Over two years ago, the California Department of Justice (DOJ) began an investigation into the conditions of confinement at two juvenile halls. Based on the results of that investigation, a settlement has been reached that will improve the conditions and education services in Los Angeles County’s juvenile halls. The groundbreaking settlements seek to protect youth in the juvenile justice system in the county.

Extensive Investigation into Confinement Conditions

The investigation into the conditions of confinement began in October 2018. DOJ launched the investigation to determine whether the conditions for youth at Barry J. Nidorf Juvenile Hall and Central Juvenile Hall complied with state and federal laws. The Attorney General’s Office interviewed over 80 witnesses, conducted a number of site visits, and reviewed thousands of pages of documentation.

Confirming the allegations, DOJ found that the county did not provide sufficient services and, in fact, endangered youth safety. The investigation focused on the policies and incidents of use-of force, room and solitary confinement practices, access to grievance procedures, staff training, as well as rehabilitative programming, recreation, education, religious services, and mental and medical healthcare.

They found, among other issues, that the juvenile halls relied on inappropriate, excessive physical and chemical use of force. In an online news conference, California Attorney General Xavier Becerra said that the investigation focused, in particular on the unnecessary use of pepper spray and on unreasonable periods of cell confinement that kept youths from receiving adequate educational services and medical care.

Groundbreaking Settlements

The settlements, announced in January 2021, were reached between Attorney General Becerra, Los Angeles County, and the Los Angeles County of Education. As a result of the DOJ investigation, the settlements focus on improving the conditions and education services in the county’s juvenile halls.

The Los Angeles County Office of Education and the County of Los Angeles, including its Probation Department, Department of Mental Health, and Department of Health Services have agreed on a wide range of corrective actions, to be overseen by an independent monitor and subject matter experts. These corrective actions are aimed at securing positive outcomes for youth involved in the justice system and at ensuring systemic improvements to the county’s juvenile halls.

Los Angeles County Superintendent of Schools Debra Duardo, reflecting on the groundbreaking settlements, said, “We at the Los Angeles County Office of Education are passionate about our work and firm in our belief in the power of education to transform the lives of at-promise students in our juvenile hall schools. For the past year, we have cooperated closely with DOJ officials. The findings of their investigation demand that we all do better for the young people in our care. We welcome the opportunity to strengthen systems of collaboration and accountability so we can more effectively deliver the high-quality services our youth deserve.”

A Four-Year Plan for Corrective Action

The most significant outcomes of the DOJ’s investigation and the resulting settlements are extensive four-year plans to protect youth in the juvenile justice system. These plans include corrective actions in a number of important areas, including:

• Limiting the use of force and requiring de-escalation as well as outside oversight and review of incidents.
• Enhancing holistic efforts to support youth through trauma-informed and positive behavior approaches.
• Improving confinement safeguards and practices to ensure youth are not unlawfully confined to their rooms.
• Providing necessities of basic living needs, including bedding, hygiene items, and appropriate access to the bathroom.
• Ensuring that youths are housed in a homelike environment.
• Ensuring that youth have timely and appropriate mental health and medical care.
• Providing appropriate time for education and improving the process for youth who are transitioning back to school in the community.
• Providing a trustworthy and secure method for youth in the juvenile justice system to have their problems properly addressed.
• Facilitating the collection of data and the analysis necessary to demonstrate compliance with the settlements, allowing for adequate ongoing internal review.
• Requiring sufficient training for staff and appropriate staffing for the juvenile halls to be able to comply with the settlements.

Regarding the investigation and the resulting groundbreaking settlements, Attorney General Becerra said, “One of our core duties as a society is to lay the foundation for our children to build a better future. That has to be at the center of what we do as government when youth are entrusted to our care.” Becerra added, “I applaud the county for working with us to correct the wrongs uncovered by our investigation and committing to help these youth get the resources they need.”

Orange County Juvenile Defense Attorney

Please contact the Law Offices of Katie Walsh if your son or daughter is in legal trouble or faces school expulsion. Attorney Walsh has the expertise to advocate for your loved one’s well-being successfully. For a free consultation, call Katie Walsh at (714) 351-0178.

This year has been exceedingly challenging for students in California owing to the COVID-19 pandemic. School closures and financial hardships have created a climate of despair for millions of young people. Mental health services are needed now more than ever in order to prevent school suspensions and expulsions. Mental illness often plays a role in the school-to-prison pipeline.

Juvenile justice is a topic of utmost importance at the Law Offices of Katie Walsh. We are pleased to announce some significant changes in Los Angeles County proposed by the new district attorney—George Gascón.

Last week, the District Attorney for Los Angeles County announced his plans to shake up criminal prosecutions, The Los Angeles Times reports. Taking a page out of the book he helped write as the District Attorney of San Francisco from 2011 to 2019, Gascón plans to stop the practice of cash bail; he also wants to place a ban on prosecutors seeking enhanced prison sentences.

What’s more, he plans a review of thousands of old cases to see if less harsh sentences are warranted. Gascón office will also determine if prisoner releases should be meted out.

“I recognize for many this is a new path … whether you are a protester, a police officer or a prosecutor, I ask you to walk with me. I ask you to join me on this journey,” said Gascón during his swearing-in ceremony. “We can break the multigenerational cycles of violence, trauma and arrest and recidivism that has led America to incarcerate more people than any other nation.”

Trying Juveniles as Adults

The shift in policy regarding bail will certainly be a hot-button topic. However, starting January 1, prosecutors in Gascón’s office will ask judges to release plaintiffs, except in homicide or other violent felony cases.

“How much money you have in your bank account is a terrible proxy for how dangerous you are,” Gascón said. “Today there are hundreds of people languishing in jails, not because they represent a danger to our community but because they can’t afford to purchase their freedom.”

Prisoners who’ve served 20 years or more might be granted parole if the new district attorney has his way. Moreover, Gascón has vowed that his office will never seek the death penalty. Gascón’s plans also extend to juveniles. He promises to end the practice of trying juveniles as adults.

Jerod Gunsberg, a Los Angeles juvenile criminal defense attorney, praised Gascón for his goal of no longer trying minors as adults, according to the article. He points out that the practice has had “deep, negative effects on accused teenagers and society as a whole.”

“I’ve been doing this for a long time. I’ve never seen a kid go into a juvenile probation camp and come out better. Ever,” said Gunsberg. “I’ve never seen a kid have a strike filed on them, at 16 years old and it improve their life or enhance public safety in any way.”

Juvenile Defense Attorney

Please contact the Law Offices of Katie Walsh if your son or daughter faces legal difficulties or school expulsion. Attorney Walsh has the experience to advocate for your family and achieve a favorable outcome. She has handled thousands of juvenile cases, and as a former prosecutor, she knows the ins and outs of the juvenile court system.

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.

Young people are not the best at thinking things through thoroughly before they act, and as a result, they sometimes learn valuable lessons. Even when minors understand the difference between “right” and “wrong,” they can still make unfortunate errors in judgment that can cost them significantly. While some offenses committed by minors are severe and should carry a commensurate punishment, most infractions are benign. However, getting caught up in the juvenile justice system for a minor offense often does more harm than good.

More than a decade ago, the Santa Clarita Valley Sheriff’s Station started a diversion program, called “Teen Court.” Minors who commit minor offenses and meet specific criteria are eligible for Teen Court, excluding them from incarceration, formal probation, and a conviction on their record if they complete the requirements within a six-month period. The program can make all the difference for teenagers, potentially keeping them from becoming trapped in the criminal justice system.

L.A. County Teen Court

Teen Court is unique in several ways, notably in the fact that Juveniles who commit minor offenses plead guilty to a jury of their peers, meaning other teenagers in school. After which, teens in the diversion program must avoid getting into trouble during a six-month probationary period, according to KHTS. Juveniles taking part in the program have to do community service, write letters of apology and pay restitution to the victim or victims. Teen Court is only available to first-time offenders.

“We deal with juveniles that have committed misdemeanors and even felonies,” said Dan Finn, a detective with the Santa Clarita Valley Sheriff’s Station. “The only limits are: we don’t take serious felony charges like gang-related crime, rape, murder (or) robbery.”

The goal of programs, like Teen Court, is to avoid recidivism. Data indicates that around half of teens who don’t take part in diversion programs end up going on to commit more crimes. Detective Finn points out that less than 15 percent of the juveniles who go through the Teen Court commit another offense. Owing to the success in Santa Clarita, Los Angeles County is following suit; a little over a year ago, the Los Angeles County Board of Supervisors approved a plan that would make diversion the focus of the county’s juvenile justice system. The Superior Court of California, County of Los Angeles, reports that there are 38 Teen Courts in operation at high schools throughout Los Angeles County and over 70 judicial officers preside over the program.

“We catch these kids early, and it’s making a difference,” Los Angeles County Superior Court Judge David S. Wesley, tells California Courts Newsroom. “We are incarcerating fewer kids, and saving millions of dollars keeping them out of the juvenile justice system.”

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 a number of ways. Please contact our office for a free consultation.

This past Tuesday, May 4, the Los Angeles County Board of Supervisors approved a measure that improves the quality and integrity of our juvenile criminal justice system by banning the use of solitary confinement in the County’s juvenile detention facilities.The motion was passed with unanimous support. The interim Chief of Probation, Cal Remington, called the new measure not just a change in policy, but a change in culture.

Studies have shown that solitary confinement is not only an ineffective means of punishment, but it also creates a high risk of physical and psychological harm to those so incarcerated. Youth in solitary confinement have higher rates of suicide; some studies indicate that as many as 50 percent of youth who commit suicide while incarcerated were in solitary confinement at the time of death.

Because juveniles’ brains are still developing, the negative psychological impact of solitary confinement on juveniles is particularly pernicious. Teenage minds, especially those of juveniles in the justice system who have already been subject to unusually high stress, are less equipped to cope with trauma. Solitary confinement has been shown to only exacerbate juvenile mental health issues, creating a vicious cycle of negative conduct.

Los Angeles County has one of the largest juvenile justice systems in the United States. Close to 1200 youth are housed in its detention facilities. The ban on solitary confinement only applies to juveniles in Los Angeles County and is not a change in state law. However, other counties or the state itself could follow LA County’s direction and implement a similar order.

The new rule does not completely ban the use of solitary confinement, but severely restricts its application to very limited circumstances: when a youth poses a serious risk to his or her self and others, he or she can be separated for a short period of time.

According to reports, the new rule is to be implemented by September 2016. Changes, however, are expected to begin in some facilities this month.

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.

Last week, representatives from different parts of the Los Angeles County juvenile justice system met to discuss the system’s problems and potential solutions.

Lawyers, former juvenile offenders who had been through the system, advocates, and policy analysts in attendance acknowledged the status quo was not working. The representatives voted to commission a report on improving juvenile defense in Los Angeles County.

The meeting came on the heels of a report issued last month from UC Berkeley that found dysfunction and inequity unique to the Los Angeles County system. For example, appointed private attorneys for juveniles were paid a flat fee — $340 to $360 — for the entire case, rather than by the hour, which meant attorneys often had to work with little resources. Lawyers were required to pay for their own training and no money was allocated to them for private investigators.

The study also found that juveniles represented by privately appointed lawyers were more likely to be transferred to the adult criminal justice system than if they were represented by a public defender.

Representatives from both sides—private appointed lawyers and public defenders—agreed that this was due to the lack of resources provided to appointed counsel. Public defender offices, for instance, typically have their own private investigators internally.

All parties seemed to agree that such structural problems require structural solutions. It remains to be seen what answers the commissioned report will recommend. The juveniles of Los Angeles County deserve more than the status quo.

Katie Walsh is an attorney in Orange County, California who focuses her practice on juvenile law, criminal defense, and victim’s rights. Attorney Walsh has represented juveniles and adults charged with a range of allegations.

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