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.

Governor Jerry Brown signed two measures over the weekend relevant to juvenile justice in California, Senate Bill 439 and Senate Bill 1391. You may remember that we have covered both pieces of legislation at length in the last year; SB 1391 we wrote about as recently as last week when it was still uncertain that Brown would pen his name to the proposed bills.

On Sunday, Gov. Brown approved SB 439 which establishes 12 years as the minimum age for prosecution in juvenile court, unless the offense is murder or rape, The Sacramento Bee reports. He also gave SB 1391 his stamp of approval which eliminates the ability to try a defendant under the age of 16 as an adult, keeping more young people out of prison.

Juvenile justice reform is a cause championed by Sens. Holly Mitchell, D-Los Angeles, and Ricardo Lara, D-Bell Gardens. Both lawmakers have worked tirelessly in recent years to get SB 439 and SB 1391 to the Governor’s desk, and succeeded. The measures go into effect next year.

“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,” Brown wrote. He added, “My view is that we should continue to work toward a more just system that respects victims, protects public safety, holds youth accountable, and also seeks a path of redemption and reformation whenever possible.”

Cradle to Prison Pipeline

Please take a moment to watch a short video of Sen. Holly Mitchell, the coauthor of SB 1391, as she discusses the “cradle to prison pipeline.” You can find the video here.

As was mentioned in previous posts, not everyone in California is in favor juvenile justice reforms that aim to emphasize rehabilitation over incarceration. Various law enforcement groups object to both measures, according to the article. However, advocates for SB 439 and SB 1391 argue that teens don’t fully understand the ramifications of their actions – the difference between right and wrong – owing to their brains not being fully developed; they contend that incarceration increases the risk of committing more crimes down the road and recidivism.

“Children are not pint-sized adults. Instead, they should be cared for with an emphasis on rehabilitation — not warehousing,” Mitchell said.

California Juvenile Defense

Attorney Katie Walsh has the experience to advocate for families whose children are facing legal trouble effectively. Please contact the Law Offices of Katie Walsh require a juvenile defense lawyer in California. Attorney Walsh can help you obtain the best possible outcome for your son or daughter’s case.

Last summer, we discussed several bills being considered by the California State Senate, including Senate Bill 439 (SB-439). As is the case with most legislation we focus on, SB 439 centers on juvenile justice, explicitly keeping most youngsters under the age of 12 out of courtrooms and into alternative programs for discipline.

SB 439 made it through the Senate, and if the bill makes its way to the Governor’s desk, it would mean two significant changes for California counties with regard to the handling of children ages 11 and under. First, minors whose behavior and actions are cause for concern by authorities must be released to his or her parent, guardian, or caregiver; except, if the crime involves an act of murder or rape with force, violence, or threat of great bodily harm. Secondly, the bill requires counties to “develop a process for determining the least restrictive responses that may be used instead of, or in addition to, the release of the minor to his or her parent, guardian, or caregiver.”

Researchers at UCLA analyzed California Department of Justice data and found that only a small number of kids under twelve find their way into the clutches of the juvenile justice system, according to Press-Telegram. The analysis showed that eighty-five percent of the 452 referrals of 11-year-olds to the courts were closed or diverted from the system at the beginning of the cases. However, for the slight number of kids that are not so fortunate, the juvenile justice system can mark the start of more problems in life.

Strong Opposition to SB 439

“The vast majority of young children in California who’ve been accused of an offense are exhibiting behaviors or minor behaviors that did not require any justice involvement,” said State Sen. Holly Mitchell (D-Los Angeles), the bill’s co-sponsor. “Involvement with the juvenile justice system can be harmful to a child’s health and development.”

Sen. Mitchell’s views are not shared by law enforcement organization throughout the state and are pushing back hard trying to encourage those who are considering the legislation to bar its moving forward, the article reports. Last month, The Los Angeles County District Attorney’s Office reached out to the committee stating that the juvenile justice system is the only way to rehabilitate children and keep the public safe. Tamar Tokat from the L.A. County District Attorney’s office says there is “no alternative” to serious criminal cases involving children. Most of the bill’s opponents cite troubling cases involving the most extreme of offenses to make their point; the California District Attorneys Association, the California Police Chiefs Association, and the Chief Probation Officers of California are among those opposing SB 439’s passing.

We will continue to follow this story as it develops. As an aside, if you are on the lookout for some summer reading material, The Evolution of the Juvenile Court: Race, Politics, and the Criminalizing of Juvenile Justice by Barry C. Feld might be the book for you.

“As a juvenile court jurist of almost 20 years, a reformer for most of those years and an adjunct law professor, I can adamantly state that this book is not only a must read, but should be added to the reading lists of those studying juvenile justice, including law students,” writes Judge Steven Teske on the Juvenile Justice Information exchange.

Orange County Juvenile Defense Attorney

The Law Offices of Katie Walsh can help your son or daughter who is facing criminal charges or school expulsion. Our team of legal experts will advocate for your child and assist them in achieving the most favorable outcome in their case. Please contact us today.

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.