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.

Just over a year ago we covered a subject that is of particular importance to adolescents caught in the juvenile justice system and their families, Senate Bill 190 (SB-190). At the time, the piece of legislation which, if passed, would prohibit the collection of fees in the juvenile-justice system across the state, was before the California state legislature. In the time since the bill was approved and signed by California Governor Jerry Brown.

Fines and court fees can add up quickly even when the offense in question is relatively minor. Given that most young people do not have a source of income sans what they get from their mother and/or father, the costs of young people breaking the law tend to become the burden of parents. What’s more, debt generated from the past transgressions in one’s youth, don’t disappear upon release; some families continue to chip away at debt long after their son or daughter earn his or her freedom.

Since January 1, 2018, counties across the state have put a stop to collecting juvenile court fees per SB-190; yet, families throughout California are still whittling away at debts accrued before the law came to fruition. San Mateo County Board Supervisor David Canepa, along with former juvenile offender Daniel Casillas, are tirelessly working to end the collection of any juvenile justice fees still owed to the county, The San Mateo Daily Journal reports. Daniel Casillas, who was released from detention just before he turned 18 about four years ago, now serves on the county’s Juvenile Justice and Delinquency Prevention Commission.

Beyond Senate Bill 190

The passing of Senate Bill 190 brought with it a massive relief for thousands of California families moving forward, yet it did not do much for those who already paid their physical debt to society but still owe financially. Since the age of 13, Casillas (21) was arrested more than 20 times for non-serious offenses and a series of probation violations. The arrests and detentions that followed generated incarceration and legal representation fees, according to the article. Years after his release, Daniel’s family are still paying the county.

“Their number one reason for moving here was to provide their kids a better opportunity,” Casillas said. “I think they’ve kind of had to delay their hopes and work extra hard because of financial burden, because of my own adolescence.”

Supervisor Canepa introduced a juvenile court fee write-off for families like the Casillas. If the proposal is approved, it will afford relief to more than 6,000 families owing collectively around $12.6 million.

“When it comes to criminal justice, when you do the crime you have to pay the time,” said Canepa. “But when you pay the time, you shouldn’t be saddled as a juvenile with the debt for the rest of your life.”

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.

In June, we wrote about California Senate Bill 190 which was written to help the families of minors charged with crimes. The costs to families associated with juvenile offenses can be immense and mind boggling, as we mentioned before. SB 190 was crafted to ease some of the burden, banning the collection of fees in the juvenile-justice system across the state.

SB 190 is not the only piece of legislation in the works with the aim of assisting both juveniles and their families. These are bills, whose authors are hopeful will lead to changes in other states, placing greater focus on prevention and rehabilitation, rather than punishment. Together, California State Sens. Holly Mitchell and Ricardo Lara introduced four bills that could greatly help thousands of families across the state, Youth Today reports. The director of the National Center for Juvenile Justice, Melissa Sickmund, says:

“Some states may look at California and say if California can do it with all those kids, wow, then maybe we can do it, too.”

Juvenile Justice Changes

Aside from SB 190, there are three other important pieces of legislation that have been introduced. You can read a brief description of them below, for more information you can click the associated links. If approved:

• SB 394: writes into state law a U.S. Supreme Court decision whereby minors can’t be sentenced to life without parole.
• SB 395: requires minors speak with an attorney before waiving any legal rights.
• SB 439: keeps children 11 and under out of the juvenile justice system.

Thus far, only SB 439 has made its way through the California Senate, according to the article. The others are still awaiting a green light from the legislative body, after which the State Assembly must approve similar bills. The last step is Governor Jerry Brown signing the bills into law, probably sometime this fall.

“I feel optimistic that our entire juvenile justice and equity package will be signed into law,” said Sen. Mitchell. “My colleagues in the Legislature and the governor’s office have heard the general public loud and clear in their approval of Proposition 47. The people have demonstrated their desire for a shift away from a punitive orientation system, to a new approach that focuses on prevention, and rehabilitation.”

Juvenile Justice Help

The four bills in question can make huge difference, across the state. If you have a son or daughter who has been charged with a crime, please reach out to us for help. Attorney Katie Walsh and her team can answer your questions, and help your child achieve the best possible outcome.