Case Explained: Juvenile automatic charging bill sparks concern from law enforcement – Legal Perspective

BALTIMORE (WBFF) — As lawmakers in Annapolis push forward with the Youth Charging Reform Act, aimed at ending the automatic charging of certain juveniles as adults in Maryland, law enforcement leaders expressed concerns about the potential impact on juvenile crime rates.

The proposed legislation, named the Youth Charging Reform Act, has garnered support in the State House and momentum continues to build. The plan prevents 16- and 17-year-olds from being automatically charged as adults for certain drug, assault, and gun-related charges.

Supporters of the bill, which has been introduced in the House and Senate, argue that most cases end up in the juvenile system regardless, and therefore, it makes sense to start them in the Department of Juvenile Services.

“They’re already ingesting that work anyway; they’re already doing that workload anyway,” Sen. Will Smith, lead sponsor of the legislation, previously told FOX45 News. “We’re just wasting time and money by sending them to the adult system first.”

While announcing charges against a Baltimore mom of a teen involved in an incident with a Baltimore Police officer, however, the issue of repeated juvenile crime resurfaced.

Baltimore City State’s Attorney Ivan Bates announced his office charged a parent with concealing evidence in their child’s criminal case on March 12. Bates, along with BPD Commissioner Richard Worley, said the woman, Yolanda Wilkes, is facing accessory after the fact, destroying, altering, concealing, or removing evidence, and contributing to the delinquency of a minor.

The issue stems from an incident in February where three teens were arrested following an officer-involved discharging. Police responded to reports of an armed robbery at the home of the caller; when officers arrived, a Kia shifted into reverse and hit a parked vehicle. The officer then approached the vehicle and told the people inside to stop and get out.

That didn’t happen, and the driver of the Kia reversed again, hitting the officer and colliding with a few other vehicles as it drove away. The officer ended up sustaining injuries and fired his weapon at the vehicle.

The investigation revealed two people inside the Kia were each 14 years old and both were wearing electronic monitoring for prior robbery and auto theft charges.

Wilkes said her daughter indicated she hit a police officer and that police shot at her. During an interview with investigators, Wilkes said her daughter was wearing a yellow and black jacket during the incident, which she threw away because she couldn’t get the bloodstains out.

“Unfortunately, this case highlights a broader issue we continue to see in Baltimore City involving criminal behavior committed by juveniles,” Commissioner Worley said while announcing charges against Wilkes.

Worley said his officers are seeing “concerning trends” involving juveniles, especially when it comes to shootings, carjackings, robberies, and illegal handgun possession.

“These are not minor offenses,” Worley said. “These are dangerous crimes to put lives at risk and destabilize families and communities.”

When young people become involved in this type of criminal activity, it cannot be ignored or excused, Worley continued.

Several top prosecutors have come out against the legislation, including Baltimore City State’s Attorney Ivan Bates, Prince George’s County State’s Attorney Tara Jackson, Montgomery County State’s Attorney John McCarthy, and Anne Arundel County State’s Attorney Anne Colt Leitess.

“DJS is not equipped to deal with these increased violent offenders, and the legislature should defer the implementation of this bill until the programs are in place,” McCarthy said.

If the legislation passes and becomes law, Colt Leitess said it will mean the reallocation of “our prosecutors, investigators, case managers” and said adult court dockets will become more crowded and delayed.

“I think juveniles will be receiving dispositions, but there won’t be a place to put them,” she said.

Like the others, Jackson pointed to what she described as a lack of services available for young people in DJS.

“Fix the system first,” she said, before putting more young people in DJS through the proposed legislation.

We’ve got to make sure that the system is equipped to handle the kids that are in it now. We can’t put more kids into this system if it’s already broken. We’ve got to fix it. And starting some cases in the adult system is going to hold these individuals accountable, Worley explained.

The Senate approved the Youth Charging Reform Act, sending the plan to the House for consideration. A House-sponsored version the plan has also been introduced, but the committee has yet to vote on that version. It’s not clear when – or if – the Senate-approved version will get a committee hearing or vote in the House.

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