING ON THE JUVENILE JUSTICE REFORM COUNCIL JANUARY 27, 2022
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MARYLAND SENATE JUDICIAL PROCEEDINGS COMMITTEE
BRIEFING ON THE JUVENILE JUSTICE REFORM COUNCIL
JANUARY 27, 2022
1
DJS Trends
2
complaints
33,004 7,129
DECLINED 78% over 10 years Complaints
-78% FY 2021
Nearly all complaints are generated by law enforcement FY 2012
• Crime of Violence
crime Declined 57%
Juvenile complaints have • Misdemeanor
DECLINED in ALL categories Decline 82%
• Non-Violent Felony
over 10 years Declined 69%
detention 263 -80% 53
Juvenile ADP
DECLINED 64% over 10 years
Youth Charged as Adults now make up 51% of the DJS 167
detained population Pending Placement -87% 22
ADP FY 2012 FY 2021dispositions Committed Dispositions DECLINED FY2012 to FY2021
Probation Dispositions DECLINED FY2012 to FY2021 958 146
Committed ADP
-85%
4458 720
Probation -83.8% Probation 123
12
dispositions Dispositions Out-of-State ADP -90.2%
budget
58% residential and community budget reductions over 10 years
Residential Services went from 56 million to 9 million of the total budget. Increasing
Community Services went from 32 million to 27 million of the total budget.
Youth
Resources
recidivism Probation Recidivism is down 3.8% points
12-month re-conviction 20% 16.2%
FY 2014 FY 2019
rates DECLINED
Committed Recidivism is down 2.6% points
Residential committed programs are serving youth with
higher level crimes and higher risk levels. 21% 18.4%
FY 2014 FY 2019HB0459/SBXXX
Maryland’s Juvenile Justice Reform Council JJRC #1
Recommendations
SB0165/HB0294
16 Listening Sessions held in all 530 Individuals Across JJRC #2
geographic regions of the State Recommendation
the State Participated!
JJRC Submitted
Recommendations (#1)
2019 2020 2021 2022
Legislation Enacted to Vera Institute of Legislation extended the JJRC to
Convene the JJRC Justice Provided 6/30/2022
Technical Assistance
JJRC Submitted Recommendations (#2)
The JJRC convened between 10/2019 - 12/2020 and 8/2021 – 10/2021
5JJRC Membership: Diverse and Bipartisan
Prosecutors / State Agencies / National / Local
Former Justice-
Legislators Judiciary Defense Lawyers / Local Child-Serving Educators Law Enforcement Juvenile Justice
Involved Youth
Legal Experts Agencies Experts
• Sen. William C. • Hon. Michael J. • Jenny Egan (OPD) • Sam J. Abed (DJS) • Sylvia A. Lawson, • Commissioner • Jabriera Handy • Nathaniel R. Balis
Smith, Jr. Stamm • Ricardo Flores* • Glenn Fueston, Jr. Ph.D. (MSDE) Michael Harrison • Terry Dodson (Annie E. Casey)
• Sen. Bobby (OPD) (GOCPYVS) (Baltimore City • Melissa
Zirkin* • Hannibal • Robert L. Green Police Dept.) Sickmund, Ph.D.
• Sen. Jill P. Carter Kemerer (OAG) (DPSCS) (NCJJ)
• Sen. Chris West • Pauline Mandel • Betsy Tolentino* • Heather N.
• Del. Luke (Legal Srvcs-MD (DJS) Chapman (SAG)
Clippinger Crime Victims) • Debbie Marini* • Rosemary King
• Del. Michael • Scott D. (DHS) Johnston (SAB)
Jackson Shellenberger • Michael • Jinney Smith,
• Del. Jesse Pippy (Baltimore Guilbault, Ph.D. Ph.D.* (UMD)
• Del. Charlotte County SAO) (MDH) • Eric Ford (UMBC)
Crutchfield • Shanna • Lynn D. Davis
Wideman* (CCYSB)
(MDH)
• Valerie Douglas
(DHS)
• Matthew
Fonseca (DJS)
• David McGlone
(DLR)
• Stuart Campbell
(DHCD)
6
* Indicates members who only served during 2019.Voting: JJRC Statutory Recommendations
30 28 28 28 28 28 28 28
25 23 23
21
20
15 13
10
5 3 3 3
1 1 1 1 1 1 1 1 1 1 1
0 0 0 0 0 0 0 0
0
Yes
No
Abstain
7JJRC Recommendations: Round 1
October 2019 - December 2020
Sam Abed, Chair
8JJRC Considerations JJRC Recommendations
Maryland does not have a minimum age of Raise the minimum age for
jurisdiction delinquency jurisdiction to 10 for
serious violent offenses and 13 for all
22 states have a minimum age of offenses
Minimum jurisdiction Serious Violent Offenses:
• Life crimes
Age of Predominate topic in the statewide
listening sessions • Child Abuse 1st Degree and
Child Abuse (resulting in death
Juvenile Pre-teens have diminished capacity to be
of a victim under 13)
• Child Abuse under 3-602(b) of
Court held culpable for their actions, and are
unlikely to understand charges against
the Criminal Law Article
• Murder 2nd degree
Jurisdiction them and their role in an adversarial
system • Armed Carjacking under 3-705
of the Criminal Law Article
In comparison to all referred cases, Black • Rape 2nd degree
youth and girls accounted for a larger • Sex Offense (continuing course
percentage of intake for youth under the of conduct) under 3-315 of the
age of 13 Criminal Law Article
• Sex offense 3rd degree
9Data / Maryland Child and Family Interventions
Dept. Child protective services assists children believed to be neglected or abused. CPS
Total complaints for youth Human provides interventions, supports, and services to decrease the risk of any continuing
under 13 declined 68.7% in Services physical, sexual or mental abuse, or neglect.
FY 2021 from 1472 to 589
complaints
LCTs provide support to families of children with intensive needs, and identify
Local
Young people under 13 resources through a coordinated interagency approach. LCTs offer a strong
accounted for 8% of DJS Care continuum of community resources and may support requests for voluntary
intakes in FY2021 Teams placements for children with developmental disabilities or mental illness.
Maryland
Youth & Family
72% of under 13 cases did State
Agency DJS – A CINS petition may be filed with the court that alleges a child 1) does not go to
not receive a court Child in
disposition of probation or Supports school; 2) cannot be controlled; 3) acts in a way that is dangerous to self or
Need of others; or 4) has committed a status offense. If found to be CINS, a court can
commitment Supervision place a child under DJS supervision or place the youth in a committed facility.
10-12 year olds accounted
for over 90% of intakes for MD
youth under the age of 13 Dept. MDH Behavioral Health Administration provides oversight for publicly funded mental
Health health and substance use treatment services.
10JJRC Considerations JJRC Recommendations
Set statutory timeframes for judicial
review of probation and terms
• Misdemeanor – court review at 6 months,
Maryland law does not provide for any and may extend to 12 months
• Felony – court review at 12 and 24 and
statutory limits on the length of may extend to 36 months
probation supervision • Life Crimes – court review 24 months. May
extend supervision as along as the court
Probation/ Many courts utilize “indefinite
has jurisdiction
Prohibit the use of detention or
probation”
Community commitment due to a technical violation
of probation
Youth have better safety outcomes
Supervision when the juvenile justice system helps
them set rehabilitation goals
Technical violations do not
Several states have recently passed include youth charged with
legislation to make probation shorter a new offense or abscond
and more goal-oriented from supervision
11JJRC Considerations JJRC Recommendations
JJRC examined national practices which
increasingly recognize that young people
should be held in the least restrictive
Require Courts to consider the findings of
setting
a validated risk assessment
Detention harms youth → detention events
lead to increased recidivism, trauma, Require Courts to review a child’s
severe mental health issues, increased detention status at least every 14 days
Detention suicidal tendencies, and interrupts
education
Require DJS to develop and submit a
Utilization Black youth were disproportionately community release plan within 10 days of
represented in pre-disposition detention a decision to detain a child
admissions.
Black youth accounted for 75.8% of
admissions in FY2021 Prohibit pre-adjudication detention for
an offense that would be a misdemeanor
if committed by an adult with exceptions
Misdemeanor offenses accounted for for handgun offenses and repeated
about 35% of pre-disposition detention offenses
admissions in FY 2021 – over 90% of
those admissions were for HGV or
repeat offenders 12JJRC Considerations JJRC Recommendations
The JJRC examined commitment
Prohibit commitments to DJS for
practices in Maryland, reform efforts in misdemeanors or technical probation
Utilization of other states including New York, and violations, with an exception for
explored ways to prioritize treatment second firearm offenses
Out-of-Home of youth in their communities
Committed National reform efforts prioritize
Ensure comprehensive educational
programing in every DJS facility
Treatment treating youth in their community
using evidence-based programming
Programs Black youth represented 63% of youth
Ensure vocational education with on-
the-job training is available in every DJS
facility and contracted program
in committed programming
13JJRC Considerations JJRC Recommendations
Require informal adjustment of all first
The JJRC focused on expanding misdemeanor and non-violent felonies
opportunities for diversion and reviewed referrals to DJS, except for firearm
offenses
other state diversion systems
DJS diversion “pre-court supervision” leads DJS must make reasonable efforts to
to positive outcomes for youth: contact victims, invite the victim to
80% of youth successfully complete pre- engage in restorative practices, and
notify the victim of DJS decisions. The
Diversion court supervision successfully
90% of youth who complete pre-court
supervision are not re-adjudicated/re-
Victim is not required to consent to
diversion
convicted within one year
Permit DJS to divert non-violent
felonies, with State’s Attorney
Hispanic/Latinx youth were least likely to notification
have their cases dismissed at intake for
low-level offenses
Establish a process to return
complaints to intake for assessment,
Black youth were least likely to be diverted services and supervision from Court
for low-level offenses processing when all parties agree
14Reporting / Workgroup Recommendations
Establish a workgroup through legislation to study and inventory evidence-
based and promising practices
The Governor’s Office of Crime Prevention, Youth and Victim Services to
develop a model law enforcement diversion program
Report on detention programming and policies, including community detention
Plan to ensure every region has access to nonresidential and residential
community–based services that employ evidence–based, culturally competent
programming
Report on the utilization of the Facility for Children and data related to
competency evaluations and/or attainment services
Report on Objective Risk Assessment Tool data in the Data Resource Guide
15Implementation Safeguards and Monitoring
DJS Quality Assurance and Auditing Teams
Juvenile Justice Monitor
Legislative Reporting and Oversight
16DJS Service Continuum
Statewide Community Based Community Programs by Region
Programming
Region 1 - Dorechester,
Somerset, Wicomico,
Mental Health
Worcester
Substance Use
Region 2 - Caroline, Cecil,
Family Kent, Queene Anne's, Talbot
29 26 133 104
Parenting 23
33 Region 3- Baltimore & Harford
Education
32 55
Employment 300
20
Peers Region 4 - Allegany, Garrett,
46 Washington
Mentoring
147 96
Use of Free Time
44 Region 5 - Anne Arundel,
Anger Management
Howard, Caroll
16
Restorative
Victim 90 Region 6 - Frederick &
112 Montgomery
180 106
121 Region 7 - Calvert, Charles,
Prince George's, St. Mary's
Region 8 - Baltimore City
17DJS
Residential
and
Community
Evidence
Based
Continuum 3 Evidence-Based Community Interventions (Functional Family Therapy; Multi-Systemic
Therapy; Family Centered Treatment)
Evidence Based Programming in every County
487 youth were placed in an Evidence-Based Programs in FY 2021
194 youth on average are in an Evidence-Based Program each day in FY 2021 18JJRC Recommendations: Round 2
July 2021 - October 2021
Glenn Fueston, Chair
Executive Director
Governor’s Office of Crime Prevention, Youth & Victim Services
19JJRC Considerations JJRC Recommendations
States across the country are changing laws
which place youth in the adult criminal
justice system
Youth charged as adults typically wait 155
days detained in juvenile facilities pending a
transfer hearing
Approximately 80% percent of cases are Maryland should end the automatic
charging of juveniles as adults and
Youth Charged transferred down to juvenile court or
dismissed require that all court proceedings
against juveniles be initiated in the
as Adults Black youth accounted for 73% of youth juvenile court system.
charged as adults in MDEC* counties and
94% of youth charged as adults in Baltimore
City
The Federal Juvenile Justice and
Delinquency Prevention Act requires youth
under 18 to be removed from adult jails and
served in juvenile detention facilities. Failure
to comply will reduce federal crime
prevention dollars available to Maryland
* MDEC counties are all Maryland Counties except;
Prince George’s; Montgomery; and Baltimore City 20Current Operational Impact – Youth Charged as Adults
80% of youth are
transferred to juvenile
FY 2021 Average 155 days court or case is
dismissed
Number of youth charged as adult Charged Begin
admitted into Juvenile Detention: Request Request
in Placed in Juvenile Transfer Transfer Juvenile
308 youth Adult Adult Jail Detention Hearing Granted Court
Process
Number of days detained waiting for a Court
hearing to determine if case stays in
adult court or transfers to juvenile:
court:
155 days
Number of youth charged as an adult
transferred back to juvenile court:
328 youth
Average 60 days
88 – committed Charged
146 – placed on probation in Placed in
Adjudication Disposition Placement
94 - dismissed Juvenile Juvenile in Treatment
Detention
Court
A youth’s case may be waived to adult court for any charge as long as the youth is at
least 15 AND for life crimes at any age 21Additional Resources
Juvenile Justice Reform Council:
• https://djs.maryland.gov/Pages/Juvenile-Justice-Reform-Council.aspx
• Reports
• Meeting video and presentations
• Resources, research and data
• Contact:
• Betsy Tolentino – Deputy Secretary, Community Operations
• betsy.tolentino@maryland.gov or 410-599-8004 (c)
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