Wednesday, May 29, 2019

Criminal Justice Bills Pass Hurdles

criminal justice
The California Assembly and Senate’s fiscal committees met to determine the fate of several criminal justice bills this month. At which time speedy mass-hearings commence, often without public knowledge, to decide the fate of legislation, according to Witness LA. This process allows lawmakers to support or kill bills without having to vote one way or the other.

Bills that would cost the state more than $150,000 go into what is called “suspense files,” the article reports. Each May, committees meet to decide which legislation will move forward or be left behind for the time being. Suspense files are legislative storage containers.

For instance, Assembly Bill 1182 did not get the green light. The bill would have reduced parole time for people convicted of certain crimes and lowered the parole-service requirement time.

Now that the fiscal committees have met, we will discuss some of the criminal justice reforms that passed the hurdle. The bills include Assembly Bills 1076, 680, and 1331; as well as, Senate Bills 114, 555, and 716.

Criminal Justice Bills that Survived


Assembly Bill 1076 automates the expungement process statewide so that people are not affected by records that should have been wiped clean already. According to the article, around two million Californians are eligible to have offenses removed from their records.

Assembly Bill 680 aims to reduce the criminalization of people living with mental illness. The bill also requires all 911 dispatchers to receive mental health intervention training. Assembly Bill 1331 seeks to expand California’s collection of criminal justice system-related data.

Senate Bill 114 seeks to do away with criminal justice system fees, including:
  • Probation and diversion
  • Collecting restitution orders
  • Processing
  • Drug testing
  • Incarceration
  • Medical
  • Sealing or expunging criminal records
Senate Bill 555 would reduce commissary and phone call costs for jailed people and their families. Finally, Senate Bill 716 mandates court schools to offer post-secondary classes or vocational courses for juveniles out of high school.

Orange County Juvenile Defense Attorney


If your child is facing legal trouble or school expulsion, then it helps to have a juvenile justice expert to serve as your advocate. Please contact The Law Offices of Katie Walsh for a free consultation. Attorney Walsh is committed to helping young people get to the other side of their difficulties with the least amount of impact on their lives.

Tuesday, May 14, 2019

Appeals Court Upholds SB 1391

SB 1391 Upheld
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) 619-9355

Wednesday, May 1, 2019

Cal. Division of Juvenile Justice: Reorganization

juvenile justice
California Governor Gavin Newsom has big plans for the state’s Division of Juvenile Justice. Earlier this year, we shared that Gov. Newsom is proposing transferring control of the division away from the Department of Corrections and Rehabilitation. Soon, the California Health and Human Services Agency might be overseeing California’s young offenders.

The move is part of more than ten years of placing a greater emphasis on restorative justice. Experts tend to agree that when young people are given specific tools and support, they are more likely to change their ways. Research shows that punitive actions against young offenders, including detention, fuels a vicious cycle of recidivism.

On this blog, we make a sincere effort to apprise readers about novel approaches to the handling of juvenile justice. Research indicates that the majority of young individuals who find themselves suspended, expelled, or in trouble with the law, face enormous obstacles at home.

Many inmates in juvenile detention centers struggle with psychological or behavioral health issues. The goal is to put a stop to the school-to-prison pipeline in California and to get young people the assistance they require to succeed.

A new budget-related bill designates the proposed new agency the Department of Youth and Community Restoration, The Los Angeles Times reports. While the plan makes sense in theory, California probation chiefs have some significant concerns.

Chief Probation Officers Worry Over Reorganization


The plan to shift juvenile justice to the CHHS includes setting up a separate administrative office, according to the article. It also calls for a new training institute for officers and an internal oversight division.

It's come to light that those spearheading the shake-up never consulted with probation officials. Probation chiefs argue that they should be playing a more significant role in the proposed move. They also fear that the CHHS might struggle to provide adequate oversight or services, such as addiction treatment and life skills classes.

“It has taken decades to open lines of communication [with the California Department of Corrections and Rehabilitation]. Until we know what will be accompanying [the governor’s proposal], a change in address doesn’t really always make a difference,” said Karen Pank, the executive director of Chief Probation Officers of California. 

The Legislative Analyst’s Office states that the administration has not offered enough information about the proposal, the article outlines. A recent report from the LAO indicates that it is unclear if the transition will increase access to rehabilitation programs for youth offenders.

The nonpartisan government agency, which provides fiscal and policy advice to the California Legislature, suggests that reorganization might result in higher costs for the state. Moreover, the transition could mean that some young people are subject to a disruption in vital services.

Orange County Juvenile Defense Attorney


Parents of children, who are facing legal difficulties, can benefit from seeking the assistance of an experienced juvenile criminal attorney. Attorney Katie Walsh's legal experience in juvenile law makes her uniquely equipped to advocate for your family and help secure a favorable outcome.

Please contact The Law Offices of Katie Walsh today for a free consultation. (714) 619-9355