Maryland governor signs controversial Youth Charging Reform Act into law

David Collins | WBALTV11 News | May 26, 2026 | Original Source

BALTIMORE —

Maryland's governor signed a measure into law that prosecutors across the state opposed.

Among the many bills Gov. Wes Moore signed into law on Tuesday included the controversial Youth Charging Reform Act, which reduces the number of offenses for which juveniles can automatically face adult charges.

The law, which takes effect on Oct. 1, will enact changes that include giving judges discretion over which court system 16- and 17-year-olds will be tried in for specific crimes.

The law also raises the age when a child could be charged as an adult from 14 to 16. However, 14- and 15-year-olds who are charged with murder or rape would still go to the adult system. But 16- and 17-year-olds who are charged with first-degree assault and certain firearm offenses would start in the juvenile system.

The act was both praised and panned.

"You need to give people an opportunity. You need to give them second chances, and I believe in that, especially (for) a young child," said House Speaker Joseline Peña-Melnyk, D-District 21.

The Maryland State's Attorney's Association considers the new law a move backwards.

"There's no mechanism with charging you as an adult when you're a repeat offender," Baltimore County State's Attorney Scott Shellenberger said.

The organization believes the new law gives a pass to youth who are caught carrying guns, committing armed robberies or violent assaults. The prosecutors claim the Maryland Department of Juvenile Services can't handle the new caseloads.

Shellenberger said transferring offenders from the juvenile system to adult court is not only difficult, but there is a loophole in the process.

"You can get caught with a handgun, go to juvenile court and be charged, be released while we are trying to transfer you up during that process. You can get caught again, again and again, and it still goes to juvenile court," Shellenberger said.

Senate President Bill Ferguson, D-District 46, said youth offenders often ended up in the juvenile court system.

"It keeps cases in the right court from the start, which actually, by the data, makes us safer and is better for these young people," Ferguson said. "(A juvenile offender's) future shouldn't hinge on which courtroom he or she walks into. That's what the Youth Charging Reform Act focuses on. Maryland automatically charged kids as young as 14 as adults, and for cases that almost always, in a supermajority of cases, ended back into the juvenile court anyway."

The new law prohibits juveniles who are charged as adults from being detained in adult facilities. It also requires an agency within the governor's office to report annually the number of youth charged as adults, the nature of the charge and where they were detained.

Maryland State's Attorney's Association statement

Baltimore City State's Attorney Ivan Bates, president of the MSAA, released a statement, saying:

"Unfortunately, we continue to go backward in making progress on juvenile justice reform. It was only two years ago when this General Assembly chose to listen to reason — after prosecutors from across the state showed them data that pointed to a drastic spike in violent crime — and passed a comprehensive juvenile justice package, led by the governor, that sought to hold violent, juvenile offenders accountable for their actions.

"A little over a year after that law went into effect, and we are finally starting to see a slow trend to actual justice for victims and some actual programming for these young offenders, and the General Assembly chooses to ignore the data once again and pass legislation that will allow youth with guns — who commit robberies and violent assaults — to be given a free pass time after time when they are caught illegally carrying and/or using a firearm.

"One must beg to ask the governor and members of this Maryland General Assembly, at what point will you begin to understand the reality that so many of your constituents continue to see day after day, that violent juvenile crime continues to grow out of control because the Department of Juvenile Services is ill-equipped to handle these young, violent, repeat offenders.

"Sending these violent offenders back to the juvenile system and giving them a timeout is not the answer to such egregiously violent crimes. That is why we, the elected state's attorneys in Maryland, sought to have this legislation put on hold for three years until DJS could get the necessary programming for these young offenders. Instead, our request was ignored, and the members of the General Assembly vilified us for it."

Alternatives to incarceration included community conferencing in which disputes between children are resolved rather than taking the case to court. The state screened for mental health needs and diverted youth to those services. There was more involvement with families and the Department of Social Services, as well as the use of community detention with electronic or GPS monitoring.

"I stand behind the legislation we passed," Carter told 11 News in August 2022. "Criminalizing children doesn't improve public safety. The way to improve public safety is to address the child's needs very early, not stigmatizing them with criminalization, not cops putting them in handcuffs, not putting them in cages or cells, not putting them in prison."

Instead, Carter said the General Assembly failed to pass stronger gun safety measures.

In January 2023, law enforcement officials expressed concern. The Anne Arundel County Police Department provided to 11 News several pages of crimes committed by children 12 and under -- one as young as 5 who faced a fondling accusation, as well as a 12-year-old who police said took a gun, loaded magazine and loose ammunition in a bag to school. Investigators said they could not charge the child under the new state law.

Later that month, the DJS briefed state lawmakers with data showing declines since SB 691 took effect. At the time, DJS said there was a 53% decline in the daily detention population over a 10-year period, a 16% increase in pre-court supervision and a 3.4% decrease in youth 12 and under charged with a violent crime.

"(This) shows that things are already working, we are off to a good start," said then-Baltimore City Delegate Tony Bridges, D-District 41.

In November 2023, Baltimore Mayor Brandon Scott once again voiced frustration on how juvenile offenders are handled amid the fatal shooting of 16-year-old Khaleel Jones.

Also in November, Maryland Republican leaders rolled out five pieces of legislation that included bills to address juvenile crime. They referred to the unintended consequences of the Juvenile Justice Reform Act, saying they want to change parts of the law to ensure there are consequences for juvenile offenders.

The Republican Caucus supported a "three strikes, you're out" policy for repeat non-violent child offenders. The legislation addresses what Republicans said they believe is a catch-and-release system. Youth criminals would come under the jurisdiction of the juvenile court system instead of their parent or guardian.

Baltimore City residents sent a letter to state lawmakers outlining concerns about juvenile crime. The residents said juvenile crime "should be considered a state of emergency" and that "failure to act has created a catastrophic sense of lawlessness in this city/state which is causing irreparable harm to its residents, schools, businesses and communities."

The Juvenile Law Reform Act (House Bill 814\Senate Bill 744) met some resistance over sticking points that included the length of rehabilitation and the age of youths who can be charged with crimes.

The committee voted 9-2 in favor of sending the amended bill to the Senate floor, where it would face more changes. The Senate advanced the bill, further changing it to require first-time offenders of car thefts and gun possession, who are between the ages of 10 and 12, to be transferred to diversion programs, rather than juvenile court.

The bill exempts from the juvenile court system those offenders who are 10 to 12 years old and are arrested for car thefts and gun possession. First-time offenders would be diverted to services. The bill also lengthens probation time and strengthens oversight of the process.

Republicans tried to amend the bill to strike language in existing law that children must consult with an attorney before speaking with police.

The Senate passed its version of the bill on March 4, and its parameters took effect on Nov. 1.

While state leaders look to reforms, others pushed back against change. A Maryland Youth Justice Coalition report supported reform laws that the General Assembly recently passed.

"Dear lawmakers, please fix the system. Don't break the child," Rev. Marlon Tilghman said.

A group of retired law enforcement officers and those with backgrounds in public safety, parole and probation and juvenile services met in an effort to develop new and creative ideas to present to state leaders. Youth advocates held a rally on April 18, calling on the governor to veto the legislation.

Ultimately in Session 2024, more changes were made to the Juvenile Law Reform bill before it was sent to the governor, who signed the package into law on May 16.

In October 2024, DJS announced policy changes to put youth on electronic monitoring if they are accused of a violent felony and not detained. Youth already on electronic monitoring and charged with a violent felony will be detained.

DJS also established a statewide commission on juvenile justice reform to examine emerging best practices and detention policy reforms.

Calls mount for DJS secretary's ouster amid high-profile crimes

DJS and its leadership came under fire in October 2024 over the handling of several recent high-profile cases, including the arrest of a 17-year-old boy — who was already on state GPS monitoring — in connection with a homicide in Columbia.

Schiraldi spoke with 11 News Investigates to respond to those calls for his removal.