Juvenile Court - Jurisdiction, Detention, and Confinement (Youth Charging Reform Act)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0323*

SENATE BILL 323
E3 6lr0602
CF HB 409
By: Senators Smith, Brooks, Ferguson , Hettleman, Love, Muse, Sydnor , Watson,
and West
Introduced and read first time: January 22, 2026
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted with floor amendments
Read second time: February 21, 2026

CHAPTER ______

AN ACT concerning 1

Juvenile Court – Jurisdiction, Detention, and Confinement 2
(Youth Charging Reform Act) 3

FOR the purpose of altering the jurisdiction of the juvenile court by repealing provisions 4
specifying that the juvenile court does not have jurisdiction over a child alleged to 5
have committed certain acts; requiring an intake officer to authorize detention of a 6
certain child; altering and establishing certain provisions relating to the detention, 7
confinement, and transportation of certain children; and generally relating to the 8
jurisdiction of the juvenile court. 9

BY repealing and reenacting, with amendments, 10
Article – Courts and Judicial Proceedings 11
Section 3–8A–03 and 3–8A–27(a)(2)(iii), 3–8A–15(b), and 3–8A–16 12
Annotated Code of Maryland 13
(2020 Replacement Volume and 2025 Supplement) 14

BY repealing and reenacting, with amendments, 15
Article – Criminal Procedure 16
Section 4–202(b), (c), and (i), 4–202.2(a), 10–215(a)(20), and 10–216(d) 4–202(h) 17
Annotated Code of Maryland 18
(2025 Replacement Volume) 19

BY repealing and reenacting, with amendments, 20
Article – Education 21
2 SENATE BILL 323

Section 7–303(a)(6) 1
Annotated Code of Maryland 2
(2025 Replacement Volume and 2025 Supplement) 3

BY repealing and reenacting, without amendments, 4
Article – Human Services 5
Section 9–201 6
Annotated Code of Maryland 7
(2019 Replacement Volume and 2025 Supplement) 8

BY repealing and reenacting, with amendments, 9
Article – Human Services 10
Section 9–224 11
Annotated Code of Maryland 12
(2019 Replacement Volume and 2025 Supplement) 13

BY repealing and reenacting, without amendments, 14
Article – State Government 15
Section 9–3601 16
Annotated Code of Maryland 17
(2021 Replacement Volume and 2025 Supplement) 18

BY adding to 19
Article – State Government 20
Section 9–3602(c) 21
Annotated Code of Maryland 22
(2021 Replacement Volume and 2025 Supplement) 23

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
That the Laws of Maryland read as follows: 25

Article – Courts and Judicial Proceedings 26

3–8A–03. 27

(a) In addition to the jurisdiction specified in Subtitle 8 of this title, the court has 28
exclusive original jurisdiction over: 29

(1) A child: 30

(i) Who is at least 13 years old alleged to be delinquent; or 31

(ii) Except as provided in subsection (d) of this section, who is at least 32
10 years old alleged to have committed an act: 33

1. That, if committed by an adult, would constitute: 34

SENATE BILL 323 3

A. A crime of violence, as defined in § 14–101 of the Criminal 1
Law Article; 2

B. A crime involving handguns under § 4 –203 or § 4 –204 of 3
the Criminal Law Article; 4

C. A crime involving firearms under § 5 –133, § 5 –134, § 5
5–138, § 5–142, § 5–203, or § 5–703 of the Public Safety Article; 6

D. Aggravated cruelty to animals under § 10 –606 of the 7
Criminal Law Article; or 8

E. Sexual offense in the third degree under § 3 –307 of the 9
Criminal Law Article; or 10

2. Arising out of the same incident as an act listed in item 1 11
of this item; 12

(2) A child who is in need of supervision; 13

(3) A child who has received a citation for a violation; 14

(4) Except as provided in subsection [(d)(6)] (D)(5) of this section, a peace 15
order proceeding in which the respondent is a child; and 16

(5) Proceedings arising under the Interstate Compact on Juveniles. 17

(b) The court has concurrent jurisdiction over proceedings against an adult for 18
the violation of § 3 –8A–30 of this subtitle. However, the court may waive its jurisdiction 19
under this subs ection upon its own motion or upon the motion of any party to the 20
proceeding, if charges against the adult arising from the same incident are pending in the 21
criminal court. Upon motion by either the State’s Attorney or the adult charged under § 22
3–8A–30 of this subtitle, the court shall waive its jurisdiction, and the adult shall be tried 23
in the criminal court according to the usual criminal procedure. 24

(c) (1) The jurisdiction of the court is concurrent with that of the District Court 25
in any criminal case arising under the compulsory public school attendance laws of this 26
State. 27

(2) The jurisdiction of the court is concurrent with that of a federal court 28
sitting in the State over proceedings involving a violation of federal law committed by a 29
child on a military installation of the U.S. Department of Defense if: 30

(i) The federal court waives exclusive jurisdiction; and 31

(ii) The violation of federal law is also a crime under State law. 32

4 SENATE BILL 323

(d) The court does not have jurisdiction over: 1

(1) [A child at least 14 years old alleged to have done an act that, if 2
committed by an adult, would be a crime punishable by life imprisonment, as well as all 3
other charges against the child arising out of the same incident, unless an order removing 4
the proceeding to the court has been filed under § 4–202 of the Criminal Procedure Article; 5

(2)] A child at least 16 years old alleged to have done an act in violation of 6
any provision of the Transportation Article or other traffic law or ordinance, except an act 7
that prescribes a penalty of incarceration; 8

[(3)] (2) A child at least 16 years old alleged to have done an act in 9
violation of any provision of law, rule, or regulation governing the use or operation of a boat, 10
except an act that prescribes a penalty of incarceration; 11

[(4)] (3) A child at least 16 years old alleged to have committed any of the 12
following crimes, as well as all other charges against the child arising out of the same 13
incident, unless an order removing the proceeding to the court has been filed under § 14
4–202 of the Criminal Procedure Article: 15

[(i) Abduction; 16

(ii) Kidnapping;] 17

(I) (III) ANY CRIME PUNISHABLE BY LIFE IMPRISONMENT; 18

[(iii)] (II) (IV) Second degree murder; 19

[(iv)] (III) (V) Manslaughter, except involuntary manslaughter; 20

[(v)] (IV) (VI) Second degree rape; 21

[(vi) (VII) Robbery under § 3–403 of the Criminal Law Article; 22

(vii) (VIII) Third degree sexual offense under § 3 –307(a)(1) of the 23
Criminal Law Article; 24

(viii) (IX) A crime in violation of § 5–133, § 5 –134, § 5 –138, or § 25
5–203 of the Public Safety Article; 26

(ix)[(ix) Using, wearing, carrying, or transporting a firearm during 27
and in relation to a drug trafficking crime under § 5–621 of the Criminal Law Article; 28

(x) Use of a firearm under § 5–622 of the Criminal Law Article; 29

SENATE BILL 323 5

(xi)] (V) (X) Carjacking or armed carjacking under § 3 –405 of the 1
Criminal Law Article; 2

[(xii) Assault in the first degree under § 3 –202 of the Criminal Law 3
Article; 4

(xiii)] (VI) (XI) Attempted murder in the second degree under § 5
2–206 of the Criminal Law Article; 6

[(xiv)] (VII) (XII) Attempted rape in the second degree under § 3–310 7
of the Criminal Law Article; 8

[(xv) (XIII) Attempted robbery under § 3 –403 of the Criminal Law 9
Article;] or 10

[(xvi)] (VIII) (XIV) A violation of [§ 4 –203,] § 4 –204[, § 4 –404, or § 11
4–405] of the Criminal Law Article; 12

[(5)] (4) A child who previously has been convicted as an adult of a 13
felony and is subsequently alleged to have committed an act that would be a felony if 14
committed by an adult, unless an order removing the proceeding to the court has been filed 15
under § 4–202 of the Criminal Procedure Article; 16

[(6)] (5) A peace order proceeding in which the victim, as defined 17
in § 3–8A–01(cc)(1)(ii) of this subtitle, is a person eligible for relief, as defined in § 4–501 of 18
the Family Law Article; or 19

[(7)] (6) Except as provided in subsection (a)(1)(ii) of this section, a 20
delinquency proceeding against a child who is under the age of 13 years. 21

(e) If the child is charged with two or more violations of the Maryland Vehicle 22
Law, another traffic law or ordinance, or the State Boat Act, allegedly arising out of the 23
same incident and which would result in the child being brought before both the court and 24
a court exercising criminal jurisdiction, the court has exclusive jurisdiction over all of the 25
charges. 26

(f) A child under the age of 13 years may not be charged with a crime. 27

3–8A–15. 28

(b) (1) Subject to paragraphs (2) [and], (3), AND (4) of this subsection, if a 29
child is taken into custody under this subtitle, the child may be placed in detention or 30
community detention prior to a hearing if: 31

(i) Such action is required to protect the child or others; or 32

6 SENATE BILL 323

(ii) The child is likely to leave the jurisdiction of the court. 1

(2) (i) In this paragraph, “risk scoring instrument” means a tool, a 2
metric, an algorithm, or software that: 3

1. Is used to assist in determining the eligibility of a child for 4
release before a hearing; and 5

2. Has been independently validated at least once in the 6
preceding 5 years. 7

(ii) The court or an intake officer shall consider the results of a risk 8
scoring instrument before placing a child in detention. 9

(3) (i) Subject to subparagraph (ii) of this paragraph, a child alleged to 10
have committed a delinquent act may not be placed in detention before a hearing if the 11
most serious offense would be a misdemeanor if committed by an adult, unless: 12

1. The act would be a violation of § 4 –203 or § 4 –204 of the 13
Criminal Law Article or a violation of § 5 –133, § 5 –134, § 5 –138, § 5 –142, § 5 –203, or § 14
5–703 of the Public Safety Article if committed by an adult; 15

2. The child has been adjudicated delinquent at least twice 16
in the preceding 2 years; or 17

3. A. The child was under the supervision of the 18
Department of Juvenile Services when the alleged act occurred; and 19

B. The alleged act, if committed by an adult, would be subject 20
to a penalty of imprisonment of more than 2 years and would not constitute assault in the 21
second degree under § 3–203 of the Criminal Law Article. 22

(ii) Except as provided in subsection (e) of this section, a child under 23
the age of 13 may not be placed in detention if: 24

1. The act would be a violation of § 4–203 or § 4 –204 of the 25
Criminal Law Article or a violation of § 5 –133, § 5 –134, § 5 –138, § 5 –142, § 5 –203, or § 26
5–703 of the Public Safety Article; and 27

2. The child has not previously been adjudicated delinquent 28
for an act that would be a viola tion § 4 –203 or § 4 –204 of the Criminal Law Article or a 29
violation of § 5 –133, § 5 –134, § 5 –138, § 5 –142, § 5 –203, or § 5 –703 of the Public Safety 30
Article. 31

(4) AN INTAKE OFFICER SHALL AUTHORIZE DETENTION FOR A CHILD 32
IF THE CHILD IS: 33

SENATE BILL 323 7

(I) AT LEAST 16 YEARS OLD; AND 1

(II) ACCUSED OF AN ACT THA T, IF COMMITTED BY AN A DULT, 2
WOULD BE: 3

1. A VIOLATION OF § 4–203 OF THE CRIMINAL LAW 4
ARTICLE; OR 5

2. A CRIME OF VIOLENCE , AS DEFINED IN § 14–101 OF 6
THE CRIMINAL LAW ARTICLE. 7

3–8A–27. 8

(a) (2) This subsection does not prohibit: 9

(iii) A law enforcement agency of the State or of a political subdivision 10
of the State, when necessary and for the sole purposes of facilitating apprehension of a child 11
and ensuring public safety, from releasing to the pub lic photographs and identifying 12
information of a child who: 13

1. Has escaped from: 14

A. A detention center for juveniles; 15

B. A secure residential facility for juveniles; or 16

C. A correctional unit as defined in § 2 –401 of the 17
Correctional Services Article; 18

2. Is a missing child as defined in § 9–401 of the Family Law 19
Article; or 20

3. The court does not have jurisdiction over pursuant to [§ 21
3–8A–03(d)(1), (4), or (5)] § 3–8A–03(D)(3) of this subtitle and who is subject to: 22

A. Arrest; or 23

B. An arrest warrant issued by a criminal court. 24

Article – Criminal Procedure 25

4–202. 26

(b) Except as provided in subsection (c) of this section, a court exercising criminal 27
jurisdiction in a case involving a child may transfer the case to the juvenile court before 28
trial or before a plea is entered under Maryland Rule 4–242 if: 29
8 SENATE BILL 323

(1) the accused child was at least 14 but not 18 years of age when the 1
alleged crime was committed; 2

(2) the alleged crime is excluded from the jurisdiction of the juvenile court 3
under [§ 3–8A–03(d)(1), (4), or (5)] § 3–8A–03(D)(3) OR (4) of the Courts Article; and 4

(3) the court determines by a preponderance of the evidence that a transfer 5
of its jurisdiction is in the interest of the child or society. 6

(c) The court may not transfer a case to the juvenile court under subsection (b) of 7
this section if: 8

(1) the child was convicted in an unrelated case excluded from the 9
jurisdiction of the juvenile court under [§ 3–8A–03(d)(1) or (4) ] § 3–8A–03(D)(3) of the 10
Courts Article; or 11

(2) the alleged crime is murder in the first degree and the accused child 12
was 16 or 17 years of age when the alleged crime was committed. 13

(i) (1) The provisions of § 3 –8A–27 of the Courts Article relating to 14
confidentiality of records apply to all police records and court records concerning the child 15
excluded from the jurisdiction of the juvenile court under [§ 3 –8A–03(d)(1), (4), or (5) ] 16
§ 3–8A–03(D)(3) OR (4) of the Courts Article from the time of the child’s arrest until: 17

(i) the time for filing of a motion to transfer to juvenile court under 18
the Maryland Rules has expired and no such motion has been filed; or 19

(ii) a motion to transfer to juvenile court has been denied. 20

(2) If a case is transferred to the juvenile court under this section: 21

(i) the provisions of § 3 –8A–27 of the Courts Article relating to 22
confidentiality of records continue to apply to all police and court records concerning the 23
child; and 24

(ii) the criminal charge is subject to expungement under § 10–106 of 25
this article. 26

4–202.2. 27

(a) At sentencing, a court exercising criminal jurisdiction in a case involving a 28
child shall determine whether to transfer jurisdiction to the juvenile court if: 29

SENATE BILL 323 9

(1) as a result of trial or a plea entered under Mary land Rule 4 –242, all 1
charges that excluded jurisdiction from the juvenile court under [§ 3–8A–03(d)(1) or (4) ] 2
§ 3–8A–03(D)(3) of the Courts Article do not result in a finding of guilty; and 3

(2) (i) pretrial transfer was prohibited under § 4 –202(c)(2) of this 4
subtitle; or 5

(ii) the court did not transfer jurisdiction after a hearing under § 6
4–202(b) of this subtitle. 7

10–215. 8

(a) The following events are reportable events under this subtitle that must be 9
reported to the Central Repository in accordance with § 10–214 of this subtitle: 10

(20) an adjudication of a child as delinquent[: 11

(i) if the child is at least 14 years old, for an act described in § 12
3–8A–03(d)(1) of the Courts Article; or 13

(ii)] if the child is at least 16 years old, for an act described in [§ 14
3–8A–03(d)(4) or (5)] § 3–8A–03(D)(3) OR (4) of the Courts Article; 15

10–216. 16

(d) (1) This subsection only applies to an adjudication of delinquency of a 17
child[: 18

(i) for an act described in § 3–8A–03(d)(1) of the Courts Article if the 19
child is at least 14 years old; or 20

(ii)] for an act described in [§ 3–8A–03(d)(4) or (5)] § 3–8A–03(D)(3) 21
OR (4) of the Courts Article if the child is at least 16 years old. 22

(2) If a child has not been previously fingerprinted as a result of arrest for 23
the delinquent act, the court that held the disposition hearing of the child adjudicated 24
delinquent shall order the child to be fingerprinted by the appropriate and available law 25
enforcement unit. 26

(3) If the child cannot be fingerprinted at the time of the disposition 27
hearing held under paragraph (2) of this subsection, the court shall order the child to report 28
to a designated law enforcement unit to be fingerprinted within 3 days after making a 29
disposition on an adjudication of delinquency. 30

Article – Education 31

10 SENATE BILL 323

7–303. 1

(a) (6) “Reportable offense” means an offense that: 2

(i) Occurred off school premises; 3

(ii) Did not occur at an event sponsored by the school; and 4

(iii) Involved any of the following: 5

1. A crime of violence, as defined in § 14–101 of the Criminal 6
Law Article; 7

2. Any of the offenses enumerated in [§ 3 –8A–03(d)(4)] 8
§ 3–8A–03(D)(3) of the Courts Article; 9

3. A violation of § 4–101, § 4–102, § 4–203, or § 4–204 of the 10
Criminal Law Article; 11

4. A violation of § 5–602, § 5–603, § 5–604, § 5–605, § 5–606, 12
§ 5–607, § 5–608, § 5–608.1, § 5–609, § 5–612, § 5–613, § 5–614, § 5–617, § 5–618, § 5–627, 13
or § 5–628 of the Criminal Law Article; 14

5. A violation of § 4–503, § 9–504, or § 9–505 of the Criminal 15
Law Article; 16

6. A violation of § 6–102, § 6–103, § 6–104, or § 6–105 of the 17
Criminal Law Article; 18

7. A violation of § 9 –802 or § 9 –803 of the Criminal Law 19
Article; 20

8. A violation of § 3–203 of the Criminal Law Article; 21

9. A violation of § 6–301 of the Criminal Law Article; 22

10. A violation of § 9–302, § 9–303, or § 9–305 of the Criminal 23
Law Article; 24

11. A violation of § 7–105 of the Criminal Law Article; 25

12. A violation of § 6–202 of the Criminal Law Article; or 26

13. A violation of § 10–606 of the Criminal Law Article. 27

Article – Human Services 28

SENATE BILL 323 11

9–201. 1

There is a Department of Juvenile Services established as a principal department of 2
State government. 3

9–224. 4

(A) On or before October 1, 2025, and each October 1 thereafter, the Department 5
shall report to the Senate Judicial Proceedings Committee and the House Judiciary 6
Committee, in accordance with § 2–1257 of the State Government Article, on: 7

(1) efforts by the Department to promote predelinquent programs, 8
including youth service bureaus; 9

(2) efforts by the Department to collaborate with and provide technical 10
assistance to local governments regarding the establishment, use, and funding of youth 11
service bureaus; 12

(3) an assessment of the programs and activities conducted by youth 13
service bureaus; and 14

(4) any other efforts to prevent youth offenses. 15

(B) ON OR BEFORE OCTOBER 1, 2027, AND EACH OCTOBER 1 THEREAFTER, 16
THE DEPARTMENT, IN CONSULTATION WITH THE GOVERNOR’S OFFICE OF CRIME 17
PREVENTION AND POLICY AND THE ADMINISTRATIVE OFFICE OF THE COURTS, 18
SHALL REPORT TO THE COMMISSION ON JUVENILE JUSTICE AND EMERGING AND 19
BEST PRACTICES AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE 20
GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON: 21

(1) THE AVERAGE LENGTH OF STAY OF YOUTH AWAITING COMMITTED 22
PLACEMENT IN A JUVENILE DETENTION FACILITY; 23

(2) (I) THE TOTAL NUMBER OF CASES IN WHICH THE J UVENILE 24
COURT IS PETITIONED TO WAIVE ITS JURISDI CTION UNDER § 3–8A–06 OF THE 25
COURTS ARTICLE; 26

(II) THE TOTAL NUMBER OF CASES IN WHICH THE J UVENILE 27
COURT WAIVES ITS JURISDICTION UNDER § 3–8A–06 OF THE COURTS ARTICLE; AND 28

(III) THE TOTAL NUMBER OF CASES IN WHICH THE J UVENILE 29
COURT DECLINES TO WA IVE ITS JURISDICTION UNDER § 3–8A–06 OF THE COURTS 30
ARTICLE; 31

12 SENATE BILL 323

(3) (I) THE TOTAL NUMBER OF CASES IN WHICH A COU RT IS 1
PETITIONED TO TRANSFER THE CASE TO JUVEN ILE COURT UNDER § 4–202 OF THE 2
CRIMINAL PROCEDURE ARTICLE; 3

(II) THE TOTAL NUMBER OF CASES IN WHICH A COU RT 4
TRANSFERS THE CASE T O JUVENILE COURT UNDER § 4–202 OF THE CRIMINAL 5
PROCEDURE ARTICLE; AND 6

(III) THE TOTAL NUMBER OF CASES IN WHICH A COU RT 7
DECLINES TO TRANSFER THE CASE TO JUVENILE COURT UNDER § 4–202 OF THE 8
CRIMINAL PROCEDURE ARTICLE; AND 9

(4) THE AVERAGE LENGTH OF TIME A YOUTH SPENDS IN DETENTION, 10
COMMUNITY DETENTION , OR SHELTER CARE AWAI TING A DECISION UNDE R § 11
3–8A–06 OF THE COURTS ARTICLE. 12

Article – State Government 13

9–3601. 14

In this subtitle, “Office” means the Governor’s Office of Crime Prevention and Policy. 15

9–3602. 16

(C) ON OR BEFORE OCTOBER 1, 2027, AND EACH OCTOBER 1 THEREAFTER, 17
THE OFFICE SHALL REPORT TO THE COMMISSION ON JUVENILE JUSTICE REFORM 18
AND EMERGING AND BEST PRACTICES AND , IN ACCORDANCE WITH § 2–1257 OF 19
THIS ARTICLE, THE GENERAL ASSEMBLY ON: 20

(1) THE TOTAL NUMBER OF YOUTH HOUS ED IN FACILITIES WIT H 21
ADULT OFFENDERS ON A MONTHLY BASIS; 22

(2) THE AVERAGE LENGTH OF STAY OF YOUTH HOUSED IN FACILITIES 23
WITH ADULT OFFENDERS; 24

(3) THE TOTAL NUMBER OF YOUTH CHARGED AS ADU LTS UNDER § 25
3–8A–03(D)(3) OF THE COURTS ARTICLE AND THE OFFENSES WITH WHICH THOSE 26
YOUTH ARE CHARGED; 27

(4) THE TOTAL NUMBER OF YOUTH HELD IN RESTRI CTIVE HOUSING 28
IN FACILITIES WITH ADULT OFFENDERS; AND 29

(5) THE TOTAL NUMBER OF VIOLATIONS OF THE PR OVISIONS OF 30
TITLE 34 OF THE UNITED STATES CODE PROHIBITING YOUTH FROM HAVING SIGHT 31
AND SOUND CONTACT WITH ADULT OFFENDERS. 32
SENATE BILL 323 13

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 1
apply only prospectively and may not be applied or interpreted to have any effect on or 2
application to any c riminal prosecution or delinquency proceeding for any act committed 3
before the effective date of this Act. 4

SECTION 3. AND BE IT FURTHER ENACTED, That, on or before October 1, 2027, 5
the Commission on Juvenile Justice Reform and Emerging and Best Practices shall, in 6
accordance with § 2–1257 of the State Government Article, report to the General Assembly 7
on: 8

(1) the implementation of this Act; 9

(2) the total number of behavioral incidents involving juveniles in the 10
custody of the Department of Juvenile Services following the enactment of this Act; and 11

(3) the ability of the Department of Juvenile Services to maintain staffing 12
levels adequate to meet any increase in the number of juveniles in the custody of the 13
Department resulting from this Act. 14

SECTION 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 15
as follows: 16

Article – Courts and Judicial Proceedings 17

3–8A–16. 18

[(a) The official in charge of a jail or other facility for the detention of adult 19
offenders or persons charged with crime shall inform the court or the intake officer 20
immediately when a person, who is or appears to be under the age of 18 years, is received 21
at the facility and shall deliver him to the court upon request or transfer him to the facility 22
designated by the intake officer or the court, unless the court has waived its jurisdiction 23
with respect to the person and he is being proceeded against as an adult. 24

(b) When a case is transferred to another court for criminal prosecution, the child 25
shall promptly be transferred to the appropriate officer or adult detention facility in 26
accordance with the law governing the detention of persons charged with crime.] 27

(A) A CHILD, INCLUDING ONE SUBJEC T TO ADULT CRIMINAL COURT 28
JURISDICTION, WHO HAS BEEN ARRESTED, HAS BEEN CONVICTED, OR IS AWAITING 29
TRIAL ON CRIMINAL CH ARGES MAY NOT BE DET AINED OR CONFINED IN ANY 30
INSTITUTION IN WHICH THE CHILD HAS CONTACT WITH OR COMES WITHIN SIGHT OR 31
SOUND OF AN INCARCERATED ADULT. 32

(B) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION , A CHILD 33
WHO HAS BEEN ARRESTED , HAS BEEN CONVICTED, OR IS AWAITING TRIAL FOR AN 34
14 SENATE BILL 323

OFFENSE UNDER ADULT CRIMINAL COURT JURIS DICTION MAY NOT BE H ELD IN 1
CUSTODY IN AN ADULT CORRECTIONAL FACILITY. 2

(C) A CHILD MAY BE TEMPORA RILY HELD FOR PROCES SING IN AN ADULT 3
JAIL OR A CORRECTIONAL OR DETENTION FACILITY THAT DOES NOT HAVE A SECURE 4
JUVENILE DETENTION AREA IF THE CHILD IS: 5

(1) SEPARATED BY SIGHT AND SOUND FROM INCARCERATED ADULTS; 6
AND 7

(2) HELD FOR A PERIOD NOT EXCEEDING 6 HOURS, INCLUDING TIME 8
IN THE FACILITY AND IN TRANSPORT TO THE NEAREST JUVENILE FACILITY. 9

[(c)] (D) A child may not be transported together with adults who have been 10
charged with or convicted of a crime [unless the court has waived its jurisdiction and the 11
child is being proceeded against as an adult]. 12

Article – Criminal Procedure 13

4–202. 14

(h) [(1)] Pending a determination under this section to transfer its jurisdiction, 15
the court shall order the child to be held in a secure juvenile facility unless[: 16

(i)] the child is released on bail, recognizance, or other conditions of 17
pretrial release[; 18

(ii) there is not available capacity in a secure juvenile facility, as 19
determined by the Department of Juvenile Services; or 20

(iii) the court finds that detention in a secure juvenile facility would 21
pose a risk of harm to the child or others. 22

(2) If the court makes a finding under paragraph (1)(iii) of this subsection 23
that detention in a secure juvenile facility would pose a risk of harm to the child or others, 24
the court shall state the reasons for the finding on the record]. 25

SECTION 5. AND BE IT FURTHER ENACTED, That Section 4 of this Act shall take 26
effect October 1, 2029. 27

SECTION 3. 6. AND BE IT FURTHER ENACTED, That , except as provided in 28
Section 5 of this Act, this Act shall take effect October 1, 2026. 29