Pepper spray, like mace, is a non-lethal form of restraint that law enforcement agents utilize on a regular basis. The ingredients result in inflammation of the eyes and lungs, causing temporary vision loss and shortness of breath. Once disabled, officers are better able to restrain subjects. While the agent is less-than-lethal, there are instances when the chemical agent is a contributing factor in premature death.

In California, juvenile detention facility guidelines permit staffers to use pepper spray or oleoresin capsicum (OC) spray, only as a last resort to de-escalate difficult situations, Los Angeles Daily News reports. However, a new report from the Los Angeles County’s Office of the Inspector General (OIG) finds that officers are relying on pepper spray to subdue juveniles at an alarming rate, often using the lachrymatory agent unnecessarily.

The report was conducted at the behest of the Los Angeles County Board of Supervisors (Board). The call for an investigation came after revelations brought to light last year that incidents involving oleoresin capsicum spray in juvenile detention facilities skyrocketed more than 150 percent from 2015 to 2017. The OIG report cites instances of juveniles being subjected to OC and are then left in their rooms without assistance, forced to rely on toilet water to clean/remove the oleoresin capsicum from their skin and eyes.

Initial or Intermediary Force Option

According to the report, thirty-five states have banned the use of OC spray in juvenile facilities. California is just one of six states that allow the use of pepper spray on youths housed in detention centers. Such facilities include Barry J. Nidorf Juvenile Hall, Central Juvenile Hall, Los Padrinos Juvenile Hall, Camp Ellison Onizuka, and Camp Ronald McNair. There are California counties that prohibit juvenile detention officers from deploying OC, encouraging the use of other de-escalation techniques instead, i.e., San Francisco County, Santa Cruz County, Marin County, and Santa Clara County.

The OIG report underscores the need for more de-escalation training, especially in Los Angeles County. Cathleen Beltz, assistant inspector general, said the goal is to reduce or eliminate the use of OC within LA County’s juvenile facilities. The investigators found consistent use of OC spray as an “initial or intermediary force option, rather than as one that follows a failure to de-escalate or the use of less significant force.”

“The fundamental issue here is not about the tools that staff use,” said Terri McDonald, LA County chief probation officer. “The question is, how can we create a culture or environment in which force is a rarity?”

McDonald adds that the department will not tolerate “unnecessary or excessive force in our facilities…A single case of abuse of our youth is one too many.” The chief probation officer is not opposed to doing away with the use of OC, “But a change of this magnitude will require thoughtful analysis, planning, training, and potentially increased resources to ensure institutional safety.”

California Juvenile Defense Attorney

As a former juvenile prosecutor, attorney Katie Walsh has the experience and understanding of the law to advocate for your son or daughter who is facing legal trouble. Please contact The Law Offices of Katie Walsh for a free consultation and to learn how she will use her expertise to defend and achieve a favorable outcome for your loved one.

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.