In town halls and in conversations with community associations across Maryland over the past two years, citizens have expressed concern with the state of our juvenile justice system. Maryland prosecutors from across the state have consistently echoed the frustrations of our constituents who have all but given up any hope of justice being served when juveniles commit crimes.
However, with the recent decision by Gov. Wes Moore to move on from Department of Juvenile Services (DJS) Secretary Vincent Schiraldi and announce the appointment of Betsy Fox Tolentino as acting DJS secretary, we are cautiously optimistic about the future of the juvenile system. Ms. Tolentino previously worked for DJS under the leadership of former DJS Secretary Sam Abed and most recently helped lead juvenile justice initiatives for the ROCA Impact Institute, addressing urban violence. Her experience in Maryland gives us renewed faith that our voices will be heard. We sincerely hope she will be the partner we have long desired to ensure success within this system.
We envision that she and Gov. Moore will rebuild the partnership with prosecutors and community leaders alike that had slowly eroded under the Schiraldi administration. Our goals are to return to holding youth accountable for their actions while simultaneously providing them with the necessary resources and programming to get them back on track for success. People must understand that these things are both possible and not mutually exclusive.
Recently, prosecutors and law enforcement officials from across the state were invited to meet with the governor and his public safety leaders to discuss specific concerns regarding juvenile crime and the questionable charging and release system within DJS. Chief among these concerns are the misguided beliefs by some supporting the passage of legislation aimed at ensuring juvenile crimes start in the juvenile system, including heinous acts such as murder and rape. Also of concern is the broken pre-adjudication release policies within DJS that continue to allow for offenders charged with such egregious crimes to be sent back into the community pending final disposition of their case, sometimes within a matter of hours without any real system of accountability.
To ensure such success, a significant part of the change must start with the juvenile intake process. First, the Detention Risk Assessment Instrument system currently used by DJS must ensure that both the current crime the juvenile is being charged with and the interest of public safety if this juvenile is released back into the community are taken into account. Oftentimes, these two factors were overlooked, thereby offering a misguided finding on whether this child should be detained or released.
We also must ensure that any juvenile charged with a crime of violence, a felony or any crime related to the possession of an illegal firearm must immediately come before a juvenile judge or magistrate for a determination of whether that individual should be held or released. These kinds of crimes are far too serious offenses to leave their detention decision up to the untrained and non-legal intake professionals within DJS. We need to pause the placement of these youth back into the community, even for a matter of hours, until they first come before the courts to make a more informed and balanced decision.
Just as an adult who commits a crime is brought before a court commissioner and then sent before a judge for a bail review to determine their eligibility for release, these juvenile offenders should be treated in the same manner. Known as “specials,” these court cases would happen within 48 hours of arrest and allow all sides to review the child’s crime(s) and circumstances, allowing prosecutors, defense counsel and DJS the opportunity to make their arguments on what they believe should happen while this child awaits their court date, and leaving that up to the judges we elect to make such decisions.
We must also work to stop any legislation designed to ensure that all juvenile crimes, or even any specific felonies, start within the juvenile system. This policy, introduced in Annapolis for years, aims to abolish the juvenile transfer process, thereby allowing these heinous acts to be handled within the juvenile court system, which remains confidential and operates under a cloak of secrecy. No different than what is known as a “Star Chamber,” which was a medieval English court system notorious for its arbitrary methods and lacking due process, starting all juvenile crimes within a system that has for years, if not decades, been one of the most dysfunctional and criticized departments within Maryland government is not the most prudent decision when we are trying to restore public confidence in this agency.
However, we remain very encouraged by the news offered by the governor that his administration has dedicated millions of dollars to the success of these young offenders by creating a facility specifically for juveniles with substance abuse problems. This critical piece has not existed in over a decade, and we know that drugs and alcohol play a huge factor in the criminal justice system as a whole, and it has exploded within the communities of our youth and young adults. These kinds of investments are something we, as prosecutors, are proud to stand behind and offer to offenders who are ready to take accountability for their actions and willing to utilize the resources available to help them change their behaviors.
As we enter a new era of leadership at DJS, we must remain vigilant in understanding that one person or entity alone cannot address the juvenile crime crisis, and change will not happen overnight. However, it will take all of us working together, as a true partnership, to ensure the progress of our juvenile justice system. Although we all want the best for our children, we have to do what’s right for the victims of the crimes allegedly committed by these young people, because we all want to feel safe in our communities, and we deserve to live, work and enjoy our neighborhoods without fear of criminal actions.
Ivan J. Bates (SA@stattorney.org) is state’s attorney for Baltimore City and president of the Maryland State’s Attorneys’ Association. This commentary is written on behalf of Maryland’s 24 state’s attorneys.