The Democrat-led Maryland General Assembly has passed a bill that would prevent young teens from being automatically charged as adults for certain crimes, despite concerns it could hamper efforts to stop violent juveniles.
The House of Delegates overwhelmingly approved the Youth Charging Reform Act in a 92-39 vote on Monday, sending the bill to Gov. Wes Moore’s desk.
The proposal would bar 14- and 15-year-olds from being directed to adult court after their arrest. For 16- and 17-year-olds, the bill would prevent automatic adult charges for first-degree assault and gun possession — the two most common offenses that land minors in adult court.
Youths accused of murder, rape, carjacking and armed robbery would still be charged as adults.
Lawmakers scrapped some provisions, such as exempting all juveniles from being charged as adults, in order to win over more moderate Democrats and Republicans.
“This is a product of compromise,” said House Majority Whip Ashanti Martine, Prince George’s County Democrat. “We’re deciding that we’re going to make sure kids are seen as kids here in our state. That they are redeemable. That we give them the opportunity to be the best person that they can and provide pathways for progress. This allows us to do that.”
The state’s Republican minority called out the bill for enabling violent youths since they won’t have to fear the consequences from the adult criminal justice system.
Delegate Matt Morgan, St. Mary’s County Republican, cited the case of a 17-year-old who was accused of shooting up Myrtle Point Park last week. The lawmaker said the proposal would allow the teen, who was charged as an adult, to instead face the friendly courts for juvenile defendants.
“Thanks to a bill currently on the House floor, what happens now? He’d likely be charged as a juvenile, receive a slap on the wrist and be sent right back out,” Mr. Morgan said. “When will we stop prioritizing criminals over victims? When will we stop blaming society for the choices individuals make? It’s time to protect our communities, not the people who threaten them.”
Top prosecutors from around the state voiced opposition to the legislation.
Anne Arundel County State’s Attorney Anne Colt Leitess, Baltimore City State’s Attorney Ivan Bates, Montgomery County State’s Attorney John McCarthy and Prince George’s County State’s Attorney Tara Jackson — all Democrats — argued the bill would hamstring their ability to hold juveniles accountable and put the public at greater risk.
But proponents of Senate Bill 323 noted that most juveniles who are charged as adults are ultimately sent back to juvenile court.
Bill supporters said that Maryland has the second-highest number of juveniles charged as adults per capita. The only state that sends more 14- to 17-year-olds to adult court is Alabama.
Mr. Moore, a Democrat, has not indicated if he will sign the bill into law.
But given that two of his top officials — Betsy Fox Tolentino, who runs the Department of Juvenile Services, and Dorothy Lennig, the head of the Governor’s Office of Crime Prevention Policy — testified in support of the legislation, there is a good chance he will sign the proposal.
State Sen. William C. Smith Jr., the Montgomery County Democrat who sponsored the bill, celebrated the legislation’s prospects as it moves forward.
“I think that will solidify and strengthen the arguments for further reforms down the line,” Mr. Smith told Maryland Matters after Monday’s hearing concluded. “It’s a great day in terms of government efficiency, in terms of public safety, better public safety outcomes for youth, for the state of Maryland.”
• Matt Delaney can be reached at mdelaney@washingtontimes.com.
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