With the adjournment of the annual state legislative session, we thought we’d share with you some of the bills that made it to the governor’s desk. We would also like to focus on a significant change to juvenile justice in California.

Even though state lawmakers had to contend with conflicts relating to COVID-19, some interesting pieces of legislation made it to Governor Gavin Newsom. Such bills include but are not limited to legislation that would shorten probation terms (Assembly Bill-1950), enable parolees to earn a quicker end to supervision (Assembly Bill-2342), and create a state-level re-entry commission (Senate Bill-369).

In May, Governor Newsom proposed closing the Division of Juvenile Justice (DJJ) and all its remaining state facilities in favor of local alternatives as part of the 2020-21 state budget. The announcement was met with sharp criticism; however, it looks like the novel plan may come to fruition.

State lawmakers were able to get a trailer bill, AB-1868: Juvenile Justice Realignment, to Newsom’s office in the session’s final hours. An agreement was struck laying the groundwork for a new kind of juvenile justice, one that shifts the focus away from incarceration in favor of rehabilitation.

The Office of Youth and Community Restoration

In the place of the DJJ, the new Office of Youth and Community Restoration, a part of the state’s Health and Human Services Agency, will “have critical responsibilities to oversee county juvenile justice systems, administer funding, and ensure local policies and practices reflect the state’s priorities for children and families.” Grants will be given to counties to provide custody and supervision.

“That kind of systemic transformation is exactly what I think we’re learning needs to happen in this time when you’ve seen much tumult around how the criminal justice system operates and whether it’s fair and equitable particularly as it relates to the treatment of kids of color,” said Chet Hewitt, of the reform group California Alliance for Youth & Community Justice.

There are currently four DJJ facilities that house about 775 youths, according to The Imprint. The majority are at three youth prisons, and 70 are at the Amador County fire camp, which trains youths in firefighting. Beginning next July, the state will no longer accept most youth offenders. The agreement made with the governor’s office also raises the age to 25 for some youth to remain in the juvenile justice system.

Next year, local governments will be tasked with detaining youth offenders in county detention centers. Those currently serving time in state-run juvenile detention centers will remain in state custody until their time is served or they reach age 25. The Amador fire camp will continue training youths under the new system.

Orange County Juvenile Defense Attorney

Please contact the Law Office of Katie Walsh if your son or daughter faces legal difficulties or school expulsion. Attorney Walsh has significant expertise in these matters and can advocate for your family. You can reach us at (714) 351-0178 for a free consultation.

Our thoughts and prayers go out to everyone affected by the many forest fires raging across the state. We hope that everyone finds themselves safe.

In the age of the Internet, the topic of electronic privacy comes up regularly in legal discussions. Smartphones are ubiquitous in today’s world; most adolescents and adults have one at all times. In recent years, legal experts have been debating the electronic privacy for criminal offenders. The question is whether or not the attorneys general and prosecutors can impose warrantless device searches?

Last month, California’s First District Court of Appeals blocked the attorney general’s attempt to impose a warrantless device search on a teenage girl convicted of felony assault, The Recorder reports. However, the justices did not weigh in on the constitutionality of such measures when reading their decision.

When Amber K. was asked to hand over her electronic devices to ensure she is complying with all the terms of her probation, her attorney fought back. The State’s goal was to ascertain if Amber was digitally communicating with the girl she assaulted. Her attorney contended that the probation condition was unconstitutional.

State prosecutors argued that they had cause for searching her devices because the crime was filmed and disseminated on social media. The court ruled that the Attorney General’s Office request for electronic searches did not meet the standard created by the 1975 People v. Lent decision, requiring probation conditions to relate to the crime at hand, criminal behavior, and future criminality.

Since there isn’t any evidence that Amber K. arranged for the fight to be filmed or shared on social media, the probation condition fell short of the People v. Lent standard. Associate Justice Marla Miller wrote:

“We agree with Amber that the record does not show a relationship between her use of electronic devices and the offending conduct sufficient to justify the electronic search condition under the first prong of Lent. “Although the record suggests that the assault resulted from hostility between Amber and B. [the victim] that had played out in part over social media, we are not persuaded by the attorney general’s contention that ‘substantial evidence in the record connects appellant’s use of electronic devices and social media to the assault.'”

Spending on California’s Youth Correctional System

There is an update on the transfer of control of California’s Juvenile Justice Division to the Health and Human Services Agency (HHS). In January of 2019, we wrote about a novel proposal from the Office of Governor.

Since many teens in juvenile detention centers have mental and behavioral health disorders, Governor Gavin Newsom believed the HHS is better suited for preparing young people for release through a combination of educational, mental health, and social services.

While the move puts California in line with 40 other states, the transition will be costly, according to the Center on Juvenile and Criminal Justice. Reorganization of California’s Youth Correctional System will lead to a dramatic rise in spending on the Division of Juvenile Justice (DJJ).

A new facts sheet shows that the Governor’s office proposes a DJJ budget of nearly $300 million, costing approximately $336,000 per youth during the 2020-21 fiscal year. The DJJ budget would rise by almost $100 million. The report shows that counties pay just 7 percent of the actual cost of DJJ, with the remainder falling on the state.

Some of the funding will go towards DJJ staff increases, according to the article. There will be more than 1,400 hundred DJJ workforce positions for the fiscal year 2020-21, a 31 percent increase over 2018-19.

Orange County Juvenile Defense Attorney

Please contact The Law Offices Of Katie Walsh if your child is facing legal problems. Attorney Walsh has an extensive amount of experience working in the California juvenile justice system. She is fully equipped to advocate for your family and help you achieve a favorable outcome for your son or daughter.

The new year brought a new California governor, Gavin Newsom, and with him a plan to move the Division of Juvenile Justice to the state’s Health and Human Services Agency. Transitioning juvenile justice away from the corrections departments may result in significant changes for the better, but only time will tell. This Governor’s announcement came just before the release of a report highlighting severe issues at the four juvenile detention state facilities.

Data from the Division of Juvenile Justice et al. indicates that the state’s 650 incarcerated youths are 20 times more likely to have experienced use of force by staffers, compared to adult prisoners, Mother Jones reports. Moreover, over the last three-years, beatings have increased dramatically, juvenile detention staffers have become more aggressive, and attempted suicides are on the rise.

Up until February 2016, the California juvenile justice system seemed to be doing relatively well in regard to its handling of youth offenders. The reason being is that a 2003 lawsuit settlement led to a court-appointed special master who monitored the division to ensure the DJJ was treating youth detainees humanely, offering adequate medical care, and providing rehabilitative programs. More than ten years of oversight led a state court judge to rule that the agency was compliant and the special master no longer necessary. In three short years, a lot appears to have changed.

Use of Force Jumps Three-Fold

The alarming report indicates that youths housed in juvenile detention facilities were 49 percent more likely to be assaulted, compared to the special masters final year of oversight, according to the article. Researchers found that nearly a third of detainees have experienced a violent incident each month; and, youths involved in riots rose 13 percent in the year following the end of court monitoring.

Almost all young offenders interviewed for the report shared having witnessed or being subject to guard on inmate violence personally. DJJ use of force tripled in the year following the end of court monitoring. The analysis from the inspector general found that 45 percent of such incidents, including the use of pepper spray, were out of compliance with the agency’s policies.

State facilities saw three attempted suicides between August 2015 to July 2016. In the year following the end of the special master’s monitoring, there were ten attempted suicides. Youths interviewed for the report stated too often their medical needs were not taken seriously, and they were subject to long waits to receive care. In response to the startling findings, Ike Dodson, a DJJ spokesman, said in a statement to Mother Jones:

“While we acknowledge that the Division of Juvenile Justice (DJJ) works with some of California’s most challenged youth, DJJ has been on the frontline of reforming the way juveniles serve their time through education, programs, effective treatment and mental health services.”

We will continue to follow what comes of this report, but it seems likely some reforms will be on the horizon.

Orange County Juvenile Defense Attorney

Juvenile defense attorney Katie Walsh goes to significant lengths to ensure each of her client’s cases stands out from the others. Aided by her previous experience as a juvenile prosecutor, she is uniquely equipped to advocate for families whose children are facing legal difficulties. Please contact us today to learn how we can help you obtain the best possible outcomes.

It is probably not hard for most people to understand why youth in juvenile detention facilities usually do better in the long run than young people serving time in prison. Once a person is caught up in the adult criminal justice system, the likelihood of recidivism is exceedingly high. With that in mind and citing research, California Governor Jerry Brown is asking for $3.8 million in his final budget proposal to fund allowing youth offenders longer stays in juvenile justice facilities, The Sacramento Bee reports. The plan underwent review by the Senate Budget Subcommittee on Corrections, Public Safety and the Judiciary during a hearing on March 22, 2018.

As it stands right now, juvenile offenders in California can remain in Division of Juvenile Justice (DJJ) facilities until their 23rd birthday, according to the report. If a person’s sentence hasn’t come to an end by that time, the remainder is to be served in an adult correctional facility. Brown’s budget proposal, among other things, aims to lengthen stay caps in DJJ housing facilities. So, let’s take a look at what the proposal would mean for young people in the juvenile justice system if approved.

Rehabilitation, Not Recidivism

First, a California Department of Corrections & Rehabilitation (CDCR) report shows that 74.2 percent of youth released from a DJJ facility in 2011-12 were re-arrested within three years; even still, DJJ inmates had lower recidivism rates than youth prison inmates. More funding would cover the cost of keep youth offenders in DDJ housing until 25, mitigating the risk of a young person being transferred to adult correctional facilities, the article reports. The money would allow for juveniles, convicted in adult court, to serve their time in DJJ facilities if they can complete their sentence by their 25th birthday.

Lastly, Brown’s budget proposal would cover the cost of creating a young adult offender pilot program. The CDCR would be able to place 76 less dangerous youth offenders in two unique juvenile housing centers, rather than prison. The Legislative Analyst’s Office (LAO) projects juvenile detention is far more costly than adult prison, $80,000 versus $30,000 each year. Two years from now, the 2020 budget proposal would require $9.2 million annually to cover the costs of extended stays in juvenile detention. It is worth noting that it may cost more to fund longer stays up front, but it will save money over time, according to the LAO.

Frankie Guzman, director of the National Center for Youth Law’s California Youth Justice Initiative, supports Brown’s proposal; but, believes that community-based programs, instead of DDJ housing for less serious offenders, would be even more useful. Please take a moment to watch a short video on the subject here.

Juvenile Offense Attorney

At the Law Offices of Katie Walsh, we specialize in juvenile law. If your son or daughter is facing criminal charges, Attorney Walsh can assist you and your family in many ways. Please contact our office for a free consultation.