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Department of Juvenile Services

SB 323: Youth Charging Reform Act

Fact Sheet

What is changing on October 1, 2026? For offenses committed on or after October 1, 2026, qualifying cases involving youth ages 16 and 17 charged with first-degree assault and misdemeanor handgun/firearm offenses will begin in juvenile court instead of adult criminal court. 

What has DJS done to prepare for the law change? 

  • Trained staff on the new law and their role in the court process.
  • Developed a quality assurance process to monitor caseloads, detention populations, transfer and waiver processes, youth evaluations, and treatment needs.
  • Connected with law enforcement, prosecutors, the judiciary, public defenders, and community organizations to discuss the law change and prepare for implementation..
  • Gathered stakeholder feedback and will continue to provide opportunities for ongoing input.

What is the role of DJS, the State’s Attorneys, and the Juvenile Courts? 

  • The law allows State's Attorneys to ask the juvenile court to WAIVE a case to adult court for 16- or 17-year-olds charged with misdemeanor handgun offenses or first-degree assault.
  • When a waiver is requested, DJS provides information so the judge can consider the youth's needs, amenability to treatment, and public safety, along with the nature of the charged offense.
  • After a hearing and applying the preponderance of the evidence standard, the judge may waive the case to adult court or keep it in juvenile court.

The Bottom Line: Why does this change matter? Some youth spend extended periods awaiting a decision about whether their cases will move from adult to juvenile court. This change allows qualifying cases to begin in juvenile court and can connect youth with age-appropriate services earlier.

  • Faster Accountability & Intervention: Beginning qualifying cases in juvenile court allows youth to receive timely responses and interventions designed to change behavior, reduce future offending, and support public safety.
  • Access to Vital Services: Youth gain earlier access to appropriate behavioral health, treatment, and community-based support programs rather than being subjected to the adult jail environment.

What do parents or legal guardians need to know?

My child is already in DPSCS custody. Does this law automatically apply? No. The law does not automatically apply to youth who had a case pending in adult court before October 1, 2026, or who are already in DPSCS custody. 

Can my child be moved to a DJS juvenile detention facility?  Under current Maryland law, youth who are eligible for a transfer hearing may be ordered by the court to be held in juvenile detention while the court considers whether to transfer the case to juvenile court.

If the court orders placement in juvenile detention, DJS will work with the adult detention facility to transfer the youth to a DJS-operated detention facility.

Who can answer questions about my child's case? If you have questions about your child's individual case, please contact:

  • Your child's attorney
  • Your child's case manager
  • Facility staff, who can help connect you with the appropriate resources

For legal advice or questions about your child's eligibility under the law, please speak directly with your child's attorney.