Posted on 08/14/23
| News Source: FOX45
A high-speed car chase in Baltimore City stemming from a stolen car in Baltimore County has reignited discussion surrounding juvenile justice laws ahead of the General Assembly Session in January.
Four young kids, two 14-year-olds, one 13-year-old, and an 11-year-old, were apprehended by Baltimore City Police after 7:30 p.m. on Friday, Aug. 11, evening. Foxtrot, BPD’S helicopter, was called to follow a Hyundai Elantra after officers lost sight of it by ground. As Foxtrot followed the sedan, the driver continued to travel at high speeds, passing multiple stops signs along the way.
“He looks like he’s about 10 years old,” an officer from inside the helicopter said, dispatch audio revealed, during the pursuit.
Baltimore Police said due to Maryland's Juvenile Justice Reform Act, the 11-year-old was unable to be charged and was picked up by a family member from the scene. The remaining juveniles were all charged.
This car theft and chase is the latest example of young kids involved in criminal activity who aren’t able to be charged. Earlier in August, seven young people were detained in connection to a car theft; five of the seven were old enough to be charged.
“The 11-year-old and 12-year-old – had it been a carjacking or an attempted carjacking, that meets the criteria for the offenders to be charged,” Corporal Chirs Anderson said, spokesperson for the Anne Arundel County Police Department.
In Prince George’s County, leaders have faced similar instances. In May, the U.S. Marshals arrested 15-year-old Kaden Dominique Holland, also known as Baby K, in connection to a school bus attack as well as a homicide case.
“We have 15- and 14-year-olds running about our community, at one and two o’clock in the morning, armed and dangerous, unaccountable and unafraid,” Prince George’s County Executive Angela Alsobrooks said.
Prince George’s County Police Chief Malik Aziz said the issue of young people and crime stems from lawmakers’ previous actions in Annapolis.
“Under the new laws of the state of Maryland, it has become more difficult for people to question young people about anything,” Aziz said.
It’s becoming more and more difficult to hold juveniles accountable and I think the public cares about it, Alsobrooks added.
Chief Aziz is referring to the Child Interrogation Protection Act. Jeremy Eldridge, a Baltimore-area defense attorney who also once worked as a prosecutor, said the law used to allow officers to question juveniles in line with Miranda Rights.
“Under the new law, however, not only are police required to reach out to the guardian, but they are also required to provide an attorney,” Eldridge said. “What’s been happening and frustrating people like Ivan Bates or the Baltimore City Police Department, is in these moments where children may be witnesses or suspects to a crime ... the lawyers are then meeting with the kids and advising them it's not in their best interests to give a statement.”
The concerns surrounding the current juvenile crime laws have resulted in outspoken police departments and prosecutors around the state.
In September, House Judiciary Committee Chair Luke Clippinger, D-Baltimore City, called a hearing in September to begin the conversations about revising some of the current juvenile justice laws, specifically parameters surrounding probation for young offenders.
“The previous law said that they could be on probation until they are 21, the current law depends on if it’s a misdemeanor or a felony, but it could be up to a year if it’s a misdemeanor and up to two years for a felony. I think we might take another look at those,” Del. Clippinger said.
But one hearing, one time, isn’t enough to get potential legislative change moving before lawmakers return to Annapolis in January, according to political analyst John Dedie. It’s “imperative for lawmakers to start planning,” he added.
“You have to have a series of hearings. You show the sense of urgency of saying – we are listening,” he said. “That way when you come back in January, you have the bill basically written and can start with the public hearings.”
Introducing any changes to the current juvenile justice laws as emergency legislation could also be a way for lawmakers to show communities that they are taking the problems seriously, since emergency legislation – if passed – could take effect immediately, Dedie said.
When you show panic, you get bad legislation, Dedie said. When you show a sense of urgency, you get better legislation.
Beyond the probation length, Clippinger said he wants to figure out ways to address some concerns he has with the services provided within the Department of Juvenile Services.
“What’s becoming clear is that the Department of Juvenile Services doesn’t have the services and doesn’t’ have a plan to deal with kids who are in possession of guns,” Clippinger said. “After we passed the legislation, what became clearer over the last year, is that there are not the services necessary for these kids. We were promised those services.”
The concerns about the services provided within DJS have been well documented; the 2022 annual report produced by the Maryland Attorney General’s Office highlighted poor programming, a lack of accessibility and availability to education and books for kids within the facilities, and persistent boredom.
In an exclusive interview, FOX45 News spoke with DJS Secretary Vincent Schiraldi in May about his vision for the department and how he plans to address some of the concerns outlined in the report. Schiraldi said changes have been made in the short time he has been in his position but recognized some of the challenges.
“We started adding after school programming, which is huge for kids, they were sitting around play spades and being on Xbox,” Schiraldi said. “We’ve got kids in there for multiple problems, they got issues that we have to deal with when they come out, they have to finish school and have job skills, they shouldn’t be playing spades while in our facilities.”
Schiraldi has been in his position for less than six months, and because of that and the significant issues within DJS, Clippinger said he is reserving his judgement on the director’s ability to do his job for now.
“He has a big job in front of him. The vacancy rate, the structural issues within the agency are so significant and so real,” Clippinger said. “I’m willing to give him time and I’m willing to give him a chance.”
The plan to address the current laws on the books comes after months of criticism from police agencies and state’s attorney’s offices around Maryland. However, Clippinger said the criticism isn’t a direct reason why he plans to call a hearing and address the concerns surrounding juvenile crime.
“If people want to argue that the bills were the sole reason why this happening, then I would like for them to explain to me how much they loved the previous system because I never heard them complain about the previous system either,” he said.
We are at a moment where we can make a difference in this area, we should focus on it, and that’s what we are going to do during the hearing in September, Clippinger added.
Representatives from state’s attorney’s offices, law enforcement, the state public defenders’ office, and the Department of Juvenile Services are expected to participate in the hearing, Clippinger said, which has been scheduled for Sept. 13 at 1 p.m. in Annapolis.