ANNAPOLIS – On Friday, House Republicans received Department of Juvenile Services Secretary Vincent Schiraldi’s response to their Feb. 6 letter with questions regarding a juvenile child rapist attending Patterson High School.

House Minority Leader Jason Buckel released the follow statement after receiving and reviewing the letter:

“Rather than address our legitimate questions and concerns over a threat to the safety of children attending school with a convicted juvenile child rapist, Secretary Schiraldi has instead chosen to hide behind bureaucratic mumbo jumbo. This is unacceptable and we will continue to pursue this matter.”

The response to Delegates Jason Buckel, Jesse Pippy and Kathy Szeliga follows.

Dear Delegates Buckel, Pippy, and Szeliga,

Thank you for your inquiry, dated Feb. 6, 2024, regarding the media reports of a juvenile sex offender, and concerns related to the juvenile sex offender registry, notification, and school attendance.

First, I must remind you that juvenile records are confidential, and any disclosure is strictly prohibited, unless ordered by the court. Md. Code, Comis, and Judicial Proceedings 3-8A-27. Therefore, I am unable to address the allegations contained in this letter that refer directly or indirectly to a specific young person or scenario. I can provide you with an overview of actions required by Maryland law related to education, victim notification, and registration when a young person is alleged and/or adjudicated delinquent for certain sex offenses. DJS is committed to informing, supporting, and helping victims navigate the juvenile court process including referral to services and/or other agencies that may be able to provide direct services. (please refer to the DJS Victim Services web page for more information)

Victim Notification and Statements

Upon first contact with a victim, or the victim's representative (i.e. parent/guardian) the juvenile intake officer shall provide the victim or victim's representative with a pamphlet outlining resources and their rights as a victim.

Md. Code, Crim. Pro., 11-104

Victim Written Statements:

DJS is required to ensure that any pre-disposition repo1i submitted to the court includes a victim impact statement if the child respondent caused physical, psychological, or economic injury to the victim in committing a delinquent act that would be a felony if committed by an adult.

If there is no pre-disposition report ordered, the State's Attorney may prepare a victim impact statement.

If the victim is unable to provide a statement, the information may be obtained from the victim's representative.

Md. Code, Crim. Pro., 11-402

In Court Victim Impact Statements:

The victim or the victim’s representative may address the court at a juvenile disposition hearing.

Md. Code, Crim. Pro., 11-402

Post-Disposition Notification:

Following an adjudication or disposition, the State’s Attorney shall notify the victim or victim’s representative of a subsequent proceeding reviewing the commitment order of a youth.

Md. Code, Crim. Pro., 11-503

DJS is required to notify the victim or the victim’s representative of an alleged violation of a condition of probation when there is a warrant, subpoena or writ of attachment issued for the alleged violation for a youth who was adjudicated delinquent for a violent crime, and the victim or victims represented submitted a written request for notification or submitted a victim notification request form.

Md. Code, Crim. Pro., 11-507

If a victim requests notification, DJS is required to notify the victim if any of the following events occur from/at a facility for confinement:

An escape

A recapture

A transfer to another commitment unit

A release from confinement and conditions attached to the release

The death of the child respondent.

Md Code, Crim. Pro., 11-508

Educational Notifications and Considerations

Reportable Offenses

Law enforcement shall notify the local superintendent, school principal, and school security officer if a student is arrested for a reportable offense.

Md. Code, Education, 7-303

The State’s Attorney shall promptly notify either the local superintendent or school principal of the disposition of the reportable offense.

Md. Code, Education, 7-303

Specific Provisions for Reportable Offences Involve Rape or Sexual Offense

the local superintendent and the school principal shall consider prohibiting a student who is arrested for a reportable offense involving rape or a sexual offense from attending the same school or riding on the same school bus as the alleged victim of the reportable offense if such action is necessary or appropriate to protect the physical or psychological well–being of the alleged victim.

If a student is arrested for a reportable offense involving rape or a sexual offense and is convicted of or adjudicated delinquent for the rape or sexual offense, the student may not attend the same school or ride on the same school bus as the victim.

Md. Code, Education, 7-303

Use of a Reportable Offense

COMAR directs how a local school is to proceed when notified that a student has been arrested for a reportable offense and/or the disposition of a reportable offense.

COMAR 13A.08.01.17 requires local schools to develop a plan to address the appropriate educational programming and related services for the student that maintains a safe and secure environment for all students.

Removal from School due to a Reportable Offense

If a student is removed or excluded from the student’s regular school program for a reportable offense, the principal or county superintendent shall invite the student’s attorney, if the student has an attorney, to participate in the conference between the student or the student’s parent or guardian and the principal or county superintendent, and the manifestation determination review, if applicable.

Md. Code, Education, 7-303

Juvenile Sex Offender Registry

In Maryland a juvenile adjudicated of certain sex offenses may be placed on a non-public juvenile sex offender registry, and in certain circumstances the public sex offender registry maintained by the Department of Public Safety and Correctional Services (DPSCS).

Non-Public Juvenile Sex Offender Registry

A child, at least age 14, is required to be included in the registry of juvenile sex offenders maintained by DPSCS if the child had been adjudicated delinquent for the following offenses:

• 3–303, § 3–304, or § 3–307(a)(1) or (2) of the Criminal Law Article

This registry is non-public, maintained separately from the sex offender registry, and is only accessible by law enforcement.

The registrant must appear to DJS every three months to update the registry.

The registrant is removed from the juvenile sex offender registry when jurisdiction is terminated.

Md. Code, Crim. Pro., 11-704.1

Sex Offender Registry

A child at least 18, may be required to register as a sex offender if:

the child has been adjudicated delinquent of § 3–303 or § 3–304 of the Criminal Law Article, § 3–305 or § 3–306 of the Criminal Law Article as the sections existed before October 1, 2017, or § 3–307(a)(1) or (2) or § 3–308(b)(1) of the Criminal Law Article involving conduct described in § 3–301(e)(2) of the Criminal Law Article;

was at least 13 at the time the delinquent act was committed;

the State’s Attorney or the Department of Juvenile Services requests that the person be required to register; and

90 days prior to the time the juvenile court’s jurisdiction over the person terminates, the court, after a hearing, determines under a clear and convincing evidence standard that the person is at significant risk of committing a sexually violent offense or an offense for which registration as a tier II sex offender or tier III sex offender is required.

Md. Code, Crim. Pro., 11-704

Specific Questions Contained in the Letter

”Why was this individual not required to register as a sex offender?”

Please see the responses above as to when a youth is required, by law, to register as a sex offender.

“Did DJS make any recommendations to the court regarding the inclusion of this serious sexual offender on the Juvenile Sex Offender Registry?”

DJS does not make recommendations to the court or DPSCS regarding which youth are included on the juvenile sex offender registry. As noted in the responses above, a youth adjudicated of certain sex offenses is required to be placed on the juvenile sex offender registry under certain circumstances.

“Is it the policy of DJS, officially or otherwise, to avoid proposing registration for juvenile sex offenders?”

No.

“Did the Department know of those pending charges when they made their recommendations to the court in this case?”

I cannot provide information about a specific case, however DJS includes information in any assessments, including disposition reports, related to past and pending complaints that are known to the department.

It is my intention that you find this information helpful and responsive to the concern you raised in your letter. If you require additional information please contact Kara Aanenson, director of Legislation and Policy at kara.aanenson@maryland.gov.

Sincerely,

Vincent Schiraldi

Secretary