California lawmakers have proposed legislation that would allow some juvenile offenders serving life sentences without the opportunity for parole the chance for a parole hearing. In August 2011, the California State Assembly voted on S.B. 9 and it failed by just one vote. However, the Assembly will give the bill another hearing in early 2012. It is important for people to understand the current law on California juvenile offenses - particularly juveniles with life sentences and how the bill would change the system.
Differences Between the Juvenile and Adult Court Systems
Historically, California and other states have had a separate justice system for those who commit crimes before age 18. The state's juvenile justice system tends to emphasize rehabilitation and treatment for youth, as opposed to the adult criminal justice system where punishment is the main objective.
In the juvenile system, there is no right to a jury trial and no right to post bail. In recent years, however, more and more teenage offenders have been certified to stand trial adults in the adult system. County prosecutors have discretion to initiate requests for such certification. But the certification - transfer from the juvenile to the adult system - does not happen without court approval.
Current Law on "Juvenile Lifers"
Juvenile offenders between 14 and 18 who have committed adult-like crimes like homicide or rape can be tried as adults in the adult criminal justice system. If the offender is 14 or under, however, the juvenile court hears the case.
In some instances, the court may sentence a juvenile offender to life in prison without parole. California currently has 295 inmates serving sentences without the possibility of parole for crimes they committed before the age of 14.
Proposed Changes to the Law
S.B. 9 would apply only to those who received sentences for crimes they committed before age 18. The bill would allow those with juvenile life without parole sentences to petition a judge to commute the sentence to a 25-years-to-life sentence after they serve 15 years of their sentences. The benefit of a commuted sentence to those in prison is that the prisoners could petition for a parole hearing.
The offender would then have three opportunities to convince the parole board that he or she has been rehabilitated while serving his or her sentence. The first opportunity would be after serving 15 years; the second would be after 20 years; the third would be after 25 years.
The California juvenile law system is different from the adult criminal justice system, but juveniles can face serious consequences when they are in the system. Judges do have the power to lock up an offender in the juvenile system for life, just as a judge in the criminal justice system may do to an adult. If your child is facing criminal charges, contact an attorney who can advocate for the child within the juvenile justice system.
