In 1996, the California Division of Juvenile Justice, the state’s youth correctional system, housed over 10,000 children and young adults (ages 12 to 25), according to the Center on Juvenile and Criminal Justice.

Today, we see a very different picture of juvenile justice in the Golden State. Thanks to several criminal justice reforms and the tireless of countless individuals, rehabilitation is now California’s watchword.

The number of young people housed in juvenile detention centers had fallen to 627, as of June 2018, The San Francisco Chronicle reports. While most people will find this news uplifting, lawmakers still have far to go in ensuring that all children are afforded the same benefits.

Young African Americans and Latinos are over-represented in both arms of the criminal justice system—juvenile and adult. Of the 71,923 juvenile arrests in 2015, black and Latino youths made up 88% of those tried as adults, according to a study from the California Department of Justice.

On numerous occasions, we have written about Proposition 57 on this blog. The legislation took power to try children as adults away from prosecutors in 2016. However, black and Latino youths are still tried as adults at the same rate.

Probation Helps and Hurts Young People

While fewer young people are locked up, there are more than 39,000 youth on probation in California, according to the article. Probation gives kids more options, but the likelihood of violating terms is high. Violations often result in incarceration.

“Probation is a hidden secret of the juvenile justice system,” said Nate Balis, Director of the Juvenile Justice Strategy Group for The Annie E. Casey Foundation. “The proportion of kids put in probation remains the same year after year. It is quite similar to what it looked like with the overall approach in the 1990s. One thing to change is dramatically narrowing who ends up on probation. Kids with first offenses like shoplifting can end up on probation. We must be more discerning and divert far more youth from juvenile justice system.”

Probation can be successful if young people are supported along the way. Expecting teenagers to fall in line after an arrest is wishful if they lack the resources to make necessary changes. We have to remember that teenagers who get in trouble with the law rarely come from stable homes. Bad influences are aplenty inside the house and out.

Reforms are only beneficial when they are in tandem with investments in the community. Diversion programs can give young people the tools to get back on track, stay in school, and avoid incarceration down the road.

California Juvenile Defense Attorney

Parents with a son or daughter facing legal trouble or school expulsion can benefit from seeking the help of juvenile defense expert. Having an experienced advocate in your family’s corner can pay off significantly.

Please contact The Law Offices of Katie Walsh for a free consultation and to learn more about how we can help you overcome your legal challenges.

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.

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.

The proposed #EquityAndJustice2018 package includes several bills that could drastically change juvenile justice in California. If the legislative measure makes its way to the Governor’s desk, it could help put a stop to the juvenile justice to adult corrections pipeline. The group of bills includes SB 1391, SB 1392 and SB1393 introduced by Senators Ricardo Lara (D) Long Beach and Holly Mitchell (D) Los Angeles, according to Oakland Post. Thus far, the package has earned a stamp of approval from the Public Policy Committee and will now go before the Appropriations Committee. Hopefully, the series of bills will be received well.

Equity and Justice Package

SB 1391: “Existing law provides that, notwithstanding open course provisions in statute or regulations of the board of governors, the governing board of a community college district that provides classes for inmates of certain facilities may include the units of full-time equivalent students generated in those classes for purposes of state apportionments. This bill would repeal 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, thereby amending Proposition 57.”

SB 1392: “Existing law imposes an additional 3-year sentence for each prior separate prison term served by a defendant where the prior and current offense was a violent felony, as defined. If that provision does not apply, existing law instead imposes a one-year term for each prior separate prison term or county jail felony term under the law, except under specified circumstances. This bill would delete the provision that requires an additional one-year term.”

SB 1393: “Existing law requires the court, when imposing a sentence for a serious felony, in addition and consecutive to the term imposed for that serious felony, to impose a 5-year enhancement for each prior conviction of a serious felony. Existing law generally authorizes a judge, in the interests of justice, to order an action dismissed, but precludes a judge from striking any prior serious felony conviction in connection with imposition of the 5-year enhancement. This bill would delete the restriction prohibiting a judge from striking a prior serious felony conviction in connection with imposition of the 5-year enhancement described above and would make conforming changes.”

Juvenile Justice Press Conference

Sens. Ricardo Lara and Holly J. Mitchell held a press conference to discuss the three bills mentioned above, as well as SB 1050. These new bills propose to reform juvenile and adult criminal sentencing. Please take some time to watch the video below:

Juvenile Defense 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.

In 2016, we covered the important topic of California Proposition 57 and its implications regarding juvenile law. Considering the fact that many young people do not fully understand the consequences of their actions, voters across the state approved the passing of Prop 57. The law takes the power of deciding which minors are tried in adult court out of the hands of prosecutors; instead, under the new legislation discretion is given to judges to determine in which court teenagers belong.

It was still unclear at the time of Proposition 57’s approval and signing into state law how it would affect minors who were already looking at standing trial in adult court. Would the new law be retroactive for the thousands of minors who were awaiting trial in adult court in November of 2016? A decision was reached regarding such individuals; on February 1, 2018, the California Supreme Court broadly expanded the scope of Prop. 57, according to U.S. News & World Report. The highest court in the state ruled that the law applies to pending cases at the time of the vote.

A Chance for Rehabilitation

The adult criminal justice system is a far cry from the juvenile court regarding punishment. Minors convicted of a crime in such cases can expect much stiffer sentences. The Supreme Court’s decision brings with it new hope for young people across the state. Please keep in mind that the law isn’t any guarantee that a juvenile will escape adult court, just that they are entitled to a special hearing to decide if the higher adult court is warranted.

“While a person convicted of serious crimes in adult court can be punished by a long prison sentence, juveniles are generally treated quite differently, with rehabilitation as the goal,” said Associate Justice Ming Chin, writing for the state Supreme Court. “The possibility of being treated as a juvenile in juvenile court — where rehabilitation is the goal — rather than being tried and sentenced as an adult can result in dramatically different and more lenient treatment.”

The Supreme Court also decided that Prop. 57 should even apply to youths appealing their convictions, according to the article. Beyond juvenile law, Proposition 57 allows adult felons the ability to try to obtain parole faster. California corrections officials have more discretion than before in regard to granting early release credits.

Juvenile Offense Attorney

At the Law Offices of Katie Walsh, we specialize in defending juvenile offenders in California. Please contact our office if your juvenile son or daughter is facing criminal charges. Having the right defense attorney in your corner can make a significant difference; we can help you achieve the best possible outcome for your child.

With November 8, 2016, seemingly long behind us, it is time for California defenders, prosecutors and judges to change their ways with regard to juveniles. California voters supported putting an end to what is known as “direct file,” a law that gave prosecutors the authority to dictate which juveniles would be tried in adult criminal court.

Concerns over direct file had been voiced for years, since the majority of teens being tried in adult court were minorities. Prosecutors in a number of California counties had been quick to direct file minorities, glaringly disproportionate to the instances of young Caucasians being direct filed. With the passing of Proposition 57, which gives judges the power to decide which minors are tried in adult court. The decision grants every juvenile the right to a hearing before a judge can make the decision to transfer a suspect to adult court, The Juvenile Justice Information Exchange (JJIE) reports. With regard to Prop. 57:

“It allows a more deliberative approach, a more thoughtful approach and that’s the way it should work. It shouldn’t be a quick decision, made sometimes in as little as 48 hours, often with scant information,” said Daniel Macallair, executive director of the Center on Juvenile and Criminal Justice.

Naturally, there is a lot of work that needs to be done by everyone working in the field of juvenile justice, in order to ensure that the law works the way that is was designed. What’s more, Prop. 57 will lead to a number of adolescents, who would have historically been subject to direct file, staying within the juvenile courts, meaning the juvenile system will need to be prepared to offer services to significantly more teens, according to the article. Additionally, nobody is sure yet how Prop. 57 will apply to the thousands of teens who have already been transferred to the adult courts and are potentially serving time behind bars in adult jails and prisons.

The new law gives California judges a new criterion for deciding which juveniles should be sent up to adult court, the article reports. Judges will now take into consideration a juvenile defendant’s “ongoing development and potential to change” before making a decision that could forever change the course of one’s life.

“The things that a court will look at are much more helpful to teenagers than the previous criteria were. They’re much more developmentally appropriate,” said Sue Burrell, policy and training director for the Pacific Juvenile Defender Center.

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.

Over the summer, we wrote about what is known as “direct file,” where states prosecutors have discretionary power about which court system to try a minor: juvenile or adult criminal court. California is one of 15 states that allows prosecutors to dictate the severity of an offense, deciding which court a juvenile case should be tried.

We pointed out that, direct file is used more commonly in certain California counties and that minorities are disproportionately affected by the process. The Center on Juvenile and Criminal Justice found that black youth were 11.3 times more likely to be direct filed, compared to white minors. It should go without saying that being tried in the juvenile system is preferred over the adult-court, and the decision could seriously impact the future of a defendant.

California voters will decide on changing direct file, as part of Proposition 57, on November 8, 2016, KALW reports. Prop 57 seeks to reduce the prison population, save taxpayers millions and requires judges instead of prosecutors to decide whether minors should be prosecuted as adults, emphasizing rehabilitation for minors in the juvenile system.

“The race of the child and the county in which he or she commit this crime will determine whether or not he’ll be direct filed, not the severity of the crime,” says Frankie Guzman from the National Center of Youth Law “and that is not what we should be basing these decisions on.”

Teenagers who find themselves caught in the adult criminal system are at a severe disadvantage when it comes to rehabilitation. Prop 57 aims to give people a chance to turn their life around, rather than possibly condemn them to a life in the system.

“Not only are we denying the benefit of rehabilitation, we are ensuring all the negatives that the adult system carries,” Guzman says. “And so we often see young kids who really quickly have to grow and develop in a prison environment that is extremely violent.”

Instead of prosecutors deciding the fate of young people, minors would have a fitness hearing in juvenile court, the article reports. A judge will take a look at all the factors before deciding if a young defendant should be tried as an adult.

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.