Young people are better served when they receive treatment for the issues that led to their criminal acts than when they are simply incarcerated for their offenses. This opinion has been reinforced by research and is trending in approaches seen throughout the US. Recent surveys have shown that public opinion favors rehabilitation for juvenile offenders.

Agreement Across All Lines

A 2017 poll showed that there is agreement across racial and political lines that the juvenile justice system should place more emphasis on rehabilitating juvenile offenders and place far less emphasis on punishment and prison. The majority of survey participants said that these youth deserve a second chance and that society in general is also better off when the teens are helped rather than incarcerated.

The study was sponsored by the Youth First Initiative. Liz Ryan, CEO of the initiative, said that “the poll shows policymakers that they should be doing this. Young people should be given opportunities, not punishment. You can hold people accountable without incarceration.”

Education and Preventive Measures

More than three-fourths of the poll’s participants said they favored education and preventive measures over an approach of punishment. 90% of the respondents said that families should be involved in designing treatment and rehabilitation plans for youths charged with crimes, a slight increase over the previous year’s survey results.

In addition, 94% said that the most important job of the juvenile justice system is to make sure youth get their lives back on track and learn how to refrain from a continued life of crime. Marcy Mistrett, CEO of the Campaign for Youth Justice, commenting about those results, said, “I think the general public understands that locking up kids leads to more crime, not less. If you treat people with dignity and provide services you can actually help reduce crime.”

Rehabilitation Works

The survey results show that people in the US support youth criminal justice reform, particularly as they believe that rehabilitation works. They also believe that young people who have committed a delinquent act are capable of positive change. The survey respondents also say that rehabilitation can save taxpayer dollars over incarceration.

Among the poll respondents, 79% agreed with the statement that “When it comes to youth who have committed delinquent acts, the best thing for society is to rehabilitate them so they can become productive members of society.” Also, 78% agreed that “The youth justice system should provide youth with more opportunity to better themselves.”

Recidivism Rates

The rate of recidivism, or a return to jail for another crime after serving one sentence, is high among juveniles who are incarcerated. The numbers show that:

• 66% of juveniles who have been arrested will become repeat offenders within 24 months. In fact, 49% of young people become repeat offenders within the first year.
• The recidivism rates among males is 70% of offenders in the 24 months after being first arrested.
• The recidivism rates among females is 43% of offenders in the 24 months after being first arrested.
• 44% of repeat juvenile offenders are re-arrested for a felony.

Rehabilitation Efforts

Additional research studies have shown that there is a high rate of mental health problems among juvenile offenders, with one in five estimated to suffer from severe functional impairment as a result. There has also been a reported association between mental health problems and mortality in incarcerated juveniles, including an elevated suicide rate for male youth. These mental health problems must be a target in interventions for juvenile offenders as there is a clear need for effective interventions which address both the clinical and the criminal behavior needs of these individuals.

Relationships with their family and with their peers have also been recognized as key factors in the criminal behavior profile of juvenile offenders. Rehabilitation for these youth should involve a family-focused intervention focused on those characteristics related to anti-social behavior, including their family relationships and their associations with their peers. Evidence suggests that these are beneficial rehabilitation approaches.

As opposed to incarceration, behavior therapy has been associated with a significant reduction in the likelihood that the juvenile will re-offend. When the youth participate in these therapy sessions, they are significantly less likely to become involved in serious and violent offending.

Another aspect of rehabilitation includes education and skills-based training. An important aspect of successful rehabilitation, an improvement has been shown in areas including self-belief and protection against future criminal activities when youth are engaged in a positive way in meaningful activities that will improve their vocational and intellectual skills.

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.

Coming into contact with the juvenile justice system can have a lasting impact on a person’s life. Once arrested and placed into a detention center, the likelihood of it occurring again exponentially increases. In most cases, young people who get into trouble with the law are better served by alternatives to incarceration.

Reducing recidivism among young Americans must be a chief priority in the U.S. Our adult prisons are overcrowded thanks to the imprisonment of hundreds of thousands of nonviolent offenders. Mandatory minimum sentencing laws have not helped either; although efforts have been made to roll back draconian sentencing laws in recent years.

Many people currently serving time in adult jails and prisons had interactions with the juvenile justice system. It stands to reason that doing a better job rehabilitating young people could prevent scenarios like that from happening.

The Children’s Defense Fund (CDF) is an organization dedicated to rehabilitating youths and prevent recidivism. The organization writes:

“We work to ensure more humane and rehabilitative prevention and treatment for all children who come in contact with the juvenile justice system, especially children of color who historically have been disproportionately impacted.”

To stop the criminalization of children and ensure justice for all youth, the CDF calls for: more federal resources for youth justice reform, closing youth prisons and investing in restorative, community-based solutions, and putting an end to solitary confinement for children.

New Report on Juvenile Delinquency Rates

Researchers at Frontpoint Security analyzed data from the Office of Juvenile Justice and Delinquency Prevention to find the number of arrests made per 100,000 young people between the ages of 10 and 17, Patch reports. They sought to determine which states had the highest and lowest youth delinquency rates. For instance, California ranked 37th overall.

The research only looked at two types of crime: juvenile larceny (stealing without threatening anyone) and juvenile robbery (stealing by force or threat). In 2017, there were 73 juvenile robbery arrests and 264 juvenile larceny arrests in California, according to the article. Over 300 arrests may seem like a lot until you look at Maryland and Louisiana.

Maryland had 205 juvenile robbery arrests in 2017, the highest rate in the country. The data indicate that Louisiana topped the chart for juvenile larceny arrests with 1,173. Maryland came in first for the highest juvenile theft rates, and Louisiana came in second. West Virginia had the lowest teenage arrest rate.

Fortunately, there is evidence that juvenile delinquency is on the decline. Organizations like the CDF are helping to make even more significant reductions a reality. Frontpoint Security writes:

“… there’s hope for children and teens who have committed crimes—rehab programs that take a therapeutic approach can help them reverse course, and juvenile justice advocates work hard to give them a second chance.”

Orange County Juvenile Defense Attorney

If your son or daughter has been arrested for larceny or robbery, then please contact The Law Offices of Katie Walsh. Attorney Walsh is a former prosecutor which means she has a unique understanding of both sides of the courtroom. She can help your family find a favorable outcome to this unfortunate situation.

In May, we wrote about the First District Court of Appeal in San Francisco rejecting Solano County’s challenge to Senate Bill 1391. At the time, we pointed out that California counties would likely continue to take issue with this controversial piece of legislation.

For those who don’t know, SB 1391 bars prosecutors from trying 14- and 15-year-olds as adults. The bill is part of a broad effort across the state to place a greater emphasis on rehabilitation for young people on the wrong side of the law.

Last week, advocates of SB 1391 received another victory when a state appeals court in Sacramento ruled the law is constitutional, The Sacramento Bee reports. The bill is meant to serve as an extension of the reforms laid out in 2016’s Proposition 57.

Naturally, many prosecutors across the state are unhappy with last Wednesday’s ruling. District attorneys and victim families are some of SB 1391’s staunchest opponents.

Next Stop, The California Supreme Court

“Senate Bill 1391 does not conflict with Proposition 57, but advances its stated intent and purpose to reduce the number of youths to be tried in adult court, reduce the number of incarcerated persons in state prisons, and emphasize rehabilitation for juveniles,” the appellate court wrote.

The decisions, in San Francisco last month and in Sacramento a week ago, to support the new legislation all but guarantees that the California Supreme Court will take up the matter. Much is at stake for both young defendants and the families who would like to see justice for their loved ones.

“We have received the Court of Appeal’s decision and we are considering the option of further appellate relief,” said Sacramento County Assistant Chief Deputy District Attorney Rod Norgaard.

Before Prop. 57, prosecutors were permitted to charge 14- and 15-year-olds as adults in severe cases. Being tried in adult criminal court and being found guilty carries much longer sentences than what is handed down in juvenile court. SB 1391 prevents moving youths under 16 to adult court.

At the Law Offices of Katie Walsh, we will continue to follow this remarkable story as it develops.

Southern California Juvenile Defense Attorney

Attorney Katie Walsh’s experience, both as a former prosecutor and juvenile defense attorney, makes her uniquely equipped to advocate for your loved one. Please contact us today for a free consultation and to learn more about how we can help your family. (714) 351-0178.

At The Law Offices of Katie Walsh, we are following Senate Bill 1391 developments closely. Some of our readers may remember that SB 1391 bars prosecutors from filing motions to transfer youths under 16 to adult court. In a previous post, we wrote about how some district attorneys believe the legislation is unconstitutional.

Solano County prosecutors, for instance, challenged the new law signed by former Gov. Jerry Brown. They argued that SB 1391 violated a 2016 ballot measure permitting juvenile-court judges to send youths’ cases to adult criminal court, according to the San Francisco Chronicle. Solano County isn’t alone; several other counties are challenging the new law as well.

This month, the First District Court of Appeal in San Francisco rejected Solano County’s challenge, upholding the law, the article reports. The decision is a victory for juvenile justice advocates, but the issue is far from settled. It is likely that the California Supreme Court will have the final say in the matter ultimately.

Boiling Down SB 1391

In 2000, a ballot measure was passed allowing district attorneys to bring charges against 14-year-olds in adult criminal court for “serious” crimes. DAs had full discretionary power in deciding which youths got transferred. They did not require permission from judges.

Proposition 57 repealed the ballot measure in 2016, according to the article. The change meant that DAs wishing to transfer youths to adult court had to seek a transfer from a juvenile court judge first. Judges would then weigh several factors before deciding to allow or deny a transfer.

SB1391 put a stop to all attempts to move youths under 16 to adult court. The bill prohibits the transfer of 14- and 15-year-old offenders to adult criminal court in nearly all circumstances. The First District Court of Appeal in San Francisco decided that SB 1391 does not conflict with Prop. 57. Moreover, Justice Alison Tucher said that SB1391 “is consistent with and furthers Proposition 57’s goal of emphasizing rehabilitation.”

The appeals court ruling was unanimous, 3-0. Justice Turner writes:

“SB 1391 takes Proposition 57’s goal of promoting juvenile rehabilitation one step further by ensuring that almost all who commit crimes at the age of 14 or 15 will be processed through the juvenile system.”

The district attorney’s office could appeal the decision to the state Supreme Court. We will continue to monitor SB 1391 in the coming months.

Orange County, CA Juvenile Criminal Attorney

Please contact The Law Offices of Katie Walsh to learn how we can help your son or daughter. Attorney Walsh has the experience to advocate for your family and help bring about the best possible outcome. We understand that choosing the right firm to defend your child is not a simple task, but it is vital that families opt for one that is seasoned in juvenile court.

Katie Walsh is a former district attorney and a juvenile defense specialist. She is uniquely equipped to help young people overcome legal troubles. Please reach out to us today for a free consultation. (714) 351-0178.

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

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

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

HHS Could Take Control of California’s Juvenile Justice Division

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

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

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

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

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

Orange County Juvenile Defense Attorney

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

While the U.S. Supreme Court deems access to social media platforms protected by the First Amendment, that doesn’t mean that some people can’t be restricted. A California state appeals court ruled that a “narrowly tailored” limit on social media use for a juvenile on probation was legal, NextGov reports. When reviewing the case in question, AA v. The People, the court of appeals wrote in summary:

One of the goals of the juvenile law is reformation and rehabilitation of the minor’s attitude so that he respects the rights of others. Here, appellant seems to think that his felonious conduct is a springboard for braggadocio on the internet. Appellant has First Amendment freedom of speech rights. But the juvenile court may curtail such rights in an appropriate case by a narrowly tailored condition of probation. This is an appropriate case.

The U.S. Supreme Court has called social media platforms the new public square, protected by the 1st Amendment; however, the terms of an individual’s probation or parole can restrict access to such platforms for rehabilitation purposes and to protect victims.

The Right to Access Social Media

The Supreme Court ruling in Packingham v. North Carolina, that social media use was protected, involved a North Carolina law that made sex offenders having any social media presence at all a felony, according to the article. In AA v. The People, the juvenile was only restricted from posting about his offense during his probation.

Conditional release typically comes with restrictions on freedom. Social media use is a right to people under normal circumstances, but not when a person is a ward of the state. What a person does and how they communicate with others can, as seen in the above case, restrict the use of social media which is liable to make any young person upset and in said case appeal.

Orange County Juvenile Justice

Please contact the Law Offices of Katie Walsh for a free consultation if your son or daughter requires legal assistance. Attorney Walsh and her team can advocate from your family and help you obtain the best possible outcome.

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.