Senate committee advances changes to juvenile law reform measure

By William Ford

A Senate panel recommended several changes Wednesday to resolve differences on separate juvenile justice reform bills that have been moving through the General Assembly.

The Senate Judicial Proceedings Committee advanced House Bill 814 to the full Senate with a few provisions that coincide with the Senate version of the legislation — including that children ages 10 to 12 could be sent to juvenile court if charged for a third-degree sex offense, aggravated animal cruelty and certain firearm offenses.

Advocates to Gov. Moore: Veto juvenile justice measures

Respective committees from each chamber must now review some of the differences in House Bill 814 and Senate Bill 744 such as when the legislation goes into effect, specific diversionary programs for children ages 10 to 12, and who would serve on a Commission on Juvenile Justice Reform and Emerging and Best Practices.

If lawmakers pass the legislation with what advocates call “regressive provisions,” then Gov. Wes Moore (D) should veto the bills when they come to his desk, the advocates said Thursday.

Maryland confirmed as pick for new FBI headquarters

By Jennifer Shutt, William J. Ford, Danielle E. Gaines

The Federal Bureau of Investigation’s new headquarters will be in Maryland, a significant victory for the state following years of jockeying against Virginia and debate throughout several presidencies about where best to locate the law enforcement agency.

The General Services Administration picked the Greenbelt site Wednesday over the Springfield, Virginia, and Landover options, according to a source with knowledge confirming the GSA’s decision to Maryland Matters and States Newsroom.

GSA Administrator Robin Carnahan said in a written statement to States Newsroom and Maryland Matters that “GSA looks forward to building the FBI a state-of-the-art headquarters campus in Greenbelt to advance their critical mission for years to come.”

“Thank you to everyone at GSA, DOJ, FBI, Congress, and others who helped reach this important milestone after a comprehensive, multi-year effort,” Carnahan said.

A spokesperson for the federal agency said in a written statement that “GSA determined Greenbelt to be the best site because it was the lowest cost to taxpayers, provided the greatest transportation access to FBI employees and visitors, and gave the government the most certainty on project delivery schedule.

“It also provided the highest potential to advance sustainability and equity,” the spokesperson said.

The Washington Post originally reported the decision.

The Maryland congressional delegation along with several other officials, including Gov. Wes Moore (D) and Prince George’s County Executive Angela Alsobrooks (D) said in a written statement that the decision is a “historic moment” for the FBI and the country.

“Our decades-long, bipartisan effort to bring the Maryland sites’ many merits to the GSA’s attention was never about politics,” they wrote. “It was always about making the case for what is best for the FBI, our region, and the country.”

Virginia Democratic U.S. Sens. Mark Warner and Tim Kaine said in a written statement they’re “deeply disappointed that despite the clear case that Virginia is the best home for the FBI, the Administration went a different direction.”

“We spent years appropriately criticizing the last Administration for politicizing the new FBI headquarters — only for a new Administration to come in and allow politics to taint the selection process,” Warner and Kaine said.

Virginia Democratic U.S. Rep. Gerry Connolly said in a written statement that he was not given a heads-up about the decision.

“In making this decision, GSA has shamelessly caved to political pressure, putting blatant politics over the merits and amending the weighting of long-established criteria to make this decision all but predictable,” Connolly wrote.

“While Virginia’s loss is also the FBI’s, GSA’s reputation for objective procurement free from politics has taken a mortal hit today from which it will struggle to recover for years into the future,” Connolly added.

Congress will still need to provide funding for construction, which is expected to take several years to complete.

The Federal Bureau of Investigation will be moving from its current headquarters on Pennsylvania Avenue in Washington, D.C. The J. Edgar Hoover building, which opened in 1974, puts the FBI between the White House and the U.S. Capitol on a street that presidents often walk down during their Inauguration parades.

Nearly two decades ago, in 2005, the FBI’s Asset Management Plan indicated the agency would soon need a new headquarters, given the building’s structural and space issues.

Plans progressed slowly during the latter years of the Obama administration, but the Trump administration tried to keep the FBI in its existing location with reports alleging former President Donald Trump didn’t want the site potentially sold to a rival hotel.

Plans to move the FBI headquarters to the suburbs outside of Washington, D.C. began moving forward again during the Biden administration.

The Maryland and Virginia delegations pitched their states to the GSA in March, a provision that was required in a government spending package.

The GSA considered five criteria in picking the new location, including FBI mission requirements, access to transportation, site development flexibility, sustainability and equity, and cost.

FBI mission requirements included the distance to the FBI Academy in Quantico, Virginia as well as the U.S. Department of Justice in downtown Washington, D.C.

The GSA weighted each of the categories, though it changed that criteria in July.

Proximity to the FBI mission-related locations moved from 35% to 25%, transportation access moved from 25% to 20%, site development flexibility stayed at 15%, sustainability and equity increased from 15% to 20% and cost increased from 10% to 20%.

Maryland officials react

The “Team Maryland” statement from congressional, state and county leaders said the failing infrastructure at the Hoover Building was no longer serving the FBI’s operational needs, “which has undermined our national security.”

“The once fabled building has crumbled before our eyes, with nets surrounding the facility for years to protect pedestrians from falling debris. Today’s decision by the General Services Administration (GSA) will ensure we fulfill the FBI’s dire, longstanding need for a new consolidated headquarters that meets the modern-day demands on the Bureau’s work to protect Americans and our nation,” the statement continued. “…We are committed to doing everything we can to ensure the FBI has the best possible headquarters in the quickest timeframe so that we can facilitate a smooth transition to Prince George’s County. We look forward to building a strong, productive partnership with the Bureau and its staff.”

Alsobrooks held a Zoom press briefing Wednesday night and praised Rep. Steny Hoyer (D-5th) as “a leader” in the long effort. The county executive also said equity played a major part in the GSA’s decision.

For the last 15 years, the county executive said the federal government invested $460 billion in Virginia compared to $120 billion in Prince George’s.

“There’s a huge difference between equity and diversity. Virginia was very confused,” she said. “[Virginia officials talked] about counting heads, how many Black or brown people live in a jurisdiction. When we talked about equity, we’re talking about the investments that were made, how many federal dollars were spent in one jurisdiction versus another.”

She continued: “We know that these investments do yield income and allow for job growth to happen,” Alsobrooks said. “What we were saying is that we wanted to be able to grow our county in our state, and to have this important job center come down to Prince George’s County.”

Del. Jazz Lewis (D-Prince George’s), who was part of Hoyer’s staff between 2014 and 2021, praised his former boss.

“A big congratulations to Congressman Steny Hoyer for quarterbacking this over three presidential administrations, multiple GSA leads and FBI leads at the top of their departments,” Lewis said. “This is the right message to send for equity in the region as far as the placement of facilities. I’m very happy it is landing in gorgeous Prince George’s.”

Greenbelt Mayor Emmett Jordan, who was top vote-getter in Tuesday night’s election, said the city represents the best location that includes being in walking distance of a Metro station.

“We have the capacity to accommodate the project, which would create jobs [and] provide a boost to our local economy and attract retail and commercial businesses to Prince George’s County,” he said. “We’re very excited to hear that the GSA and the FBI have finally made a decision.”

This article originally appeared in the Maryland Matters on November 10th, 2023.  

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POLICE REFORM COMES TO MARYLAND (PART II)

words by Charles Brooks 

Police reform in America is difficult because police unions, elected officials – Democrat and Republican – along with their largely white constituents seeks to maintain a racial order disguised as “law and order”. Opposition to police reform is seen in the public and political support for blue lives matter, and proposed anti-protest legislation across the nation that will clearly pit police officers on the front line against protesters deemed rioters.  We saw this during the seventies when the activist demand for community control over the police was met with the Law Enforcement Officers Bill of Rights or LEOBOR – such as the one passed by Maryland in 1974. Passed into law at a time when politicians and the police, together basked in the spectacle of “law and order” – which meant, get tough on Black folk.

Jonathan Hutto and Rodney Green outlines the activism against police brutality in Social Movements Against Racist Police Brutality and Department of Justice Intervention in Prince George’s County, Maryland.  They point to 2001 Washington Post data revealing between 1990 and 2000, Prince George’s police shot and killed more citizens per officer than any of the 50 largest city and county law enforcement agencies in the country - 84 % Black. Hutto and Green describes activism against police brutality in Prince Georges County, and the critical emergence of The People’s Coalition for Police Accountability (PCPA).  In 2001, PCPA pressured Maryland state legislators to introduce legislation to repeal LEOBOR in the General Assembly. But opposition from the police union, the Fraternal Order of Police (FOP) eventually killed the proposed repeal measure in committee. The struggle for police reform in Maryland continued relentlessly in the twenty years afterward.

Throughout the Maryland General Assembly’s recent three-month state legislative session, the opposition became clear as several state legislators – Democrats and Republicans, along with the FOP had their own ideas about what police reform should look like. Throughout the combative session, opposing state legislators prioritized protecting police interests over the interests of the community.

Maryland became the latest state to enact extensive police reform measures only after state legislators successfully overrode Governor Hogan’s veto.  In fact, the most contentious measures during the legislative session were in fact, vetoed by the Republican Governor; repeal of the Law Enforcement Officers Bill of Rights (LEOBOR), the new use of force standard and body cameras. He also vetoed measures to expand public access to records in police disciplinary cases and limit the use of no-knock warrants. 

The new police reform legislation creates a new unit in the attorney general's office to investigate police-involved deaths, prevents law enforcement agencies from buying surplus military equipment, and allows Baltimore City voters to self-determine whether Baltimore City or Maryland should have full control of the Baltimore City Police Department.

The new legislation also requires body cameras to be in use by July 2025; limits no-knock warrants to just between 8 am and 7 pm; a new statewide standard will now be in place outlining when officers can use force with criminal penalties of up to 10 years in prison. The use of force must now be “necessary and proportional to prevent an imminent threat of physical injury" or achieve “a legitimate law enforcement objective.”  Police officers will now be required to intervene thus criminalizing those officers who don’t.

There’s also Anton’s Law - that provides the public to finally gain access to records previously fought to keep confidential under the guise of protecting the police. The public will be able to request disciplinary records and internal affairs complaints made against the police. And despite heavy opposition from Maryland’s FOP, complaints determined to be unsubstantiated, will now be available for public review as well.

The new police reform legislation ensures different policing but also brings into view the road ahead for police reform.  For one, legislation to remove police officers from schools and reallocate funding for needed school resources such as social workers failed. Furthermore, LEOBOR fell short on the question of community control.  It’s the Trial boards who are empowered with the final determination on disciplining acts of police misconduct while the boards’ lone public representative is relegated to a spectator – no say in determining an officer’s guilt.   “While the General Assembly repealed the Law Enforcement Officers Bill of Rights (LEOBR), it failed to implement the most important element of police accountability – community oversight. Community oversight means that there is a community-controlled and operated entity that is external to the police department or state-imposed processes that has power to investigate, adjudicate, and impose discipline,” reads in part, a statement from the Maryland Coalition for Justice and Police Accountability (MCJPA). 

To truly transform policing in America, policing must include community control – where the community has a significant role in police matters, particularly around discipline.  Community control has been the demand made by Black activists since the sixties in response to the same police misconduct and brutality that often led to rebellious uprisings. The notion that the police can effectively investigate and discipline police defeats the very purpose of community control.  As the amplified voices of the community become more engaged with the entities of their communities – be it the police, education or healthcare - the path to self-determination, community control and a more inclusive participatory democracy becomes more visible and within reach.

See Part I of POLICE REFORM COMES TO MARYLAND

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Related Reading:

RETREATING FROM POLICE REFORM IN NYC

Are mandatory minimums the answer in Baltimore City

What really happened to Freddy Gray?

Additional Reading:

Social Movements Against Racist Police Brutality and Department of Justice Intervention in Prince George’s County, Maryland

List of articles on Black Community Control from The Black Agenda Report