Juvenile justice reform poised for debate in crowded 2026 Maryland General Assembly session

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“Teens are different from adults. And yet, for so many Maryland teens who are arrested, the first thing that happens after their arrest is they are booked and detained in an adult jail. Our Maryland teens stay longer in adult jails and are less protected from adult criminals than in any other state in the country …”

With these words, Susan Leviton, Professor Emeritus of Law, University of Maryland School of Law, opened the presentation of the Maryland Commission on Juvenile Justice Reform and Emerging & Best Practices, Processes and System Coordination Workgroup. The recommendations, delivered at the Commission’s October meeting, followed the workgroup’s detailed review of the state’s failure to comply with the Federal Juvenile Justice and Delinquency Prevention Act, with a particular focus on the practice of holding minors in adult jails.

Working with the Maryland Department of Juvenile Services, the Governor’s Office of Crime Prevention and Policy, Judiciary representatives and county stakeholders, the workgroup identified statutory, systemic and operational gaps that contribute to the violations. The report notes that charging minors as adults for crimes like murder, rape and robbery hasn’t been shown to improve public safety, does not provide added community protection and disproportionately impacts children of color.

According to Sen. Will Smith, D-Montgomery County, commission member and chair of the Senate Judicial Proceedings Committee, Maryland records more JJDPA infractions than any other state.

“There are so many infractions in Maryland based on that federal law,” he said, “that Maryland’s data is excluded from the national reporting because we’re such an outlier.”

Changes enacted in 2024 expanded the list of offenses that place Maryland youth under adult jurisdiction. Today, there are 33 offenses that automatically send Maryland children to an adult detention center upon arrest. However, 85% of the youth automatically charged as adults ultimately return to juvenile court or have their cases dismissed. Many of those children whose cases are dismissed or transferred to juvenile court spend weeks or even months in adult facilities before their cases are resolved.

The workgroup’s recommendations don’t propose eliminating auto charging. Instead, they call for all cases involving minors to begin in juvenile court. Judges would retain discretion to transfer certain cases to adult criminal court. These changes, the workgroup stated, reflect national best practices, and if implemented, would bring Maryland closer to federal compliance.

The commission approved the workgroup’s recommendations, though several commissioners abstained and several others voted against the recommendations, for reasons that included transparency and data sources. Carlotta Woodward, Chief, Juvenile Court Division, Montgomery County State’s Attorney’s Office, was one of those who opposed the recommendations. “I prosecute juveniles and juveniles charged as adults. One of my issues was understanding where the data came from.”

Woodward also believes additional changes are necessary before reforms like these can be implemented.

More from Eye on Annapolis: The Daily Record is publishing a series of stories previewing key topics, including the following, that are expected to be tackled by the General Assembly in the weeks leading up to the 2026 session. Energy DJS abuse lawsuits Juvenile Justice Attorney General’s Office Health Care Immigration Budget State Leadership

“The system is not equipped to handle older violent offenders being put back into the juvenile justice system,” she said. “If there were services that were appropriate and that did what was necessary for these kids and for the protection of the community, there may be a different discussion. I think that the system, the way that it’s set up, is not equipped to handle what is going to happen if these kids start in juvenile court.”

Smith intends to introduce legislation in the 2026 legislative session based on the workgroup’s recommendations, similar to a bill he introduced in 2025, which passed committee but didn’t get a floor vote.

“Essentially these recommendations are in line with the bill that I’m putting forward,” Smith said. “My bill retains automatic charging for children 16 and older for things like first- and second-degree murder and attempted murder, first-degree rape and attempted rape, second-degree murder and attempt, voluntary manslaughter, carjacking, armed carjacking and use of a handgun in crimes of violence.”

Judge Andre Davis, retired, United States Court of Appeals for the Fourth Circuit and the commission chair, noted the broader implications.

“The state has come a long way,” he said. “But this notion of mandatory charging of teenagers and treating them in adult court to begin the entire justice process is a vestige of old thinking around the idea that locking people up will make the community safer. In fact, it’s the exact opposite in the juvenile system. Locking up teenagers instead of putting them in spaces where they can get the services they need, giving them developmentally appropriate interventions, maintaining contact with their families, and continuing their education is not only inappropriate, it’s dangerous.”

Smith emphasized that the Maryland juvenile system still has its limitations.

“It’s not perfect,” he said. “Far from it. But it’s better than what we’re doing right now.”

Whether this bill advances will depend not only on the debate around juvenile justice but also on the broader environment facing legislators when the 2026 General Assembly reconvenes in January. The session will be busy, with discussions anticipated around public safety, immigration enforcement, housing and emerging technologies.

These issues, and others, will be considered against the backdrop of the state budget, including a projected $1.4 billion shortfall, the possibility of a government shutdown in January, potential cuts to Medicaid and SNAP, and a new speaker in the House. How the General Assembly navigates their crowded agenda may influence the prospects for juvenile justice reform in the coming months.