USC PJCP & PJDC Will Co-Host A Juvenile LWOP Sentencing Forum, Friday, June 6, USC

The USC Post-Conviction Justice Project and PJDC will be co-sponsoring a Juvenile LWOP Sentencing Forum to discuss sentencing hearings for juvenile offenders under Penal Code 190.5 after Guttierez and SB 9 Amendments to Penal Code 1170(d)(2). It will be an all-day event on Friday, June 19, 2015, from 9:30 am to 4:00 pm at the …

New Published Decision (First District) – Prop 47 Relief Applies to Negotiated Dispositions in Delinquency Cases

In T.W., A144528, a published decision, the First District held Proposition 47’s “retroactive resentencing provision” applies to negotiated dispositions in delinquency cases. Enacted through Proposition 47, Penal Code Section 1170.18 allows juveniles to petition for resentencing or a reduction of sentence. The District Attorney argued that Section 1170.18 does not apply to prior plea dispositions …

NJDC Features PJDC President, Patti Lee, As Trailblazer in Juvenile Justice Reform

Patti Lee has been a powerful force in juvenile justice reform for over thirty years. A tireless advocate for the fair and humane treatment of youth, Patti began representing young clients in 1981 in the San Francisco Public Defender’s Office Juvenile Division, where she currently serves as the managing attorney.

Patti Lee’s leadership in promoting …

Second District Applies J.D.B.’s “Reasonable Child” to Miranda Invocation

Art T, B251083, holds: 13-year-old boy’s statement—“Could I have an attorney? Because that’s not me”—made during the course of a custodial interrogation after watching a video of a shooting was an unequivocal and unambiguous invocation of his rights under Miranda.

What’s great about this case is it extends J.D.B.’s reasonable child standard in the context …

New Published Decision By First District Court of Appeal On Out-Of-State Placement

In Khalid B., A140708, a published decision, the First District found the juvenile court abused its discretion by imposing an out-of-state placement because there was no substantial evidence in-state facilities were unavailable or inadequate to meet child’s needs.  Congratulations Jeremy Price!

 

Here is the opinion: http://www.courts.ca.gov/opinions/documents/A140708.PDF

Gov. Brown Signs Legislation to Help Foster Children in the Juvenile Justice System

On Friday, September 26, 2014, Governor Jerry Brown signed AB 2607 into law.  This legislation, introduced by Assemblymember Nancy Skinner, provides additional protection to foster youth who “cross over” into the juvenile justice system.  AB 2607 provides that foster children must never receive more punitive treatment than other minors in the delinquency system by being …

Gov. Brown Signs PJDC-Supported Bill to Help Young Prisoners

On September 27, 2014, Governor Brown signed into law AB 1276.  The new law will require the California Department of Corrections and Rehabilitation to conduct committee-based, specialized review of each person under age 22 entering prison to consider placing them at a lower security level facility with increased access to educational and self-help programs.

This …

Gov. Jerry Brown Signs SB 1038 Into Law Authorizing Automatic Sealing of Juvenile Records

On August 22, 2014, Gov. Jerry Brown signed into law SB 1038, which provides the automatic sealing of juvenile records in cases where the youthful offender successfully completes all court-imposed sanctions. Existing law already allows for the sealing of non-violent juvenile records, but requires a young person to petition the court in order to initiate …

The California Supreme Court Reverses Juvenile Graffiti Cleanup Restitution Order Based on “Cost Model” in Luis M.: Big Win for PJDC’s Rourke Stacy

In In re Luis M., S207314, the City of Lancaster averaged costs of graffiti cleanup to determine the child’s restitution award. In a unanimous opinion on June 19, 2014, California’s highest court rejected this approach, reaffirming the long standing principal that restitution under Welfare and Institutions Code section 730.6 “must have some factual nexus …