By Andrea Stevens
AFRO Staff Writer
astevens@afro.com

In a major policy shift, the Maryland Department of Juvenile Services (DJS) has unveiled new guidelines regarding the use of electronic ankle monitoring for youth that include expanded use of detention for those who reoffend while under supervision.

โ€œWe want to make sure weโ€™re making decisions based on objectivity and not subjectivity,โ€ said Acting Secretary Betsy Fox Tolentino. โ€œWhen monitoring isnโ€™t working, weโ€™ll take different action, but that action will include meaningful connection, support and accountability, so weโ€™re setting young people up for success, not just punishment.โ€

The policy changes aim to strengthen public safety through increased data use and equity-based decision-making. Tolentino emphasized that DJS will use detention in some cases, but only as part of a broader system of interventions.

The Maryland Department of Juvenile Services has new guidelines regarding electronic ankle monitoring for youth. (Photo credit: Unsplash / Jonathan Cooper)

โ€œYes, we will use detention if a young person is brought to our attention for reoffending while on the monitor,โ€ Tolentino said. โ€œBut we donโ€™t stop there. We want to make sure weโ€™re also employing strategies that are targeted at ensuring our young people are getting what they need.โ€

Some critics are questioning the policyโ€™s efficacy, especially after Baltimore police announced in late July that a 13-year-old was arrested in connection with a series of armed carjackings and robberies, having 18 prior felony offenses and while wearing an ankle monitor.

โ€œSomething has to be done to protect the public and protect this young person,โ€ former Baltimore City Police Deputy Commissioner Jason Johnson was quoted as saying. He added, โ€œ โ€œThe state maintains juvenile detention facilities for a reason. And this is a poster child literally for the type of person that needs to be detained.โ€

Conversely, civil rights advocates are sounding the alarm, warning that the new rules could lead to increased incarceration of youth who have not yet been convicted.

Matt Parsons, a community lawyer with the Baltimore Action Legal Team, criticized the policy as reinforcing systems built on racial injustice.

โ€œThese policies and the structures they reinforce were built on injustice,โ€ said Parsons. โ€œThe onus should be on the system, on DJS, to prove these policies donโ€™t disproportionately harm Black and Brown youthโ€”although that would be difficult because thatโ€™s exactly what they were designed to do.โ€

Another change involves rapid connection to community-based services when a youth is alleged to have reoffended so they feel more supported. (Photo credit: Unsplash/ Aztreyx Chรกvez)

Parsons also raised concerns about the presumption of innocence being eroded.

โ€œThe directive mandates youth re-arrested while wearing a monitor should be held in detention until their court appearance, meaning more youth will be incarcerated despite the presumption of innocence,โ€ he said.

Iman Freeman, executive director at the Baltimore Action Legal Team, questioned the stateโ€™s true goals in expanding surveillance and punishment.

โ€œIf the objective is that we want our youth to thrive, then evidence shows this doesnโ€™t lend itself to that,โ€ said Freeman. โ€œThis is not aligned with helping children. Itโ€™s about marginalization, not support.โ€

She added that the new policies follow a historical pattern of criminalizing Black youth.

โ€œAdultification of Black youth is a real thingโ€”it distances us from our babies,โ€ Freeman said. โ€œWe have to ask: Do we want them in a cage, or do we want them thriving? I want my child to be able to be a child.โ€

As implementation begins, DJS maintains that it will continue to use data tools such as the Detention Risk Assessment Instrument to guide its decisions. However, advocates say they will keep pushing for policies that center youth development over punishment.