Fair Sentencing for Youth Act Passed in CA, Gives Hope to Juvenile Offenders with Life Sentences

California Governor Jerry Brown recently signed into law the Fair Sentencing for Youth Act, which requires youth offenders sentenced to life without parole for crimes committed when they were minors to serve at least 25 years in prison before they become eligible for parole. Young offenders now have several opportunities to ask for a reduced sentence of 25 years to life, the first coming after a young offender has served 15 years in prison and shown signs of rehabilitation and remorse. An individual may also be eligible if they had an adult co-defendant.

An author for the Juvenile Justice Information Exchange and proponent of the act states that though the reform is modest, it declares to Californians that children are better than their worst acts and deserve a second chance at life. The author also proclaims that youth should be held accountable for their crimes and the harm caused in age-appropriate ways that may allow them to show their ability to become productive members of society.

Passage of State Bill 9

The passing of the new Fair Sentencing for Youth Act, also known as State Bill 9, follows several rulings made by the U.S. Supreme Court that have reformed the nation’s application of the most extreme punishment for youths. The ground-breaking rulings by the high court include: prohibiting the death penalty for juveniles in 2005; outlawing life without parole for non-homicide crimes committed by minors in 2010; and this year, barring states from imposing mandatory life without parole sentences for minors, which allows judges the discretion to consider lesser sentences and mitigating factors. The bill was introduced in December 2010, and State Bill 9 was later amended in May 2011.

Shift from Strict Juvenile Sentencing

In California, an estimated 300 inmates are serving life without parole terms which were received as juveniles, and supporters of the Fair Sentencing for Youth Act affirm that the U.S. is the only country in the world to allow children and juvenile offenders to die in prison. A national coordinator for Washington D.C.-based campaign for the act states that the new law “represents a significant shift away from harsh sentencing policies that ignore the unique characteristics of children”, adding that youth have great potential to become rehabilitated because they are still developing emotionally and physically.

The newly passed act requires a statement of remorse and rehabilitation, and permits three hearings for a youth sentenced to life without parole. This essentially creates a periodic review process of the progress of individuals sentenced to life without parole for crimes committed as youth.

Preserving the Rights of California Youth

The Universal City juvenile criminal defense lawyers of Takakjian & Sitkoff, LLP have dedicated their careers to defending the rights of individuals facing criminal charges in southern California. As such, our knowledgeable legal team recognizes that juveniles need aggressive legal representation in order to protect their future. As advocates for our state’s youth, we will work attentively to ensure your child receives the outstanding representation he or she needs to get the best results in their case. For a complimentary consultation regarding your loved one’s case, call (866) 299-4111.