By Ryan Coleman
The Department of Juvenile Services (DJS) provides care and treatment, consistent with the public safety, to boys and girls under the age of eighteen who violate the criminal law, or are likely to violate the law, or whose behavior is such that they may endanger themselves or others. Many close to the juvenile justice system say it is failing them and putting the lives of others in the community in danger.
There is a push to hold the juvenile justice system accountable for juveniles continuing to commit violent acts. We have a society that has the mission to ensure juveniles are given the resources needed. However juveniles don’t have the right to victimize citizens in the United States. Citizens have the right under the Constitution to be safe and live their lives. We can’t sanction under the chance of treatment to allow juveniles to victimize our citizenry.
Many say these local, high profile cases are a prime example as to why accountability is needed:
1. On Sept. 29, in Anne Arundel County, two 14-year-old boys, a 13-year-old girl, and a 16-year-old girl stole a car that crashed into a building, injuring the occupants. They all were released to their parents.
2. Also in September, two 15-year-olds fled the Maryland State Police and ended up shooting at Baltimore County Police officers. One was charged as an adult, the other released to his parents.
3. In Baltimore, a 66-year-old man in the Butcher’s Hill area was attacked by two juveniles last month. One was charged as an adult the other was released to his parents.
4. In June, two 17-year-olds and a 15-year-old were arrested for stabbing a man at Towson Mall. One was charged as an adult the others released to their parents.
DJS intake officers are responsible for determining whether youth who have been taken into custody require secure detention or may be released to a parent, guardian or other responsible adult and, if so, under what conditions. Intake officers are directed by statute (Md. Code, Courts and Judicial Proceedings, §3-8A-15) to authorize detention if deemed necessary to protect the youth or others, or if the youth is deemed likely to leave the jurisdiction of the court.
Therefore, DJS has the legal authority and legal obligation to require secure detention for juveniles that pose a threat to public safety. In the above cases they refused to protect Marylanders by holding these juveniles.
DJS announced a policy change on Oct. 1, saying “all youths accused of or charged with a violent felony will be placed on electronic monitoring before their initial court appearance. For those already on electronic monitoring, they will be detained.”
I appreciate DJS making a change, but it does not go far enough.
First, Md. Code, Courts and Judicial Proceedings, §3-8A-15 already directs DJS to hold children who pose a risk. It is not the job of DJS to write the legislation but to follow it. The role of writing legislation is given to the Maryland General Assembly. DJS must follow the law and when they dont must be held accountable.
Secondly, time and time again we have seen youth offenders commit crimes while on electronic monitoring.
This policy would allow them to victimize two Marylanders before being detained. Marylanders can not continue to see the same story played out over and over again. The leadership of DJS must detain violent juvenile offenders regardless of their age. If DJS’s new policy does not keep Marylanders safe, then the governor should appoint new leadership.
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