When a juvenile is convicted of a crime in California, even minimum sentences can often be increased by sentencing enhancements. A recent bill introduced by a state senator would change that to some degree. Senate Bill 81 will affect California sentencing enhancements for juveniles and adults alike.

Tough on Crime Era

Many of the sentencing enhancements that have the potential to double an individual’s sentence came out of the “tough on crime” era of the 80s and 90s. Statutes such as the three strike law were enacted that could pose severe penalties on anyone who committed even a relatively minor crime. These enhancements have increasingly come under scrutiny as the costs of mass incarceration, both social and financial, are being more closely examined.

A study of these enhancements that were imposed from 2005 to 2017 found that they accounted for about one of every four years that were served in a jail or prison. The enhancements more than doubled the base term in many cases. About half were triggered by prior convictions. The other half was due to an individual’s conduct during the offense.

150 Separate Sentence Enhancements

In 2021, 40 years after the beginning of the tough on crime era, California’s penal code now has more than 150 separate sentence enhancements. These range from add-ons for possible gang association, which can affect many juveniles, to having a prior conviction or being on probation.

These added terms are routinely applied in almost every criminal case. Of those in state prison now, 80% are serving a longer sentence because of one or more of these enhancements. Over a fourth are serving sentences with at least three enhancements.

Committee on Revision of the Penal Code

Several key people testified to California’s Committee on Revision of the Penal Code that these added sentences need to be reduced or eliminated. In September 2020, former Governor Jerry Brown argued that it was time for California to get rid of all of them. Alternatively, he stated, state law should be reformed to give judges stronger guidance on when and how to apply them appropriately.

Prosecutors, including Santa Clara County District Attorney Jeff Rosen, testified as well. They stated that the use of sentence enhancements is out of control in the state. They added that, in many trials, the application of these extended prison terms gets more attention, by the defense and the prosecution, than the crime itself. During the committee meetings, the members heard additional testimony and studied research that showed that extended prison sentences do not improve public safety.

Senate Bill 81

Senator Nancy Skinner, D-Berkeley is a member of the California Committee on the Revision of the Penal Code, which was established by Governor Gavin Newsom and the state legislature. Senate Bill 81, introduced by Senator Skinner, reflects one of the 10 recommendations made by the committee, establishing judicial guidance on the use of sentencing. In May 2021, the bill was approved by the California Senate.

The bill will provide clarity on California sentencing enhancements by giving guidance to judges on how to apply the enhancements in the cases where there is clear and convincing evidence that, should they not impose the additional sentence, that it would endanger the public. SB 81 will guide judges in factoring in the following circumstances under which an enhancement should not be applied:

• Application of the enhancement would result in a disparate racial impact.
• Multiple enhancements are alleged in a single case. In this instance, all enhancements beyond a single enhancement shall be dismissed.
• The application of an enhancement could result in a sentence of over 20 years. In this instance, the enhancement shall be dismissed.
• The current offense is connected to mental illness.
• The current offense is connected to prior victimization or childhood trauma.
• The current offense is not a violent felony as defined in subdivision (c) of Section 667.5.
• The enhancement is based on a prior conviction that is over five years old.
• Though a firearm was used in the current offense, it was inoperable or unloaded.
• The defendant was a juvenile when they committed the current offense or prior offenses.

Now that it has passed the Senate, Senate Bill 81 will go to the state Assembly.

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.

In 2011, a landmark U.S. Supreme Court decision in Miller v. Alabama led California lawmakers to pass legislation that would give prisoners convicted as youths a second chance. One such individual is William Palmer, who at the age of 17 held an off-duty police officer at gunpoint demanding money. The Marshall Project recently examined Palmer’s case.

As a minor, Mr. Palmer ordered the off-duty officer to go to an ATM to withdraw cash. However, the victim was also armed and managed to fire a salvo of bullets at the perpetrator. Palmer was wounded in the knee and eventually apprehended.

The year was 1988, and it was a time when several states were simultaneously passing ‘tough on crime’ laws. As such, someone like Palmer could receive a life sentence for attempted armed robbery. The judge presiding over Palmer’s case decided to hand down a life sentence with the possibility of parole, according to the exposé. However, all of Palmer’s attempts to be released from prison were rejected by the parole board; Mr. Palmer was denied on ten separate occasions over the years.

Palmer was finally released from prison after filing an appeal, but he is not in the clear yet. His case is poised to go before the California Supreme Court.

The Supreme Court’s Decision Could Impact Thousands of Prisoners

Palmer was expelled from school in 10th grade and left home at 16, according to the article. There is a growing body of research that suggests that the decisions people make as young people are not a predictor of a life of crime — Mr. Palmer’s attorneys plan to cite those types of studies before the Supreme Court.

While in prison, Palmer did have a few minor infractions that may have influenced the parole board’s repeated rejections. However, Palmer’s time behind bars was not wasted; he earned a GED and an associate degree, the article reports. What’s more, he took part in programs to help him better understand the impact of his crimes.

The issue at hand, the California Supreme Court must decide whether the parole board took Palmer’s youth into account when they rejected his release. The Court of Appeal found that the parole board had not considered his age at the time of his crime and ordered the parole board to conduct another hearing which led to his release.

However, the California Attorney General’s Office asked the Supreme Court to review the case. If the justices side with Palmer, it could lay out a path to release for other young offenders serving lengthy sentences. If he loses, it’s back to prison, and Palmer will have to go before the board once again.

“I hope it means more people will see freedom earlier for things they did when they were children,” said Megan Havstad, Palmer’s lawyer.

California Juvenile Law Attorney

Please reach out to The Law Offices of Katie Walsh if your son or daughter requires legal assistance. Attorney Walsh has significant experience advocating for young people and their families. We invite you to request a free consultation to learn more about how we can help you during this difficult time.

The new year brought a new California governor, Gavin Newsom, and with him a plan to move the Division of Juvenile Justice to the state’s Health and Human Services Agency. Transitioning juvenile justice away from the corrections departments may result in significant changes for the better, but only time will tell. This Governor’s announcement came just before the release of a report highlighting severe issues at the four juvenile detention state facilities.

Data from the Division of Juvenile Justice et al. indicates that the state’s 650 incarcerated youths are 20 times more likely to have experienced use of force by staffers, compared to adult prisoners, Mother Jones reports. Moreover, over the last three-years, beatings have increased dramatically, juvenile detention staffers have become more aggressive, and attempted suicides are on the rise.

Up until February 2016, the California juvenile justice system seemed to be doing relatively well in regard to its handling of youth offenders. The reason being is that a 2003 lawsuit settlement led to a court-appointed special master who monitored the division to ensure the DJJ was treating youth detainees humanely, offering adequate medical care, and providing rehabilitative programs. More than ten years of oversight led a state court judge to rule that the agency was compliant and the special master no longer necessary. In three short years, a lot appears to have changed.

Use of Force Jumps Three-Fold

The alarming report indicates that youths housed in juvenile detention facilities were 49 percent more likely to be assaulted, compared to the special masters final year of oversight, according to the article. Researchers found that nearly a third of detainees have experienced a violent incident each month; and, youths involved in riots rose 13 percent in the year following the end of court monitoring.

Almost all young offenders interviewed for the report shared having witnessed or being subject to guard on inmate violence personally. DJJ use of force tripled in the year following the end of court monitoring. The analysis from the inspector general found that 45 percent of such incidents, including the use of pepper spray, were out of compliance with the agency’s policies.

State facilities saw three attempted suicides between August 2015 to July 2016. In the year following the end of the special master’s monitoring, there were ten attempted suicides. Youths interviewed for the report stated too often their medical needs were not taken seriously, and they were subject to long waits to receive care. In response to the startling findings, Ike Dodson, a DJJ spokesman, said in a statement to Mother Jones:

“While we acknowledge that the Division of Juvenile Justice (DJJ) works with some of California’s most challenged youth, DJJ has been on the frontline of reforming the way juveniles serve their time through education, programs, effective treatment and mental health services.”

We will continue to follow what comes of this report, but it seems likely some reforms will be on the horizon.

Orange County Juvenile Defense Attorney

Juvenile defense attorney Katie Walsh goes to significant lengths to ensure each of her client’s cases stands out from the others. Aided by her previous experience as a juvenile prosecutor, she is uniquely equipped to advocate for families whose children are facing legal difficulties. Please contact us today to learn how we can help you obtain the best possible outcomes.

It is probably not hard for most people to understand why youth in juvenile detention facilities usually do better in the long run than young people serving time in prison. Once a person is caught up in the adult criminal justice system, the likelihood of recidivism is exceedingly high. With that in mind and citing research, California Governor Jerry Brown is asking for $3.8 million in his final budget proposal to fund allowing youth offenders longer stays in juvenile justice facilities, The Sacramento Bee reports. The plan underwent review by the Senate Budget Subcommittee on Corrections, Public Safety and the Judiciary during a hearing on March 22, 2018.

As it stands right now, juvenile offenders in California can remain in Division of Juvenile Justice (DJJ) facilities until their 23rd birthday, according to the report. If a person’s sentence hasn’t come to an end by that time, the remainder is to be served in an adult correctional facility. Brown’s budget proposal, among other things, aims to lengthen stay caps in DJJ housing facilities. So, let’s take a look at what the proposal would mean for young people in the juvenile justice system if approved.

Rehabilitation, Not Recidivism

First, a California Department of Corrections & Rehabilitation (CDCR) report shows that 74.2 percent of youth released from a DJJ facility in 2011-12 were re-arrested within three years; even still, DJJ inmates had lower recidivism rates than youth prison inmates. More funding would cover the cost of keep youth offenders in DDJ housing until 25, mitigating the risk of a young person being transferred to adult correctional facilities, the article reports. The money would allow for juveniles, convicted in adult court, to serve their time in DJJ facilities if they can complete their sentence by their 25th birthday.

Lastly, Brown’s budget proposal would cover the cost of creating a young adult offender pilot program. The CDCR would be able to place 76 less dangerous youth offenders in two unique juvenile housing centers, rather than prison. The Legislative Analyst’s Office (LAO) projects juvenile detention is far more costly than adult prison, $80,000 versus $30,000 each year. Two years from now, the 2020 budget proposal would require $9.2 million annually to cover the costs of extended stays in juvenile detention. It is worth noting that it may cost more to fund longer stays up front, but it will save money over time, according to the LAO.

Frankie Guzman, director of the National Center for Youth Law’s California Youth Justice Initiative, supports Brown’s proposal; but, believes that community-based programs, instead of DDJ housing for less serious offenders, would be even more useful. Please take a moment to watch a short video on the subject here.

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 many ways. Please contact our office for a free consultation.

It’s no secret that kids are susceptible to influence and pressure from their peers. When such pressure comes by way of adults, or police officers for that matter, it can lead young people to do or say things that are incriminating. Children have rights and it’s important that their rights are protected, and it is up to adults to ensure those rights. Governor Jerry Brown agrees with that sentiment, which is why he signed some crucial pieces of legislation into law last month aimed at protecting children.

On October 11, 2017, according to Human Rights Watch (HRH), Gov. Brown signed bills that will protect children in police custody, limit prison terms for youth and young adults, and offer young people a chance to rebuild their lives. The bills address Miranda rights for youth, assuring opportunity for parole for minors, and extending youth offender parole.

“California is acting on research showing that our brains don’t mature until our mid-20s. These bills will ensure that the state’s youth are protected and given a second chance,” said Elizabeth Calvin, senior children’s rights advocate at Human Rights Watch. “California’s children and youth deserve the hope and real opportunities these new laws will give them.”

Opportunities for Youth Offenders

Senate Bill 395 (SB 395) prevents police officers from interrogating children 15 and under until after he or she has spoken with an attorney, HRH reports. Previously, children could waive their Miranda rights despite having little grasp on the implications of talking to police without parents or counsel present.

“Everyone has heard TV cops rattle off Miranda warnings, but in real life, youth don’t understand what those warnings mean,” Calvin said. “They especially don’t understand what can happen to them once they give up those rights. This new law will make sure children aren’t alone when making a crucial, complex legal decision.”

Senate Bill 394 (SB 394) gives opportunities for parole to young people who received life sentences for crimes they committed as minors. Such people will first be eligible for a parole hearing after completing 24 years of their sentence.

“No other country outside the US imposes life without parole sentences on children. By signing SB 394 into law, Governor Brown removes this shameful exception in California,” said Calvin.

Assembly Bill 1308, extends the special parole process called “Youth Offender Parole,” through the age of 25, the article reports. The previous cut-off for youth offender parole was 22, but research shows that people released through the process have had a low recidivism rate. It makes sense to extend the age restriction, giving more young people an opportunity to turn their life around.

Juvenile Offense Attorney

At the Law Offices of Katie Walsh, we specialize in defense of juvenile offenders in California. We can assist your child in obtaining a favorable outcome in their case. Please contact us today; we can help.