R Street Letter to MD Governor Wes Moore in Support of MD SB 323, auto-charging reform

April 23, 2026

The Honorable Westley Moore
Governor of Maryland
State House
100 State Circle
Annapolis, MD 21401

Re: R Street Institute’s Support for Senate Bill 323

Governor Moore,

My name is Logan Seacrest and I am a resident fellow of Criminal Justice and Civil Liberties at the R Street Institute. R Street is a nonprofit, nonpartisan public policy research organization that engages in research and outreach to promote free markets and limited, effective government. That is why we support Senate Bill 323, the Youth Charging Reform Act, which will mitigate Maryland’s practice of automatically charging children as adults and restore that decision to the discretion of judges and prosecutors.

Maryland remains an outlier in how juveniles are treated in the legal system. In 2025, Maryland automatically charged more than 1,000 children as adults, without input from a judge or prosecutor—more than any other state except Alabama.[1] This practice does not improve public safety. In fact, most of these cases are eventually transferred back to juvenile court or dismissed, never resulting in an adult criminal conviction.[2]

Despite having limited impact on legal outcomes, charging children as adults carries significant fiscal and human costs. From 2023 to 2024, the detention rate for Maryland children in adult facilities rose 27 percent to 119.59 per 100,000—more than eight times the standard set in the federal Juvenile Justice and Delinquency Prevention Act (JJDPA).[3] The same year, Maryland had 1,600 JJDPA violations, more than any other state, putting $350,000 in federal grant funding at risk.[4]

Maryland’s practice of charging youth as adults also puts fiscal strain on the Department of Juvenile Services (DJS) and the Office of the Public Defender. In 2024, youth charged as adults awaiting transfer comprised 60 percent of DJS’s daily detention population. [5] These youth spent an average of 98 more days in custody than comparable youth charged as juveniles, at a cost of $1,174 per child, per day.[6] By reducing the number of cases that start in the wrong court, SB 323 will cut down on pre-trial detention, transfer hearings, and waivers, saving the state millions of dollars per year.[7]

Maryland taxpayers bear the burden of this wasteful, inefficient system that sets youth on a lifelong path of justice system involvement.[8] Children charged as adults have higher rates of recidivism and are more likely to commit violent crimes later in life, compared to those in the juvenile system.[9] Exposing young people to adult jails increases the risk of physical violence, sexual assault, and isolation—factors that contribute to future criminality.[10] The Youth Charging Reform Act promotes limited, effective government by ensuring more juvenile cases begin in a system that provides accountability while delivering rehabilitation services aligned with the developmental needs of adolescents.

Contrary to what opponents may assert, this legislation does not end or prohibit the prosecution of youth as adults. It still requires cases involving 16- and 17-year-olds charged with serious offenses—including murder and carjacking—to begin in adult court.[11] Prosecutors retain the ability to petition for the transfer of serious cases, and judges will continue to have the discretion to decide who is detained or released.[12] This bill simply replaces an automatic process that limits judicial discretion with a deliberate one that prioritizes results.

Youth charged with serious offenses need to be held accountable. However, accountability should not come at the expense of public safety or fiscal responsibility. If enacted, the Youth Charging Reform Act, Maryland will improve long-term outcomes for its youth, reduce an extravagant misuse of government resources, and bring the state into alignment with national best practices. These savings will provide Maryland with the opportunity to invest in more effective youth interventions. For these reasons, we urge you to sign SB 323 into law.

Thank you for your time and consideration.

Best regards,

Logan Seacrest
Resident Fellow
Criminal Justice and Civil Liberties
R Street Institute
lseacrest@rstreet.org

Cc:        Jeremy Baker, Chief Legislative Officer, Office of Governor Westley Moore
Myles Hicks, Deputy Legislative Officer, Office of Governor Westley Moore

[1] Emily Mooney, “Maryland: A Case Study Against Automatically Charging Youth as Adults,” R Street Institute, October 7, 2019. https://www.rstreet.org/wp-content/uploads/2019/10/Final-Short-No.-76.pdf.

[2] Juvenile Justice Reform Council, “Final Report,” Maryland Department of Legislative Services, January 2021. http://dls.maryland.gov/pubs/prod/NoPblTabMtg/CmsnJuvRefCncl/JJRC-Final-Report.pdf.

[3] Commission on Juvenile Justice Reform and Emerging and Best Practices, “Maryland’s JJDPA Compliance Crisis: Children in Adult Detention,” October 2025. https://gocpp.maryland.gov/wp-content/uploads/Marylands-JJDPA-Compliance-Crisis-Children-in-Adult-Detention-COMMISSION-APPROVED-.docx.pdf.

[4] Ibid.

[5] Maryland Department of Juvenile Services, “Youth Charged as Adults Pending Transfer Demographics by Detention Facility, FY 2024,” 2024. https://djs.maryland.gov/Documents/DRG/Data_Resource_Guide_FY2024.pdf.

[6] Ibid.

[7] Maryland Department of Legislative Services, “Fiscal and Policy Note: House Bill 409, Juvenile Court – Jurisdiction,” Maryland General Assembly, 2025. https://mgaleg.maryland.gov/2026RS/fnotes/bil_0009/hb0409.pdf.

[8] Maryland’s JJDPA Compliance Crisis: Children in Adult Detention, October 2025.

[9] Robert Hahn et al., “Effects on Violence of Laws and Policies Facilitating the Transfer of Juveniles from the Juvenile Justice System to the Adult Justice System: A Report on Recommendations of the Task Force on Community Preventive Services,” MMWR Recommendations and Reports 56: RR-9 (Centers for Disease Control and Prevention, November 30, 2007), pp. 1–11. https://www.cdc.gov/mmwr/pdf/rr/rr5609.pdf.

[10] National Prison Rape Elimination Commission, “Report of the National Prison Rape Elimination Commission,” National PREA Resource Center, June 2009. https://www.prearesourcecenter.org/resource/national-prison-rape-elimination-commission-report.

[11] Senate Bill 323, “Juvenile Court – Jurisdiction (Youth Charging Reform Act),” Maryland General Assembly, 2026 Regular Session. https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/sb0323?ys=2026RS.

[12] Ibid.