We Must End the Automatic Charging of Youth as Adults in Maryland

In testimony presented in support of Maryland SB 422, Derrell Frazier, a policy entrepreneur at Next100, praises the bill as a strong first step, and urges Maryland lawmakers to amend the bill to completely eliminate the automatic charging of youth under 18 as adults. Derrell outlines the harmful impact of the current laws, noting that Maryland ranks among the highest in the nation for sending children to adult court. His testimony, the text of which you can read below, emphasizes the devastating consequences on youth, particularly Black youth, who are disproportionately affected; and argues that the state should prioritize rehabilitation and fairness through judicial review rather than via outdated punitive practices.

Testimony in Support with Amendments for SB 422
Submitted by Derrell Frazier, Next100 Policy Entrepreneur

Dear Chair Smith, Vice Chair Waldstreicher, and Members of the Judicial Proceedings Committee,

My name is Derrell Frazier, and I am a Policy Entrepreneur with Next100, an organization dedicated to advancing bold, equitable policy solutions to address systemic injustices. As someone deeply invested in youth justice reform in Maryland, I am submitting this testimony in strong support of SB 422 with amendments to fully eliminate the automatic charging of children as adults.

The Need to End Automatic Charging of Children in Adult Court

Maryland remains an outlier in its treatment of youth in the justice system. Our state sends more young people per capita to adult court based on offense type than any other state except Alabama and ranks fourth-highest nationwide for the percentage of their current prison population incarcerated for crimes committed when they were children (2024 Human Rights for Kids Report). Under current law, some children as young as 14 are automatically sent to adult court, regardless of the unique circumstances of their case.

While SB 422 is a step in the right direction—eliminating automatic adult charges for 14- and 15-year-olds and reducing the number of eligible charges for 16- and 17-year-olds—it does not go far enough. The bill must be amended to end automatic adult charging entirely for all youth under 18. This amendment does not prevent serious cases from being transferred to adult court but instead ensures judicial review before such a life-altering decision is made.

The Devastating Impact of Adult Court on Youth

The research is clear: prosecuting children as adults does not make communities safer and increases recidivism rates.

Prosecuting children as adults exposes them to greater harm. According to the 2024 Human Rights for Kids report on individuals incarcerated as children in Maryland:

• Nearly 80 percent were placed in solitary confinement as children.
• Over 80 percent reported experiencing abuse from staff or other incarcerated people.
• Only 28 percent received treatment for trauma experienced before their incarceration.

They are also less likely to receive rehabilitative services and face extreme risks of violence, sexual abuse, and psychological trauma in adult facilities.

The Racial Disparities in Maryland’s Youth Justice System

Black youth are disproportionately impacted by Maryland’s current laws. Over 81 percent of youth charged as adults in Maryland are Black, despite research showing that crime rates do not justify these racial disparities. Black children are more likely to be charged as adults, more likely to receive harsher sentences, and more likely to be denied second chances compared to their white counterparts.

The automatic charging system fuels these racial inequities and perpetuates harmful, outdated “tough-on-crime” policies that have failed to improve public safety. It is time for Maryland to align with evidence-based practices that prioritize rehabilitation and fairness over outdated punitive measures.

The Financial Cost of Charging Youth as Adults

Beyond its human impact, Maryland’s reliance on automatic adult charges is a costly failure. Each year, hundreds of children are placed in the adult system, yet 87 percent of cases are ultimately transferred to juvenile court, dismissed, or resolved through probation—at a cost exceeding $20 million annually.

Instead of funneling resources into a process that disproportionately harms youth and fails to improve safety, these funds should be redirected toward community-based violence prevention, education, and rehabilitation programs—proven methods that reduce youth crime and recidivism.

SB 422 takes important steps, but without full elimination of automatic adult charges, Maryland will remain behind in youth justice reform. I strongly urge this committee to amend SB 422 to end automatic charging entirely, ensuring every youth has access to due process before being tried as an adult.

By making this change, Maryland will join six other states that have already passed laws to treat kids like kids. This is not just about justice—it is about community safety, racial equity, and responsible governance.

Thank you for your time and consideration. I am happy to provide further insights or research on this critical issue.