Bill > HB389

This bill, titled "Juveniles - Detention and Confinement - Limitations on Juvenile Contact With Incarcerated Adults," aims to significantly alter how juveniles are handled when they are arrested, convicted, or awaiting trial on criminal charges, particularly when those charges fall under adult criminal court jurisdiction. The core provision is that a child, regardless of their legal status in the adult court system, cannot be held in any institution where they might see or hear incarcerated adults. Furthermore, with limited exceptions, children cannot be held in adult correctional facilities at all. The bill does allow for temporary holding in adult jails or facilities for processing, but only if the child is kept separate from adults by sight and sound and is held for no more than six hours, including transport time to the nearest juvenile facility. This change is intended to protect juveniles from the negative influences and potential dangers of interacting with adult offenders. The bill also modifies existing law regarding pre-trial detention for juveniles, removing previous exceptions that allowed for detention in adult facilities if juvenile facilities lacked capacity or if detention in a juvenile facility posed a risk of harm, and instead mandates detention in a secure juvenile facility unless specific conditions are met. This legislation is set to take effect on October 1, 2028.

Justice

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB0389?ys=2026RS