Juvenile Records - Access by Baltimore City Mayor's Office

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1145*

HOUSE BILL 1145
E3 6lr3127
CF SB 524
By: Delegate Lewis (By Request – Baltimore City Administration)
Introduced and read first time: February 11, 2026
Assigned to: Judiciary

A BILL ENTITLED

AN ACT concerning 1

Juvenile Records – Access by Baltimore City Mayor’s Office 2

FOR the purpose of establishing that certain provisions of law relating to the confidentiality 3
of juvenile police records and court records do not prohibit access to and confidential 4
use of certain records by the Baltimore City Mayor’s Office of Neighborhood Safety 5
and Engagement, the Baltimore City Mayor’s Office of Children and Family Success, 6
and the Baltimore City Mayor’s Office of African American Male Engagement under 7
certain circumstances; establishing liability for the unauthorized release of a certain 8
record; and generally relating to juvenile records. 9

BY repealing and reenacting, with amendments, 10
Article – Courts and Judicial Proceedings 11
Section 3–8A–27 12
Annotated Code of Maryland 13
(2020 Replacement Volume and 2025 Supplement) 14

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16

Article – Courts and Judicial Proceedings 17

3–8A–27. 18

(a) (1) A police record concerning a child is confidential and shall be 19
maintained separate from those of adults. Its contents may not be divulged, by subpoena 20
or otherwise, except by order of the court upon good cause shown or as o therwise provided 21
in § 7–303 of the Education Article. 22

(2) This subsection does not prohibit: 23

2 HOUSE BILL 1145

(i) Access to and confidential use of the record by the Department of 1
Juvenile Services or in the investigation and prosecution of the child by any law 2
enforcement agency; 3

(II) ACCESS TO AND CONFIDE NTIAL USE OF THE REC ORD BY 4
THE BALTIMORE CITY MAYOR’S OFFICE OF NEIGHBORHOOD SAFETY AND 5
ENGAGEMENT, THE BALTIMORE CITY MAYOR’S OFFICE OF CHILDREN AND FAMILY 6
SUCCESS, AND THE BALTIMORE CITY MAYOR’S OFFICE OF AFRICAN AMERICAN 7
MALE ENGAGEMENT, IF THE OFFICE IS PROVIDING PROGRAMS AND SERVICES TO A 8
CHILD WHO IS THE SUB JECT OF THE RECORD , FOR A PURPOSE RELEVA NT TO THE 9
PROVISION OF THE PRO GRAMS AND SERVICES A ND THE DEVELOPMENT O F A 10
COMPREHENSIVE TREATMENT PLAN; 11

[(ii)] (III) A law enforcement agency of the State or of a political 12
subdivision of the State, the Department of Juvenile Services, or the criminal justice 13
information system from including in the law enforcement computer information system 14
information about: 15

1. An outstanding juvenile court ordered writ of attachment 16
or an outstanding criminal court ordered writ of attachment, for the sole purpose of 17
apprehending a child named in the writ; 18

2. An outstanding criminal court issued warrant, for the sole 19
purpose of apprehending a child named in the warrant; or 20

3. A missing child as defined in § 9 –401 of the Family Law 21
Article; or 22

[(iii)] (IV) A law enforcement agency of the State or of a political 23
subdivision of the State, when necessary and for the sole purposes of facilitating 24
apprehension of a child and ensuring public safety, from releasing to the public photographs 25
and identifying information of a child who: 26

1. Has escaped from: 27

A. A detention center for juveniles; 28

B. A secure residential facility for juveniles; or 29

C. A correctional unit as defined in § 2 –401 of the 30
Correctional Services Article; 31

2. Is a missing child as defined in § 9–401 of the Family Law 32
Article; or 33

HOUSE BILL 1145 3

3. The court does not have jurisdiction o ver pursuant to § 1
3–8A–03(d)(1), (4), or (5) of this subtitle and who is subject to: 2

A. Arrest; or 3

B. An arrest warrant issued by a criminal court. 4

(3) A BALTIMORE CITY MAYOR’S OFFICE SPECIFIED IN PARAGRAPH 5
(2)(II) OF THIS SUBSECTION S HALL BE LIABLE FOR THE UNAUT HORIZED RELEASE 6
OF A POLICE RECORD IT ACCESSES UNDER THIS SUBSECTION. 7

(b) (1) A court record pertaining to a child is confidential and its contents may 8
not be divulged, by subpoena or otherwise, except by order of the court upon good cause 9
shown or as provided in §§ 7–303 and 22–309 of the Education Article. 10

(2) This subsection does not prohibit access to and the use of the court 11
record or fingerprints of a child described under Title 10, Subtitle 2 of the Criminal 12
Procedure Article in a proceeding in the court involving the child, by personnel of the court, 13
the State’s Attorney, counsel for the child, a court–appointed special advocate for the child, 14
or authorized personnel of the Department of Juvenile Services. 15

(3) (i) Except as provided in subparagraph (ii) of this paragraph, this 16
subsection does not prohibit access to and confidential use of the court record or fingerprints 17
of a child described under Title 10, Subtitle 2 of the Criminal Procedure Article by the 18
Department of Juvenile Services or in an investigation and prosecution by a law 19
enforcement agency. 20

(ii) The court record or fingerprints of a child described under §§ 21
10–215(a)(20) and (21), 10–216, and 10–220 of the Criminal Procedure Article may not be 22
disclosed to: 23

1. A federal criminal justice agency or information center; or 24

2. Any law enforcement agency other than a law enforcement 25
agency of the State or a political subdivision of the State. 26

(4) (i) The Department of Juvenile Services may provide access to and 27
the confidential use of the court record of a child by an agency in the District of Columbia 28
or a state agency in Delaware, Pennsylvania, Virginia, or West Virginia, if the agency: 29

1. Performs the same functions in the jurisdiction of t he 30
agency as described in § 9–216(a) of the Human Services Article; and 31

2. Has a reciprocal agreement with the State that provides 32
that the specific information to be shared by the State is the same type of information that 33
will be shared by the agency. 34

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(ii) A record that is shared under this paragraph may only provide 1
information that is relevant to the supervision, care, and treatment of the child. 2

(iii) The Department of Juvenile Services shall be liable for an 3
unauthorized release of a court record under this paragraph. 4

(iv) The Department of Juvenile Services shall adopt regulations to 5
implement this paragraph. 6

(5) (i) This subsection does not prohibit access to and use of a court 7
record by a judicial officer who is authorized under the Maryland Rules to determine a 8
defendant’s eligibility for pretrial release, counsel for the defendant, the State’s Attorney, 9
or the Maryland Division of Pretrial Detention and Services if: 10

1. The individual who is the subject of the court record i s 11
charged as an adult with an offense; 12

2. The access to and use of the court record is strictly limited 13
for the purpose of determining the defendant’s eligibility for pretrial release; and 14

3. The court record concerns an adjudication of delinquen cy 15
that occurred within 3 years of the date the individual is charged as an adult. 16

(ii) The Supreme Court of Maryland may adopt rules to implement 17
the provisions of this paragraph. 18

(6) (i) This subsection does not prohibit access to and confidential use 19
of a court record by the Department of Human Services or a local department of social 20
services: 21

1. For the purpose of claiming federal Title IV –B and Title 22
IV–E funds; or 23

2. If the Department of Human Services or a local 24
department of social services is providing treatment, services, or care to a child who is the 25
subject of the record. 26

(ii) The Department of Human Services and local departments of 27
social services shall keep a court record obtained under this paragraph confidential in 28
accordance with the laws and policies applicable to the Department of Human Services and 29
local departments of social services. 30

(7) (i) This subsection does not prohibit access to and confidential use 31
of a court record by the Maryland Department of Health or a local health department if the 32
Maryland Department of Health or a local health department is providing treatment, 33
services, or care in coordination with the Department of Juvenile Services to a child who is 34
HOUSE BILL 1145 5

the subject of the record, for a purpose relevant to the provision of the treatment, services, 1
or care. 2

(ii) The Maryland Department of Health and local health 3
departments shall keep a court record obtained under this paragraph confidential in 4
accordance with the laws and policies applicable to th e Maryland Department of Health 5
and local health departments. 6

(8) This subsection does not prohibit access to and confidential use of a 7
court record by the Commission on Juvenile Justice Reform and Emerging and Best 8
Practices if the Commission is perfor ming the functions described under § 9 –3502 of the 9
State Government Article. 10

(9) (I) THIS SUBSECTION DOES NOT PROHIBIT ACCESS TO AND 11
CONFIDENTIAL USE OF A COURT RECORD BY TH E BALTIMORE CITY MAYOR’S 12
OFFICE OF NEIGHBORHOOD SAFETY AND ENGAGEMENT, THE BALTIMORE CITY 13
MAYOR’S OFFICE OF CHILDREN AND FAMILY SUCCESS, AND THE BALTIMORE CITY 14
MAYOR’S OFFICE OF AFRICAN AMERICAN MALE ENGAGEMENT, IF THE OFFICE IS 15
PROVIDING PROGRAMS A ND SERVICES IN CONJU NCTION WITH THE DEPARTMENT 16
OF JUVENILE SERVICES TO A CHILD W HO IS THE SUBJECT OF THE RE CORD, FOR A 17
PURPOSE RELEVANT TO THE PROVISION OF THE PROGRAMS AND SERVICES AND THE 18
DEVELOPMENT OF A COMPREHENSIVE TREATMENT PLAN. 19

(II) A BALTIMORE CITY MAYOR’S OFFICE SPECIFIED I N 20
SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL BE LIABLE FOR THE 21
UNAUTHORIZED RELEASE OF A COURT RECORD IT ACCESSES UNDER THIS 22
PARAGRAPH. 23

(c) The court, on its own motion or on petition, and for good cause shown, may 24
order the court records of a child sealed, and, upon petition or on its own motion, shall order 25
them sealed after the child has reached 21 years of age. If sealed, the court records of a 26
child may not be opened, for any purpose, except by order of the court upon good cause 27
shown. 28

(d) This section does not prohibit access to or use of any juvenile record by the 29
Maryland Division of Parole and Probation or the Maryland Parole Commission when the 30
Division or the Commission is carrying out any of their statutory duties either at the 31
direction of a court of competent jurisdiction, or when the Maryland Parole Commission is 32
carrying out any of its statutory duties, if the record concerns a charge or adjudication of 33
delinquency. 34

(e) This section does not prohibit access to and use of any juvenile record by the 35
Maryland Division of Correction when the Div ision is carrying out any of its statutory 36
duties if: (1) the individual to whom the record pertains is committed to the custody of the 37
Division; and (2) the record concerns an adjudication of delinquency. 38

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(f) Subject to the provisions of §§ 9–219 and 9–220 of the Human Services Article, 1
this section does not prohibit access to or use of any juvenile record for criminal justice 2
research purposes. A record used under this subsection may not contain the name of the 3
individual to whom the record pertains, or any other identifying information which could 4
reveal the individual’s name. 5

(g) This section does not prohibit a victim or victim’s representative who has filed 6
a notification request form from being notified of proceedings and events involving the 7
defendant or child as provided in this subtitle, the Criminal Procedure Article, or the 8
Criminal Law Article. 9

(h) This section does not prohibit the Department of Public Safety and 10
Correctional Services or a supervising authority, as defined in § 11 –701 of the Criminal 11
Procedure Article, from accessing or using the part of a juvenile record that identifies an 12
offense committed by a juvenile for purposes of complying with Title 11, Subtitle 7 of the 13
Criminal Procedure Article. 14

SECTION 2. AND BE IT FURTHER E NACTED, That this Act shall take effect 15
October 1, 2026. 16