On numerous occasions, we have covered Senate Bill 190: Ending Juvenile Administrative Fees (SB-190), a piece of legislation that abolished entire categories of monetary sanctions in the juvenile legal system and a subset of fees for young people in the adult legal system. Signed into law by former Governor Jerry Brown in 2017, the landmark law went into effect on January 1, 2018.

SB-190 has several facets that are meant to take some of the financial burden off young people who are in legal trouble and their families. The bipartisan legislation prohibits California counties from charging fees to parents and guardians for their child’s:

• Detention
• Representation by Counsel
• Electronic Monitoring
• Probation Supervision
• Drug Testing

The bill also removed each county’s authority to charge young people, ages 18–21, in the adult system for home detention, electronic monitoring, and drug testing. Senators Holly J. Mitchell and Ricardo Lara wrote SB 190 to:

“eliminate a source of financial harm to some of the state’s most vulnerable families, support the reentry of youth back into their homes and communities, and reduce the likelihood that youth will recidivate.”

Failure to Comply with SB-190

The Berkeley Law Policy Advocacy Clinic conducted a study on behalf of the Western Center on Law & Poverty to give a status report on the implementation of SB-190, according to The Crime Report. Study co-authors Stephanie Campos-Bui and Jess Bartholow identified 22 counties in violation of law by continuing to charge fees, demand past fees, and bill families through the child support system.

While the revelation is concerning, the status report did have some positive findings. SB-190 did not waive previously assessed fees; however, the authors write that “36 counties voluntarily discharged or stopped collecting them, relieving hundreds of thousands of families of more than $237 million.”

The report indicates that the bill provided California families with hundreds of millions of dollars in relief. Before SB-190 went into effect, “families with youth in the juvenile legal system had more than $374 million in outstanding fee assessments.”

Researchers identified the worst offenders still pursuing legal fees from families with youths in the juvenile legal system. The five counties failing to comply the most are:

• San Diego
• Orange
• Riverside
• Tulare
• Stanislaus

The study authors recommend that counties stop assessing all SB 190-prohibited fees through child support orders and to young people ages 18–21 in criminal court; counties should voluntarily stop collecting and discharge all previously assessed SB; counties should notify young people and families of all SB 190 fee relief and update all SB 190-related internal- and external-facing fee materials.

On the state level, The Berkeley Law Policy Advocacy Clinic recommends that the California Department of Social Services require local child support agencies to comply with SB 190. They add that the California Legislature and Governor should enact new legislation that waives all previously assessed fees.

California Juvenile Law Attorney

Attorney Katie Walsh has extensive experience in the juvenile legal system and previously worked as a prosecutor; she is in a unique position to advocate for your family and help your child achieve the best possible outcome in his or her case. Please contact The Law Offices of Katie Walsh today for a free consultation.

Keeping kids in the classroom is key to ensuring that students perform well academically. Students who act out in class risk suspension or worse, expulsion. Young people can have behavioral problems in school for a myriad of reasons, issues at home or mental health conditions are two of the more common causes. However, there is some evidence suggesting that sleep deprivation could be playing a role in teenage behavior.

Researchers Kevin Bastian and Sarah Fuller of the University of North Carolina at Chapel Hill analyzed data from more than 400 North Carolina high schools, according to Education Dive. They determined that students who start classes later in the morning were less likely to be suspended. Starting class at 8:30 a.m. or later was also linked to higher overall GPAs among students.

The findings noted above are interesting and have given several lawmakers across the country food for thought, especially in California. In recent years, there have been several attempts to push back school start times to allow young people more sleep.

Even though there is a growing body of evidence showing the benefits of such a move, former Gov. Jerry Brown vetoed a bill that would have had middle and high schoolers start class at 8:30 a.m. However, California Gov. Gavin Newsom has a decidedly different stance on the subject.

SB 328 Pupil Attendance: School Start Time

This month, Gov. Newsom signed Senate Bill 328 into law, making it so that most middle schools and high schools will start class later, The Los Angeles Times reports. The change will be phased in and should be fully implemented by the beginning of the 2022-23 school year.

SB 328 is controversial; many school officials and some lawmakers oppose the move to start class later, according to the article. Concerns have been raised that the change could affect bus routes and prevent parents from dropping their kids off at school before work. The California Teachers Association called Newsom’s signing of the bill “unfortunate.”

Gov. Newsom defended his support for the bill by pointing to the available science. Studies correlate more sleep from later start times with better academic performance and better health. For those reasons, SB 328 has the support of the American Academy of Pediatrics, the California Medical Association, and the California State Parent Teacher Association.

An impetus for the bill was a 2014 opinion from the American Academy of Pediatrics stating that middle and high schools shouldn’t begin class until 8:30 a.m. California is the first state in the nation to pass legislation mandating later start times

“Today, Gov. Newsom displayed a heartwarming and discerning understanding of the importance of objective research and exercised strong leadership as he put our children’s health and welfare ahead of institutional bureaucracy resistant to change,” said Sen. Anthony Portantino, who authored the legislation. “Generations of children will come to appreciate this historic day and our governor for taking bold action. Our children face a public health crisis. Shifting to a later start time will improve academic performance and save lives because it helps our children be healthier.” Please take a moment to watch a short video on the subject:

California School Expulsion Attorney

If your son or daughter is having difficulty in school and is facing school expulsion, then you must seek the assistance of an experienced juvenile defense lawyer. At the Law Offices of Katie Walsh, we can advocate for your family and safeguard your child’s rights.

Attorney Walsh can help you navigate the school expulsion hearing process and may be able to negotiate alternatives to expulsion. Please contact our office today for a free consultation.

Senate Bill 1391 is in the news once again, which probably won’t come as a surprise to our readers. The law raised the age that juvenile offenders can be tried as adults from 14 to 16. We’ve been covering this legislation since last year, when former Governor Jerry Brown signed SB 1391 into law.

The bill may not mean much to most Californians, but to young offenders and their families it is monumental. As we’ve written previously, several counties have challenged the enactment of the new law. Opponents argue that it undermines Proposition 57. Approved in 2016, Prop 57 gave judges the power to decide whether juveniles as young as 14 should be tried as adults, instead of prosecutors.

This summer, the First District Court of Appeal in San Francisco rejected Solano County’s challenge to SB 1391. The final resolution will likely come about in the California Supreme Court in the near future. In the meantime, the law is still in play. Meaning, some young offenders are now looking at far lighter sentences than they would have last year.

From 65 Years to Six

Last year, two teenagers ages 14 and 15 were both looking at a 65-years-to-life sentence for an armed robbery. Thanks to SB 1391, Elijah Hall and Anthony Torres, then ages 14 and 15, are looking at six years, being eligible for parole at age 25, according to The Desert Sun. They were arrested in 2015 and sentenced to life for a spree of armed robberies.

They are both adults now and are serving their respective sentences, but the new juvenile sentencing law could mean that they will regain freedom much sooner.

One primary opponent of the SB 1391 is the judge who ruled on September 9th that the two men would be resentenced in juvenile court. Riverside County Superior Court Judge Russell Moore included an argument in his ruling that says the new law is unconstitutional, the article reports. He contends that lawmakers did not fully appreciate the impact of the new juvenile justice law and that it undermines the will of voters who approved Prop 57. Moore writes, “the Legislature unconstitutionally pulled the rug out from the voters.”

“SB 1391 now means that juveniles 16 and older can conceivably be prosecuted in adult court for felony joyriding,” he wrote in the ruling, “while those under 16 may not be prosecuted in adult court for rape, robbery, kidnapping, and murder.”

Two weeks ago, at the Indio Juvenile Courthouse, Judge Elizabeth Tucker ruled Hall and Torres will be resentenced to time in California’s Division of Juvenile Justice rather than the state’s prison system, according to the article. Her decision is per the new juvenile sentencing law.

Time will tell how the Supreme Court decides on this controversial bill. Inmates like Tucker and Hall may not walk out of the woods yet. We will continue to follow this remarkable story as it develops.

Orange County Juvenile Justice Attorney

If your son or daughter is facing criminal charges or school expulsion, then please contact The Law Offices of Katie Walsh. With experience as a prosecutor and defense lawyer, attorney Walsh has a unique understanding of the juvenile justice system. She has the experience and know-how to advocate for your family successfully. We invite you to reach out today for a free consultation. (714) 351-0178.

Last year, we took time to cover a controversial piece of legislation relevant to Californians—Senate Bill 1391. The multifaceted bill is meant to shift the focus away from incarceration and to reduce overcrowding in the criminal justice system. Moreover, SB 1391 addresses the “cradle to prison pipeline:” Opponents of the measure claim that it puts the needs of criminals over public safety.

As we reported, Governor Brown signed SB 1391 in the twilight of his gubernatorial tenure. In justifying the decision to endorse the bill, Governor Brown wrote: “There is a fundamental principle at stake here: whether we want a society which at least attempts to reform the youngest offenders before consigning them to adult prisons where their likelihood of becoming a lifelong criminal is so much higher.”

The controversial bill expands on the mandate of another piece of legislation, Proposition 57, passed in 2016. Under SB 1391 a district attorney can no longer make a motion to “transfer a minor from juvenile court to a court of criminal jurisdiction in a case in which a minor is alleged to have committed a specified serious offense when he or she was 14 or 15 years of age.”

SB 1391 Under Fire

Despite the passing and signing of SB 1391, opponents continue to attack the bill, including local prosecutors. They argue that the legislation conflicts with what the voters approved when they decided to support Prop 57.

“Our position then, as now, is that 1391 is unconstitutional but (the legislature) passed it regardless,” said Yolo County District Attorney Jeff Reisig.

Even though prosecutors across the state continue to voice opposition to SB 1391’s mandate, more than 100 legal scholars from California universities signed a February white paper calling for SB 1391 to be upheld, according to The Sacramento Bee. The law experts hail from the University of Pacific McGeorge School of Law in Sacramento, University of California, San Francisco’s Hastings College of the Law, and Stanford and UC Berkeley’s law schools. In the letter, the scholars assert that “opponents of S.B. 1391 mischaracterize the law to manufacture a controversy that does not really exist.”

“I support reform. I’m OK with the science that juveniles’ brains aren’t fully formed and that they shouldn’t necessarily be sent to prison,” said Reisig. “But when you look at terrible, violent offenses – if somebody 15 years old can be released at 25, it makes no sense to me from the standpoint of public safety.”

Since January 1, 2019, Sacramento judges have had to consider at least four SB 1391 cases, according to the article. The same is true for judges in Kern, Riverside, Solano, and Yolo counties. The juvenile justice argument surrounding SB 1391 is sure to continue even as lawmakers propose even more reforms.

Assemblywoman Buffy Wicks, D-Oakland is proposing AB 1423. The bill, if passed, would allow minors whose felony cases were tried in adult court, then reduced to misdemeanors or dismissed, to file a petition to have their cases sent back to juvenile court.

California Juvenile Law Attorney

Attorney Katie Walsh has the experience to advocate for any family, no matter the crime, whose son or daughter is facing legal challenges. Please contact The Law Offices of Katie Walsh today to learn how she can mount a rigorous, committed legal defense for your loved one.

School suspension and expulsion rates is a topic of significant concern in the United States. The data tells us that when young people are excluded from participating in class, due to behavioral issues, they are at severe risk of facing problems later in life. Evidence shows that discipline inside the classroom, as well as outside the classroom, can have lasting impacts on children.

Teachers have incredibly challenging jobs. On average, they have to keep as many as 30 young people in line for hours at a time and to ensure that they learn the skills to move forward. Having just one disruptive student in the classroom can affect the experience of all other students. In the past, the standard protocol would be to separate unruly students from the well-behaved. Continued infractions often result in suspension and/or expulsion for severe cases.

Here in California, a number of laws have been passed in recent years to help put an end to the school-to-prison pipeline. SB 439 establishes 12 years as the minimum age for prosecution in juvenile court. SB 1391 makes it unlawful to try youths under the age of 16 as an adult.

In 2014, a law was enacted to ban the suspension of students in grades K-3 for acts of “disruption and defiance.” Last year, California Senator Nancy Skinner attempted to get Senate Bill 607 signed by Governor Jerry Brown, which would have expanded the 2014 law up to eighth grade. Unfortunately, Governor Brown did not go along with the expansion, but it is likely that the effort to end disruption and defiance suspensions will continue.

Positive New Laws Affecting Young People In California

While former Gov. Brown did not get on board with SB 607, he did sign Assembly Bill 752. The legislation prohibits state-funded preschools from expelling students, Voice of OC report. This year, preschoolers can be expelled, only after all other alternatives to support the children or family have been exhausted.

Assembly Bill (AB) 2698 is another piece of legislation of note; it increases access to critical early childhood mental health consultation services for infants and toddlers. The bill puts more mental health consultants into publicly funded preschools and child care centers.

“As a teacher of 30 years in Orange County, I was able to gain profound insight into the importance of meeting the needs of our young children and their families. Improving services to support early childhood education will always remain a priority,” said Assemblywoman Quirk-Silva.

California Juvenile Justice Attorney

Please contact the Law Offices of Katie Walsh if your child is facing a school expulsion hearing in California. Attorney Walsh is a former prosecutor who is familiar with the juvenile court system. Our team can answer your school expulsion questions and advocate for your family.

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.

We covered an essential story about new juvenile justice legislation signed into law last month. In the 11th hour of Governor Jerry Brown’s fourth term he signed Senate Bill 439 and Senate Bill 1391 into law, both measures will go into effect across the state next year. SB 439 establishes 12 years as the minimum age for prosecution in juvenile court, but a dispensation will be made for offenses such as murder or rape. SB 1391 makes it unlawful to try youths under the age of 16 as an adult.

While the Los Angeles County Board of Supervisors is busy coming up with a plan for serving children under age 12 who find themselves in trouble, the committee is hopeful that they can take an even more progressive step. Board members are considering banning many 12- and 13-year-old youths from juvenile delinquency court, The Chronicle for Social Change reports. The proposal is welcome news by juvenile justice advocates.

“L.A. County can lead the state of California further to ensure that children aren’t negatively impacted by the effects of arrest and incarceration on youth,” said Maria Brenes, executive director of the Boyle Heights-based nonprofit Inner City Struggle. “The impact of system involvement are dismal for our children. Youth are 39 percentage points less likely to finish public school than their peers after experiencing incarceration or detention.”

Implementing Juvenile Justice Reforms

A board motion, titled Setting a Minimum Age for Los Angeles County’s Juvenile Justice System, points out that there were just over 100 12-year olds and just over 350 13 year-olds arrested in the County last year. Supervisors Hilda L. Solis and Mark Ridley-Thomas write that SB 439 sets a floor, and they MOVE that the Board of Supervisors direct the Office of Diversion and Reentry’s (ODR’s) division on Youth Diversion and Development to report back in writing in 60 days with a status report and in 120 days with a comprehensive plan (Plan) to divert younger youth from juvenile court jurisdiction and detention by:

A. Authorizing the Director of ODR, or his designee, to hire a consultant with relevant expertise to support ODR in the development of the Plan.

B. Ensuring the Plan does the following:

1. Build on the County’s current youth diversion and development efforts;
2. At a minimum, comply with the recently passed Senate Bill 439;
3. Include as a first priority a specific plan for the pending or active cases, over which the Juvenile Court is expected to lose jurisdiction in January 2019;
4. Identify holistic programming and services for youth and families based on best practices, focused on positive youth development, that may be appropriate for younger youth;
5. Consistent with the County’s current youth diversion plan, utilize “counsel and release” as the default in the vast majority of these cases and graduated responses thereafter, with Dependency Court jurisdiction to be a last resort; and
6. Include recommendations regarding the minimum age for arrest and confinement of youth for Los Angeles County, including expanding on the requirements set by SB 439, based on a review of best practices, and relevant research.

The supervisors argue that, “the County has an opportunity, based on best practices and the efforts on youth development and diversion, along with the dual-status work it has already begun, to provide leadership to other counties across the State, and to reduce disparities in outcomes for young people based on geographical location, and racial and ethnic identity.”

Orange County Juvenile Defense Attorney

At The Law Offices of Katie Walsh, we specialize in advocating for the families whose children find themselves facing legal difficulty. What sets Attorney Walsh apart from other juvenile justice lawyers is the fact that she is familiar with both sides of the courtroom, having dealt with thousands of criminal and juvenile cases as a former prosecutor. She will use her experience to serve your family and help bring about the best possible outcome; please contact us today for a free consultation if your son or daughter requires assistance.

Last month, we covered Senate Bill 607, as it relates to juvenile justice in California. The bill – authored by Sen. Nancy Skinner, D-Berkeley – would have expanded a bill signed into law in 2014 banning the suspension of students in grades K-3 for acts of “disruption and defiance.” Sen. Skinner’s proposal had the expressed aim of changing the law to include students through the 8th grade.

Earlier this month, California Governor Jerry Brown vetoed SB 607, EdSource reports. While it was unclear if Brown would get on onboard, considering he was opposed to legislation in 2012 that would have banned such suspensions for grades K-12, he showed this month that he would not be swayed. Gov. Brown states that local control is his main reason for rejecting the bill, just as it was in 2012.

Senator Skinner sensed that Brown would come out against her measure much like the Association of California School Administrators and the California School Boards Association. So, she wrote SB-607 to include K-8 rather than K-12, to get the support of the organizations above, hoping it would be enough for Brown as well.

“Teachers and principals are on the front lines of educating our children and are in the best position to make decisions about order and discipline in the classrooms,” said Brown, in the veto message.

Civil Rights Advocates Are Not Surprised

Kids – as everyone knows – can be unruly; punitive measures are one way to teach young people the difference between right and wrong. However, there is a significant body of evidence suggesting that “disruption and defiance” suspensions affect students of color and those with disabilities, disproportionately.

A report from UCLA’s Center for Civil Rights Remedies shows that African-American middle-schoolers lost 71 days per 100 students, almost four times the number of days of class missed by their white classmates. When students miss class frequently, they are far more likely to get in other – more severe – types of trouble. Suspension and expulsion are often the catalysts of the school-to-prison pipeline. The California Department of Education CALPADS Data, 2016-17, shows that black and brown boys were 53.3% of disruption/defiance suspensions in the 2016-17 school year, despite making up only 30.7% of CA students.

Bills like SB-607 and its predecessor are meant to force the hand of educators to utilize disciplinary measures that did not take students out of class for minor infractions, before they resort to harsher courses of action. Despite being at odds with Gov. Brown’s decision, youth and civil rights advocates are not surprised, according to the article. Moreover, they are, in a word, disappointed!

“[Brown] has rejected an opportunity to transform school climate and address a racial injustice in our schools statewide,” said Angelica Salazar, director of education equity for Children’s Defense Fund, California. Senator Skinner has not committed to introducing a new bill next year.

Juvenile Defense in California

Please contact The Law Offices of Katie Walsh if you require the assistance of an Orange County school expulsion lawyer. Attorney Walsh has overseen thousands of juvenile cases in California. Please contact us to schedule a free consultation and learn more about how Katie Walsh can advocate for your family.

Governor Jerry Brown signed two measures over the weekend relevant to juvenile justice in California, Senate Bill 439 and Senate Bill 1391. You may remember that we have covered both pieces of legislation at length in the last year; SB 1391 we wrote about as recently as last week when it was still uncertain that Brown would pen his name to the proposed bills.

On Sunday, Gov. Brown approved SB 439 which establishes 12 years as the minimum age for prosecution in juvenile court, unless the offense is murder or rape, The Sacramento Bee reports. He also gave SB 1391 his stamp of approval which eliminates the ability to try a defendant under the age of 16 as an adult, keeping more young people out of prison.

Juvenile justice reform is a cause championed by Sens. Holly Mitchell, D-Los Angeles, and Ricardo Lara, D-Bell Gardens. Both lawmakers have worked tirelessly in recent years to get SB 439 and SB 1391 to the Governor’s desk, and succeeded. The measures go into effect next year.

“There is a fundamental principle at stake here: whether we want a society which at least attempts to reform the youngest offenders before consigning them to adult prisons where their likelihood of becoming a lifelong criminal is so much higher,” Brown wrote. He added, “My view is that we should continue to work toward a more just system that respects victims, protects public safety, holds youth accountable, and also seeks a path of redemption and reformation whenever possible.”

Cradle to Prison Pipeline

Please take a moment to watch a short video of Sen. Holly Mitchell, the coauthor of SB 1391, as she discusses the “cradle to prison pipeline.” You can find the video here.

As was mentioned in previous posts, not everyone in California is in favor juvenile justice reforms that aim to emphasize rehabilitation over incarceration. Various law enforcement groups object to both measures, according to the article. However, advocates for SB 439 and SB 1391 argue that teens don’t fully understand the ramifications of their actions – the difference between right and wrong – owing to their brains not being fully developed; they contend that incarceration increases the risk of committing more crimes down the road and recidivism.

“Children are not pint-sized adults. Instead, they should be cared for with an emphasis on rehabilitation — not warehousing,” Mitchell said.

California Juvenile Defense

Attorney Katie Walsh has the experience to advocate for families whose children are facing legal trouble effectively. Please contact the Law Offices of Katie Walsh require a juvenile defense lawyer in California. Attorney Walsh can help you obtain the best possible outcome for your son or daughter’s case.

In April, we discussed Senate Bill 1391. If signed into law, SB 1391 would amend Proposition 57, repealing the authority of a district attorney to make a motion to transfer a minor from juvenile court to a court of criminal jurisdiction in a case in which a minor is alleged to have committed a specified serious offense when he or she was 14 or 15 years of age.

While some juvenile justice advocates are in favor of legislation that prevents cognitively undeveloped people from standing trial in the adult criminal courts, the loved ones of victims of senseless crimes are not happy that killers may get out of jail one day and lead “normal” lives. To say SB 1391 is controversial may be an understatement; and, juvenile law experts contend that they can sympathize with arguments for and against the legislation, CBS Sacramento reports. Now, the fate of the bill falls on California Gov. Jerry Brown.

“It’s a symptom of the modern trend to believe that kids that are that young, of the age of 14 and 15 are probably not capable of really the kind of sophistication that would expect to be tried in criminal court,” said John Myers, professor, McGeorge School of Law. Myers adds that “There are some very sophisticated 14- and 15-year-old gangbangers out there that are cold-blooded killers, so I understand that if your child or loved one is killed by a gang member who happens to be 15 why you think it’s wrong, it’s a sympathetic argument.”

Trying 15-Year-Olds As Adults

SB 1391 was introduced in April by state Sens. Ricardo Lara (D-Bell Gardens) and Holly Mitchell (D-Los Angeles). The bill is one of several new laws focused on rehabilitation over incarceration, and to reduce the overburdened criminal justice system.

“Research has debunked the myth that children are hardened criminals at age 14 and 15 and deserve punishment in the adult system,” Lara said in a news release. “In fact, 14- and 15-year-olds are far from being adults and Senate Bill 1391 keeps them in the juvenile justice system and guarantees they receive counseling and education, so they are less likely to commit crimes in the future.”

The bill is either a second chance for young offenders or a law that puts rehabilitation over public safety, and it is what Gov. Brown will have to wrestle with before the September 30th deadline. Please take a moment to watch a short video here.

If passed, it purportedly would apply retroactively to certain cases involving minors tried as adults. We will continue to follow this important story as it develops.

Orange County Juvenile Justice Attorney

Please contact Attorney Katie Walsh if you need an experienced juvenile defense lawyer in California. Juvenile defense attorney Walsh can help you obtain the best possible outcome for your son or daughter’s case.

In 2014, California Gov. Jerry Brown signed a K-3 suspension ban for “disruption and defiance” infractions. Friday of last week, the California Legislature voted in favor of Senate Bill 607, authored by Sen. Nancy Skinner, D-Berkeley, to expand the ban to include suspensions through the 8th grade, EdSource reports. Sen. Skinner had initially hoped that the expansion would consist of all high-schoolers, as opposed to just K-8.

It remains unclear if Gov. Brown will get behind the bill and pen his name to the legislation; but, it’s worth noting that Brown vetoed a total K-12 “disruption and defiance” ban in 2012, only to later sign a less comprehensive ban in 2014. Brown’s previous opposition stems from his belief that state-mandated prohibitions interfere with local school district control. Local control is the cornerstone of his education policy, according to the article. The California School Boards Association and the Association of California School Administrators (ACSA) supports expanding the ban. However, the California Charter Schools Association and the California Teachers Association have taken a neutral stance.

A Dramatic Drop In Suspensions

Initially, the ACSA was opposed to including higher grade levels into the suspension ban; then, the organization learned about how racial disparities continue to be the status quo for disruption and defiance suspensions throughout the state, the article reports. The ACLU of Southern California conducted an analysis of state data and found that African-American and Latino boys received more than half of the state’s disruption and defiance suspensions during the 2016-17 school year. It’s worth noting that Black and Latino children make up only 30.7 percent of all California students.

“This wasn’t an easy decision for ACSA, but our folks are really concerned with the disparities in terms of how willful defiance suspensions are applied,” Iván Carrillo, a legislative advocate for the school administrators’ association, said. “Our membership takes a big issue with that and we want to continue to utilize other creative, research-based tools to deal with student behavior while at the same time protecting the classroom.”

When students are taken out of the class for slight infractions they are more likely to find themselves in additional trouble down the road, i.e., the school-to-prison pipeline. A more significant reliance on evidence-based restorative justice techniques could help the state for years to come.

“All the stakeholders are either supportive or neutral, which is great,” Skinner tells EdSource. “Now the question is does it meet the governor’s comfortability, which it should. The whole objective is to give kids the best chance at being successful — and kicking them out of school, even if it’s just for a few days, is not a recipe for success.”

Several municipalities have already taken the initiative and instituted their own K-12 willful defiance suspension bans, in lieu of a statewide ban. We will just have to wait and see which way Gov. Brown goes on SB 607.

Orange County Juvenile Justice

If your son or daughter is at risk of school expulsion in California, please contact The Law Offices Katie Walsh at your earliest convenience. Attorney Walsh has extensive experience handling these types of cases and can advocate on behalf of your family to safeguard your child’s rights.

Supervising children is not an easy task; managing a classroom of more than 30 adolescents is a monumental feat. It should go without saying that teaching is a profession that is at times both rewarding and thankless. Those who choose to go into the field do so because of a desire to help young people achieve their highest potential even though the classroom is usually the last place students want to be for more than 200 hundred days of the year. Those of us without the task of overseeing youngsters find it challenging to understand how teachers do it; we were all children once, so we know firsthand the patience-trying nature of teenagers.

Most adults can remember the handful of troublemakers they had to share classrooms with, those who made it a point to disrupt lesson plans day-in-and-day-out. It seems like the sole mission of some kids was to be the bane of the faculty’s existence. Although, it is likely that few of us could grasp, at the time, why certain classmates acted out; we could not know that forces outside the classroom may have driven some youngsters to rebel.

Some people can probably remember instances of their school throwing in the towel with specific students, deciding that the best thing to be done was to suspend or expel a student; if asked, the school would justify removing a problem child as being a service to the rest of the class and the teacher. Dismissing a student might lessen distractions in classrooms, but it probably did nothing to help the student in question and potentially was a jumping off point to more severe problems. Those who are expelled from high school are far more likely to face the juvenile justice system.

While people most often associate violence and drugs with suspension and expulsion, up until not too long ago faculties could adduce “willful defiance” — virtually anything that disrupts a class — as a reason to expel or suspend students. Then, in 2014, Gov. Jerry Brown signed Assembly Bill 420, eliminating willful defiance as a cause for expulsion. Since that time, California school districts have had to focus on what was behind a student’s behavior, address the problem, and help a child change their ways.

Classroom Management

If a classroom is a ship of enlightenment, the teacher is the captain, which make the students the crew. Those teens who pay attention and do their work may one day grow up to oversee a team of employees, or maybe even become teachers him or herself. As with any voyage, the captain must be both stern and fair; and, perhaps more than anything else protect the mission from mutiny. One could argue that students prone to disrupting the class are, in a sense, mutineers; on the high seas the captain might throw the offender overboard, but in the California classroom of today that frankly isn’t an option anymore. It seems the only course of action is to ensure that the “classroom captain” can manage their students effectively.

With that in mind, you may find it hard to believe that very little of a teacher’s education involves taking courses on how to manage a classroom effectively. It’s one thing to tell a teacher that a disruptive student is going to be around whether they like it or not, it’s another thing altogether to say that to an educator who lacks to the necessary skill set to manage the future generations.

“Classroom management is extraordinarily absent in teaching certification programs,” Mike Lombardo, director of prevention supports and services for the Placer County Office of Education, tells EdSource.

In fact, a survey shows that when it comes to classroom management, more than 40 percent of new teachers reported feeling either “not at all prepared” or “only somewhat prepared.” The California Commission on Teacher Credentialing is responsible for establishing best practices in teaching; last year, the commission made a requirement that new teachers have an excellent understanding of non-punitive methods of discipline, EdSource reports. Restorative justice is one such method, a technique that involves relationship building and making amends. Instead of permanently removing kids from a classroom — a practice that can have a lasting effect (i.e., run-ins with the juvenile justice system, otherwise known as the “school-to-prison pipeline”) on a student who likely is only acting out because he or she needs more support — teachers work to better understand the misbehaving student’s social and emotional needs.

“[Beginning teachers should] promote students’ social-emotional growth, development and individual responsibility using positive interventions and supports, restorative justice and conflict resolution practices to foster a caring community where each student is treated fairly and respectfully by adults and peers,” according to the California Commission on Teacher Credentialing’s new performance expectations.

Juvenile Defense Attorney

The Law Offices of Katie Walsh specialize in juvenile law. If your son or daughter is facing criminal charges or school expulsion, Attorney Walsh can advocate for you and your family in several ways. Please contact our office for a free consultation.

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.

American reliance on smartphones for day-to-day tasks increases steadily every year, as the devices become ever increasingly more advanced. There was a time when people could easily point out what a cellphone can’t do, but with each passing year that becomes more and more difficult. While there are thousands of apps available across many platforms, the majority of phone activity involves texting and messaging. Many Americans prefer talking to people via text than they do conversing by voice. Most would argue that it is just easier even if the discussion is of an intimate nature, otherwise known as “sexting.”

It is probably not hard for you to imagine how sexting can go wrong. The sending of salacious words or images may seem harmless, but there is little way to control what will be done with such material. Most romantic relationships do not end in marriage, some relationships end with bad blood between the two partners. Some may feel inclined to use lewd material exchanged via text against their ex’s, posting stuff online. This is not a trend relegated to adults only, practically every teenager has a smartphone and many young people “sext” each other. An alarming reality that resulted in legislation being passed in California last year to address cyber sexual bullying.

Assembly Bill No. 2536, authored by Assembly Member Ed Chau (D-Monterey Park), clarifies that sexting, with the purpose or effect of humiliating or harassing a pupil, is a part of cyberbullying and incorporates sexting curriculum as a part of comprehensive sex education programs, according to a press release. Governor Jerry Brown signed the bill into law on September 21, 2016.

AB 2536 was designed to protect young boys and girls who may fall victim to the unintended consequences of sexting. Seeing the value of continuing the conversation, Lauren Hersh, director of anti-trafficking policy and advocacy at Sanctuary for Families, spoke about “Raising Empowered Girls” on February 28, 2017, at 6:30 p.m., at the Hillview Middle School Performing Arts Center, 1100 Elder Avenue in Menlo Park, CA. The event was free and open to the public, The Almanac reported.

“Alarmed by the lack of early education around issues such as sexting, ‘slut’ shaming, pornography, sexual harassment, and the like, Lauren has dedicated time and energy to informing parents about the dangers our young girls, and boys, face online and in relationship, as well as empowering youth to do something about it,” said Assistant Superintendent Erik Burmeister.

There have been campaigns to educate people about the dangers of sexting across the country and abroad. It is important for Californians to know that sexting with minors is a crime. Receiving sexting photos and disseminating them can be a crime as well.

While human trafficking is something that the majority of Americans only know of via Hollywood, it is in fact a tragic occurrence that happens all over the world. What’s more, while the practice of forcing teenage and young adult women into sexual slavery may be more commonly associated with overseas practices, it is something that occurs right here in the United States—even in the Golden State.

In an effort to help victims of the child sex and labor slave trade in California, Governor Jerry Brown signed a number of bills into law that would decriminalize prostitution and help protect victims, The Los Angeles Times reports. The idea is as follows: Somebody forced into sexual slavery cannot be held accountable for their actions in a court of law, the same way as someone who chooses to solicit.

One of the bills the Governor signed was Senate Bill 1322, a piece of legislation authored by Senator Holly Mitchell (D-Los Angeles), according to the article. SB 1322 makes it so adolescents are no longer subject to crimes of solicitation and loitering with intent to commit prostitution. Both offenses are misdemeanors under California law. After the signing, Senator Holly Mitchell wrote on Twitter:

Thank you @JerryBrownGov for signing SB 1322 and showing that California loudly states that “There is no such thing as a child prostitute!”

What’s more, Governor Brown also decriminalized prostitution with the stroke of his pen last week. Additionally, the new legislation allows victims of human trafficking to have the previous prostitution convictions vacated and their records sealed. As you may have imagined, while such legislation makes sense, there are a number of people who are opposed to the new laws.

Another bill which is still under review is Senate Bill 1129, introduced by Bill Monning (D-Carmel), the article reports. If passed, SB 1129 would end mandatory minimum sentences for certain prostitution offenses.

Katie Walsh is an attorney in Orange County, California. Attorney Walsh concentrates her law practice on juvenile defense, criminal defense, and victim’s rights.

Contact the Law Offices of Katie Walsh online or at (714) 351-0178.

As part of a larger effort to reduce the incarcerated populations in overcrowded prisons, Governor Jerry Brown proposed a bill last November that would make it more difficult to charge juveniles as adults in criminal cases.

The initiative was initially blocked by a judge in Sacramento, but the California Supreme Court said they would hear arguments about the bill’s legality. The bill seeks to repeal part of an initiative from 2000 that permits prosecutors to charge juveniles as young as 14 as adults in cases involving serious offenses.

The bill would also require juvenile court judges to review each case individually and determine based on the specific facts and circumstances of each case whether the juvenile should be tried in juvenile court or adult court.

Perhaps the most important distinction between being tried as an adult and tried as a juvenile is the disparity in sentencing consequences. Juveniles tried as adults can be sentenced as adults, and as such can face much longer or severe sentences.Juveniles sentenced in juvenile court to incarceration must be released at age 23.

While legal and political battles over the bill continue, supporters are working to collect the necessary number of signatures from registered voters to put the bill on the ballot in the November general election.

California’s prisons are overcrowded and the state has taken measures to actively decrease its prison population. This particular bill is one of the more direct efforts to reduce the number of juveniles who are incarcerated in our state. Its future remains to be seen, both in court and potentially on the ballot.

Katie Walsh is an attorney in Orange County, California who focuses her practice on juvenile law, criminal defense, and victim’s rights.

Contact the Law Offices of Katie Walsh online or at (714) 351-0178.