People who serve time in California correctional facilities, whether they be adult or juvenile, often learn all the wrong lessons from their cellmates. It is not uncommon for people convicted of crimes to get out of jail and go on to commit more severe offenses. Of course, learning about new ways to break the law is not everyone’s lot; some people use the opportunity of confinement to learn from their mistakes and reinvent themselves.

Men and women who do time have a high likelihood of recidivism. It makes sense; people often break the law because they haven’t the resources to get ahead in life. Such individuals learn how to make some extra cash nefariously from their peers; they also learn how to comport themselves on the street—even using violence when necessary. Learned behaviors can have a lasting impact on young people’s lives, and they often lead to going in and out of jail over-and-over again. However, if juvenile inmates are provided with educational resources, they have an opportunity to break the cycle of incarceration.

In fact, 14 inmates at the Ventura Youth Correctional Facility in Camarillo are taking the opportunity to learn valuable skills that may keep them off the streets and into stable employment, USA Today reports. What’s more, the young people’s instruction is coming from an unlikely place, a group of inmates serving time at San Quentin.

Re-coding Life

A novel program, which pairs three prisoners at San Quentin who learned how to write computer code with young men and women at the Camarillo facility, could open doors previously thought shut. The 14 students are taught over Skype how to write JavaScript, HTML, and CSS, a couple of times per month, according to the article. If the program is a success, it will mean that the students have an opportunity of landing good jobs in the tech sector upon their release.

Chris Redlitz and Beverly Parenti created the Last Mile coding program, two people familiar with the tech industry, the article reports. Chuck Supple, director of the state Department of Corrections and Rehabilitation’s Division of Juvenile Justice, was impressed by the Last Mile and took steps to incorporate into the Ventura Youth Correctional Facility. The Ventura Youth Correctional Facility in Camarillo could soon accommodate 48 students and actions are underway to introduce the program at other youth detention centers.

Frankie Guzman, director of the California Youth Justice Initiative at the National Center for Youth Law, says that young people serving time are mostly taught skills for low-paying jobs. Educating young people in exciting fields can go a long way to reduce recidivism rates. According to Chuck Pattillo, general manager of the California Prison Industry Authority, inmates participating in joint venture programs, like the Last Mile, have a recidivism rate of 9 percent. Of the inmates not involved, 46 percent will return to prison after release.

“This is not welfare or charity or rewarding bad behavior,” said Guzman, an attorney. He adds that investing in these young people, “we are doing ourselves and our communities a favor.”

Orange County Juvenile Defense Attorney

If your son or daughter is facing criminal charges, it is critical that you partner with an experienced attorney competent in the workings of the juvenile legal system. Seeking the assistance of attorney Katie Walsh gives your child the most favorable odds for avoiding juvenile detention. Please contact our office to learn more about how we can advocate for your family.

The American Civil Liberties Union of Southern California, Northern California, San Diego, and the National Center for Youth Law are suing over the unfair practices used by the Riverside County Youth Accountability Team Program (YAT). According to the ACLU, YAT was created in 2001 to target at-risk youths for intervention. On the surface, such a program appears to be relatively benign; however, the tactics deployed treat adolescents who have not been convicted of crimes as criminals. The idea is that teens who seem to be on the edge of engaging in nefarious deeds can be scared straight.

The organization points out that programs like YAT do not have the intended effect on young people, and often do more harm to a child than good. The program is not a diversion; it is a facet of the Riverside County’s probation department. Youngsters who act up or have low marks in class are singled out and forced into six-month terms of probation. The ACLU contends that YAT is unconstitutional; kids who have committed no misdeeds are made to waive their First and Fourth Amendment rights, and subject to “invasive probation conditions.” Sarah Hinger, Staff Attorney, ACLU Racial Justice Program and Sylvia Torres-Guillén, Director of Education Equity, ACLU Foundations of California, write that:

“Children and their families are not provided with specific information about the offense they are accused of committing, the terms of YAT probation, the possible consequences of going to court, or advisement of their legal rights.”

Counseling, Instead of Probation

The ACLU states that YAT is the product of an outdated “incorrigibility” law; students are subject to prosecution for merely not complying with school faculty. Kids who may have learning disabilities or problems at home which impact their ability to do well in school are needlessly being funneled into the juvenile justice system. The organization says the practice disproportionately affects Black and Latino children throughout the county.

A report from the Annie E. Casey Foundation shows that youths are more responsive to positive incentives and supports than threats of punishment. Instead of putting guilt-free kids on probation, the ACLU would like to focus on supporting struggling children by way of counseling.

“The constitutional deficiencies of Riverside’s YAT Program are clear, and the program will continue to violate children’s rights until it is reformed. But reforming the program will not only protect their rights, it presents an opportunity to provide a model for bringing juvenile probation and diversion in line with contemporary research on adolescent development.”

Treating young people as criminals before they ever commit a crime increases the likelihood of problems developing down the road. There is already plenty of research to support diversion over detention for juveniles; so, it is not challenging to see how counseling would be more beneficial than probation for kids struggling in school. More times than not, the farther kids are from the juvenile justice system, the better!

Orange County Juvenile Criminal Defense Attorney

Please contact The Law Offices of Katie Walsh if your child is facing criminal charges or school expulsion. Attorney Walsh and her team of legal professionals can help you obtain the best possible outcome for your son or daughter.

In 2016, we covered the important topic of California Proposition 57 and its implications regarding juvenile law. Considering the fact that many young people do not fully understand the consequences of their actions, voters across the state approved the passing of Prop 57. The law takes the power of deciding which minors are tried in adult court out of the hands of prosecutors; instead, under the new legislation discretion is given to judges to determine in which court teenagers belong.

It was still unclear at the time of Proposition 57’s approval and signing into state law how it would affect minors who were already looking at standing trial in adult court. Would the new law be retroactive for the thousands of minors who were awaiting trial in adult court in November of 2016? A decision was reached regarding such individuals; on February 1, 2018, the California Supreme Court broadly expanded the scope of Prop. 57, according to U.S. News & World Report. The highest court in the state ruled that the law applies to pending cases at the time of the vote.

A Chance for Rehabilitation

The adult criminal justice system is a far cry from the juvenile court regarding punishment. Minors convicted of a crime in such cases can expect much stiffer sentences. The Supreme Court’s decision brings with it new hope for young people across the state. Please keep in mind that the law isn’t any guarantee that a juvenile will escape adult court, just that they are entitled to a special hearing to decide if the higher adult court is warranted.

“While a person convicted of serious crimes in adult court can be punished by a long prison sentence, juveniles are generally treated quite differently, with rehabilitation as the goal,” said Associate Justice Ming Chin, writing for the state Supreme Court. “The possibility of being treated as a juvenile in juvenile court — where rehabilitation is the goal — rather than being tried and sentenced as an adult can result in dramatically different and more lenient treatment.”

The Supreme Court also decided that Prop. 57 should even apply to youths appealing their convictions, according to the article. Beyond juvenile law, Proposition 57 allows adult felons the ability to try to obtain parole faster. California corrections officials have more discretion than before in regard to granting early release credits.

Juvenile Offense Attorney

At the Law Offices of Katie Walsh, we specialize in defending juvenile offenders in California. Please contact our office if your juvenile son or daughter is facing criminal charges. Having the right defense attorney in your corner can make a significant difference; we can help you achieve the best possible outcome for your child.

For a moment, we would like you to imagine a teenage girl who experienced a traumatic event. Rape. Imagine now that it was someone you knew or was close to you. What might you expect to be done about it? If you are in any way familiar with the criminal justice system, or have a penchant for TV crime dramas, some things probably come to mind. First move, alert the authorities.

After which, the victim must undergo the arduous task of reliving the event when giving a statement. Describing the offender (if they are unknown to the victim), in an effort to give authorities a chance of arresting the sex offender. You are also probably aware of the term “rape kit.” A victim is swabbed for the offenders bodily fluids in an attempt to gather DNA evidence. But, what then?

You might think that the rape kit would be tested and the reading then submitted to a database. Makes sense, right? Sex offenders often strike more than once and often times leave behind trace evidence. It may come as shock to learn that not all rape kits are tested. Even more shocking are the reasons why.

Testing Rape Kits

Every day in the United States, young men and women are sexually assaulted. Many of whom are still teenagers. There are procedures in place to help victims receive some justice. But, more times than not, offenders seemingly get away with their crimes. And in many cases, such offenders could have been stopped before they rape again. The reason why some offenders are able to rape, and then rape again is due to various law enforcement agencies failing to test rape kits, Los Angeles Daily News reports. The reasons why rape kits go untested could be due to:

• The case is solved or cleared.
• Officers may regard it as a low priority.
• The financial costs of testing can be upwards of $1500.

It is likely that the latter two reasons turned your stomach, more than a bit. To think that an alleged rape would be a low priority, or too costly to be tested. But, that seems to be the case. In fact there is evidence of at least 9,000 untested kits in California, according to the End the Backlog Initiative. A number that is sure to be much higher. Not testing rape kits can have unintended consequences years later.

One such case, involving Helena Lazaro, who was repeatedly raped at the age of 17, saw what happens first hand. At the time of the incident, she had a rape kit performed that she assumed would have been tested and logged. Years later when she identified her attacker, not only was the statute of limitation expired, it was revealed that her rape kit had never been tested by the Los Angeles County Sheriff’s Department. Lazaro’s story is not an isolated occurrence; there is evidence of this kind of thing happening across the country.

“I think about that 17-year-old girl, the 25-year-old girl, the 30-year-old woman – all the versions of myself who have suffered,” Lazaro says. “That suffering could have ended much sooner.

• Rape Kit Backlog Voluntary Tax Contribution Fund

In an attempt to direct financial resources to police and Sheriff’s Departments for rape kit testing, a bill was introduced that would allow an individual to designate on his or her tax return that a specified amount in excess of his or her tax liability be transferred to the Rape Kit Backlog Voluntary Tax Contribution Fund (AB-280). While the bill’s author, Democratic Assemblyman Evan Low, says this is “not the ideal nor perfect solution.” Adding:

“I am in agreement that we as a state and public jurisdictions should adequately fund this for justice to be obtained. But, that’s not the reality.”

Serving the Victim, Representing the Victim

Crime victims have many rights that they may not be aware of. Don’t get lost in the justice system. Attorney Katie Walsh is a victim’s rights attorney. If you have questions regarding your own case or that of one of your loved one’s, then contact Attorney Walsh.