Juvenile offenders will no longer be sentenced to life without parole
We all know that teenagers are impulsive. Studies have proven that the brains of adolescents are not fully formed until the age of 25 — particularly the parts that control decision-making. In that respect, it often seems particularly cruel to sentence a teenage offender to a life sentence without the possibility of parole. Starting in 2018, this will no longer be the case, as a new law will eliminate this harsh punishment.
Under Senate Bill 294, which was signed into law by Governor Jerry Brown in October 2016, anyone under the age of 18 who was sentenced to life in prison without the possibility of parole will be entitled to a parole hearing after they have been in jail for 25 years. This effectively ends the “without the possibility of parole” portion of sentencing for defenders who were convicted before 2018. In addition, it ends the ability of judges to impose sentences of life in prison without the possibility of parole for juveniles (that is, anyone under the age of 18 at the time that crime was committed). According to a skilled criminal defense lawyer in Riverside, CA, this case follows a 2012 United States Supreme Court decision, Miller v. Alabama, where the Court determined that mandatory life without parole sentences for juveniles to be a “cruel and unusual punishment” under the constitution. The Supreme Court had already prohibited the death penalty for juveniles in 2005 in the case of Roper v. Simmons.
In addition to ending life without parole for juveniles, California law also has enacted a significant change in its juvenile justice system. Currently, the state charges “administrative fees” to parents and families, which can include court expenses, fees for participating in diversion programs, and costs for probation supervision. In California, these fees also include transportation, food, shelter, and care when a youth is held at a juvenile detention facility. If a juvenile is on probation, a family may be charged for probation supervision, home supervision, electronic surveillance, costs of legal services, administrative and application fees, an drug and substance abuse testing fees. If a family cannot pay theses costs, the youth may face longer probation, an extended detention in a juvenile facility, or significant debt. These fees have a greater impact on lower income families and communities of color, and may increase their involvement with the juvenile justice system. The new law eliminates the ability of counties to charge families for the detention and monitoring of juveniles. According to criminal defense lawyers in Riverside, CA, this will significantly ease the burden on families whose children have been charged with crimes as juveniles.
If your child has been charged with a crime, you will need a seasoned criminal defense lawyer in Riverside, CA to defend his or her rights. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn more about how we can help your child.
