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Advocates press bill to let trafficked minors sentenced as adults seek juvenile sentencing; domestic‑violence groups raise concerns
Summary
House Bill 441 would allow adult court judges to transfer sentencing of minors convicted as adults into juvenile court if clear and convincing evidence shows the minor was a victim of trafficking or abuse by the person they harmed; testimony highlighted trauma and rehabilitation benefits while some groups urged caution about scope and safeguards.
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The committee heard wide testimony on House Bill 441, which would permit an adult court judge, at sentencing, to send a defendant who was tried or convicted as an adult back to juvenile court for disposition if the defendant proves by clear and convincing evidence that they were the victim of trafficking or abuse by the person they harmed.
Sponsor Delegate Brooke Lierman Simpson (presenting HB 441) framed the measure as a remedy for children who were trafficked or otherwise abused and later charged as adults for acts related to their victimization. Simpson and multiple witnesses stressed the difference between criminal culpability and trauma‑driven survival behaviors.
Emily Virgen, director of advocacy and government relations at Human Rights for Kids, said the bill ‘‘allows but does not mandate’’ transfer and emphasized that grooming, traumatic bonding and developmental immaturity can leave trafficked youth unable to conform their conduct to self‑defense standards that require imminent threat. She urged a favorable report.
Survivors and providers — including Sheena Dumay of PAC (formerly ECPAT USA) and Abigail Segua, a lived‑experience witness — described long‑term harms from adult sentences and urged trauma‑informed rehabilitation. Robin Salter, regional youth director for the Office of the Public Defender, described how youth exposed to trafficking often lack safe exit options and recommended juvenile rehabilitation instead of adult incarceration.
Some organizations raised cautions. The Maryland Network Against Domestic Violence submitted written opposition, and committee members asked whether a limited time window (previously discussed as three months) should govern eligibility. Sponsor Simpson said she was open to amendments and described the three‑month provision as a prior compromise; she emphasized the bill’s goal is to ensure juveniles who reveal their victimization later in proceedings can obtain appropriate juvenile sentencing.
Several criminal‑justice reform advocates asked that the bill be strengthened to require trauma‑informed services and to broaden transfer access; other speakers, including faith groups and county advocates, supported a favorable report. No committee vote was recorded at the hearing.
— Ending: The panel concluded HB 441 testimony after multiple supporters, survivor advocates and public‑defense witnesses described the bill as a tool to prioritize rehabilitation for trafficked youth; the committee moved on to the next bill without taking a recorded vote.

