Los Angeles Times

State high court sides with youths

Ruling says 50 years is too long for juveniles to serve for sex crimes

- By Maura Dolan

The California Supreme Court decided Monday that juveniles may not be sentenced to 50 years or longer in prison for kidnapping, rape and sodomy.

In a 4-3 ruling, the state high court said a 50-year sentence for minors was “functional­ly equivalent” to life without parole.

“A young person who knows he or she has no chance to leave prison for 50 years ‘has little incentive to become a responsibl­e individual,’ ” wrote Justice Goodwin Liu, citing a 2010 U.S. Supreme Court decision that severely restricted life sentences for juveniles.

The California court ruled in favor of Leonel Contreras and William Rodriguez, who were 16 when they attacked two teenage girls in San Diego County in 2011.

Rodriguez was sentenced to 50 years to life and Contreras to 58 years to life.

The court majority said the sentences constitute­d cruel and unusual punishment by depriving the inmates of a chance of parole until their senior years.

The U.S. Supreme Court’s “observatio­n that juveniles have limited ability to consider consequenc­es when making decisions applies to a sentence of 50 years to life just as it does to a sentence” of life without parole, Liu wrote.

“A judgment that a juvenile offender will be incorrigib­le for the next 50 years is no less ‘questionab­le’ than a judgment that the juvenile offender will be incorrigib­le ‘forever,’ ” Liu continued, citing the high court.

He was joined by Justices Ming W. Chin, Mariano-Flo-

rentino Cuéllar and Leondra R. Kruger.

Liu said the decision did not minimize “the gravity of defendants’ crimes or their lasting impact on the victims and their families.” Rodriguez and Contreras have plenty of work to do if they want to persuade a parole board someday to release them, the court said.

Chief Justice Tani Cantil Sakauye, in a dissent, argued that lengthy sentences for juveniles are lawful as long as there is a chance for parole within their lifetimes.

“Profound life experience­s still may lie ahead of someone released from prison at age 66 or 74,” she wrote.

She also argued that Rodriguez and Contreras might be able to obtain parole at age 60 under California’s Elderly Parole Program, designed to release aged inmates to save the state the costs of their healthcare.

Even without that program, she said, Rodriguez might be eligible for parole at age 57 by earning credits for good conduct.

“A sentence affording an opportunit­y for parole at age 60 offers a juvenile offender a substantia­l likelihood of spending not just a few, but many productive years outside of custody, if he or she demonstrat­es sufficient maturity to secure parole,” Cantil-Sakauye wrote.

She was joined by Justice Carol A. Corrigan and Los Angeles-based Court of Appeal Justice Sandy R. Kriegler, filling in because of a vacant seat on the high court.

 ?? Jeff Chiu Associated Press ?? JUSTICE Goodwin Liu said 50-year terms are essentiall­y life sentences.
Jeff Chiu Associated Press JUSTICE Goodwin Liu said 50-year terms are essentiall­y life sentences.

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