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HB 940

Criminal Procedure - Probation Before Judgment - Defendants Diagnosed With Autism or Intellectual Disabilities

2025 Regular Session Introduced by Michele Guyton and 7 co-sponsors

HB 940 expands Maryland's probation-before-judgment option to defendants diagnosed with autism or intellectual disabilities, potentially diverting them from criminal prosecution to supervised probation.

Hearing 2/18 at 11:00 a.m.
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Bill Summary · HB 940

Legislative bill overview

HB 940 would expand Maryland's "Probation Before Judgment" (PBJ) option to include defendants diagnosed with autism spectrum disorder or intellectual disabilities. Currently, PBJ allows judges to defer prosecution and dismiss charges if conditions are met, but this bill would make it explicitly available to this population, potentially as an alternative to traditional criminal prosecution.

Why is this important

Defendants with autism or intellectual disabilities often struggle within the traditional criminal justice system due to communication barriers, difficulty understanding legal proceedings, and heightened vulnerability during interrogation. This bill recognizes these challenges and could redirect eligible defendants toward rehabilitative probation rather than incarceration, reducing recidivism and creating better outcomes for individuals with neurodevelopmental conditions.

Potential points of contention

  • Victim and public safety concerns: Opponents may argue that expanding PBJ options could inadequately protect victims or the public if serious crimes are involved, and whether disability diagnoses should reduce accountability for criminal conduct
  • Judicial discretion vs. mandated availability: Questions about whether courts should have flexibility in applying PBJ to this group or whether it creates an entitlement that limits judges' case-by-case decision-making
  • Diagnostic accuracy and system burden: Concerns about how autism/intellectual disability diagnoses will be verified, potential for fraudulent claims, and whether courts have resources to properly assess and monitor defendants under expanded PBJ eligibility

Compiled from official sources — confirm details with the bill’s official record.

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