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.

At The Law Offices of Katie Walsh, we hope that everyone had a peaceful holiday season, and we would like to wish you a happy New Year. We felt it prudent to use the first post of 2020 to discuss some of the new legislation that went into effect this year, particularly laws that impact school children.

There are many new California school laws to talk about; 12 in fact, and we will do our best to give you a summary of the changes in 2020. Naturally, we cannot cover each new law in great detail in one post; instead, we will focus on some of the most salient.

From legislation regarding willful defiance suspensions to an overhaul of the state’s charter school system, Governor Gavin Newsom signed some important laws last year that will affect millions of young people across the Golden State.

As CalMatters reports, the most significant set of changes involve Charter Schools: a school category that receives government funding but doesn’t operate within the established state school system. Such schools are typically established by teachers, parents, or community groups.

Three new laws – Assembly Bill 1505, Assembly Bill 1507, and Senate Bill 126 – deal specifically with California charter schools. Teachers at charter schools are now required to hold a state teaching credential, the Times of San Diego reports. Local school boards also have more significant discretion in approving or denying charter schools. What’s more, charters must follow the same open-meeting laws as school districts.

Willful Defiance Suspensions, Domestic Violence, and Sexual Harassment

We have covered Senate Bill 419: Pupil discipline: suspensions: willful defiance on multiple occasions. As we pointed out, Senator Nancy Skinner’s SB 419 would have banned out-of-school suspensions for “defiant and disruptive behavior” for grades K-12.

The final version of the bill, signed by Gov. Newsom in September, permanently bans California public schools from suspending students K-5 for willful defiance. The bill also includes a five-year temporary provision extending the ban to include students in sixth through eighth grade.

Studies indicate that willful defiance school suspensions and expulsions disproportionately impact black, LGBTQ, and disabled students. Sen. Skinner said:

“When you look at the data on who is suspended, you can’t help but see the stark reality. Boys of color, kids in special education, LGBTQ kids — kids who don’t fit all of our cultural norms — are targeted due to the implicit bias that we know is present in every institution we have.”

In October, SB 316 goes into effect; the law requires that high schools print the phone number for the national domestic violence hotline or a local domestic violence hotline on pupil identification cards. Assembly Bill 543 requires public high schools to “prominently and conspicuously display” a poster of a district’s sexual harassment policy in every high school restroom and locker room, according to the article. The sign must also include steps for reporting sexual harassment accusations.

Orange County Juvenile Defense and School Expulsion Attorney

If your son or daughter is facing expulsion in California, then it is vital for you to reach out for a qualified attorney who can advocate for your family. Navigating the school expulsion process is a daunting task; having an experienced defense attorney could lead to alternatives to expulsion.

Attorney Katie Walsh understands what you are going through and will work tirelessly to safeguard your child’s rights. Please contact The Law Offices of Katie Walsh today for a free consultation. (714) 351-0178.

While it might be hard for some people to fathom elementary school students being suspended for not cooperating in class, it’s a common occurrence in California. Each year, thousands of kids are removed from the classroom for what is known as disruption and willful defiance. We have written about this subject on numerous occasions.

On this blog, we have also covered some of the potential consequences of class removals at a young age. Whenever a student isn’t in class, they are at significant risk of getting into more trouble. The school-to-prison pipeline starts with suspension and expulsion.

In recent years, several lawmakers have worked tirelessly to enact laws that would protect young and vulnerable students. Statistics show that minorities and youths with disabilities are suspended and expelled at far higher rates than their white peers.

The ultimate goal is to ban school suspensions for “defiant and disruptive behavior” in grades K-12. However, the effort has been met with significant pushback, forcing lawmakers to amend their legislative proposals to cater to the wishes of the opposition.

One bill that we have discussed frequently is Senate Bill 419. It is already against the law to suspend K-3 students for defiant and disruptive behavior; SB 419 would expand on that to include grades 4 through 8.

Governor Newsom Signs Senate Bill 419

On Monday, Governor Gavin Newsom signed into law Senate Bill 419, The Sacramento Bee reports. Effective July 1, 2020, SB 419 ends the practice of willful defiance suspensions in grades four and five. The same is true in grades six through eight but only for a five-year provisional period.

The author of the bill, Sen. Nancy Skinner, D-Berkeley, said that SB 419 would “keep kids in school where they belong and where teachers and counselors can help them thrive.” She added that the bill “may be one of the best ways to disrupt the school-to-prison pipeline.”

Naturally, the signing of SB 419 was lauded by civil rights activists, including Dolores Huerta. The labor leader, civil rights activist, and awardee of the United States Presidential Eleanor Roosevelt Award for Human Rights and the Presidential Medal of Freedom said:

“I strongly believe that SB 419 will bring justice to California youth by eliminating suspensions for disruption and defiance, putting an end to discriminatory discipline policies and instituting restorative justice practices.”

Please take a moment to watch a short video on the subject here.

California School Discipline Attorney

Please reach out to The Law Offices of Katie Walsh for a free consultation if your child is facing expulsion from school. Attorney Walsh has extensive experience in these matters and can negotiate with your child’s school district. Mrs. Walsh can also represent your family at the school expulsion hearing. She will advocate for your child and fight for alternatives to expulsion.

California Governor Gavin Newsom has big plans for the state’s Division of Juvenile Justice. Earlier this year, we shared that Gov. Newsom is proposing transferring control of the division away from the Department of Corrections and Rehabilitation. Soon, the California Health and Human Services Agency might be overseeing California’s young offenders.

The move is part of more than ten years of placing a greater emphasis on restorative justice. Experts tend to agree that when young people are given specific tools and support, they are more likely to change their ways. Research shows that punitive actions against young offenders, including detention, fuels a vicious cycle of recidivism.

On this blog, we make a sincere effort to apprise readers about novel approaches to the handling of juvenile justice. Research indicates that the majority of young individuals who find themselves suspended, expelled, or in trouble with the law, face enormous obstacles at home.

Many inmates in juvenile detention centers struggle with psychological or behavioral health issues. The goal is to put a stop to the school-to-prison pipeline in California and to get young people the assistance they require to succeed.

A new budget-related bill designates the proposed new agency the Department of Youth and Community Restoration, The Los Angeles Times reports. While the plan makes sense in theory, California probation chiefs have some significant concerns.

Chief Probation Officers Worry Over Reorganization

The plan to shift juvenile justice to the CHHS includes setting up a separate administrative office, according to the article. It also calls for a new training institute for officers and an internal oversight division.

It’s come to light that those spearheading the shake-up never consulted with probation officials. Probation chiefs argue that they should be playing a more significant role in the proposed move. They also fear that the CHHS might struggle to provide adequate oversight or services, such as addiction treatment and life skills classes.

“It has taken decades to open lines of communication [with the California Department of Corrections and Rehabilitation]. Until we know what will be accompanying [the governor’s proposal], a change in address doesn’t really always make a difference,” said Karen Pank, the executive director of Chief Probation Officers of California.

The Legislative Analyst’s Office states that the administration has not offered enough information about the proposal, the article outlines. A recent report from the LAO indicates that it is unclear if the transition will increase access to rehabilitation programs for youth offenders.

The nonpartisan government agency, which provides fiscal and policy advice to the California Legislature, suggests that reorganization might result in higher costs for the state. Moreover, the transition could mean that some young people are subject to a disruption in vital services.

Orange County Juvenile Defense Attorney

Parents of children, who are facing legal difficulties, can benefit from seeking the assistance of an experienced juvenile criminal attorney. Attorney Katie Walsh’s legal experience in juvenile law makes her uniquely equipped to advocate for your family and help secure a favorable outcome.

Please contact The Law Offices of Katie Walsh today for a free consultation. (714) 351-0178

Published research tells us that the brains of young people are not fully developed. Meaning, partially, youths are at risk of making life-changing decisions without fully grasping what can result. Many criminal and juvenile justice advocates claim that the current method of handling teenagers who break the law is woefully inappropriate. Moreover, many voters in California tend to agree.

In recent years, spanning back to the early 2000s, juvenile justice in the Golden State has been undergoing several shake-ups. Laws have been passed to shift away from punitive measures and embrace rehabilitation for most infractions. Just over a decade ago there were 11 state-run juvenile justice detention facilities; today, there are only four centers housing only young people with the most severe charges, the Los Angeles Times reports. All other youth offenders are either on probation or housed in county juvenile halls.

In 2017, then Governor Jerry Brown signed Proposition 57 which, among other things, prohibits prosecutors from charging youths in adult court without a judge’s consent. What’s more, Brown signed legislation to lighten punishments; the goal is to get young people off a path to adult prison. In 2019, with a new Governor at the helm of California legislation, more juvenile justice reforms are on the horizon.

HHS Could Take Control of California’s Juvenile Justice Division

Health and human services providers could soon take over control of overseeing California’s nearly 700 young offenders, if Governor Gavin Newsom’s plan comes to fruition, according to the article. These juveniles and young adults have remarkable legal records; and, many of them contend with severe mental and medical health needs. The majority of the more than 660 offenders are confined to detention camps in Pine Grove, Stockton, and Camarillo.

“This is about setting a new mark,” said Gov. Newsom. “We are committed about ending the juvenile justice system as we know it once and for all.”

Under the proposed plan, the California Health and Human Services Agency (HHS) are tasked with better preparing young people for release through a combination of educational, mental health, and social services, the article reports. With Legislature approval, Gov. Newsom hopes to make the handover from corrections officials to the HHS as early as July. The move to HHS from the Department of Corrections and Rehabilitation would put California closer in line with most others states.

California is currently one of the ten states whose juvenile justice division falls under a state corrections agency; 40 states operate like what Gov. Newsom is proposing. California Surgeon General Dr. Nadine Burke Harris says the new model will help address early childhood trauma and prevent young people from having run-ins with the law.

“Really looking at what we can do for our young folks who are most vulnerable is really critical,” said Dr. Harris.

Orange County Juvenile Defense Attorney

At the Law Offices of Katie Walsh, we will continue to follow this story as it develops in the coming months. Juvenile defense attorney Katie Walsh is committed to helping young people, and their loved ones overcome legal trouble. Please contact us today to learn more about how Attorney Walsh can advocate for your family.