The Mercury News Weekend

Youths cannot be tried as adults

Jurists unanimousl­y uphold amendment to Prop. 57 for juveniles ages 16 and under

- By Robert Salonga and Nate Gartrell Staff writers

SAN FRANCISCO >> In a landmark ruling, the California Supreme Court on Thursday upheld a state law barring children younger than 16 from being charged as adults, rejecting arguments from prosecutor­s that it unconstitu­tionally revoked judges’ authority to decide in which court to charge a youth offender.

The ruling is a victory for justice-reform proponents, who championed the law, Senate Bill 1391 — passed by the Legislatur­e in 2018 and which took effect in 2019 — on the basis that it does not improve public safety to charge teens as adults, founded on prevailing research about how their brains aren’t fully developed.

The 7-0 decision stemmed from a case in Ventura County where a 15-year-old was charged with two counts of murder.

State Insurance Commission­er Ricardo Lara, who authored SB 1391 as a state senator, lauded the outcome in a tweet Thursday.

“As I said when my bill #SB1391 passed the Legislatur­e — ALL children are redeemable,” Lara wrote. “Today the Supreme Court upheld that principle and took another huge step toward fairness in our juvenile justice system.”

The case hinged on an interpreta­tion of Propositio­n 57, passed by voters in 2016, which changed rules for juvenile justice, revised sentencing rules and changed how good behavior credits are calculated for jail and prison sentences. At issue before the court was whether Lara’s bill legitimate­ly amended

that voter-approved propositio­n, in line with its original intent. The court said it did.

“The amendment is fully consistent with and furthers Propositio­n 57’s fundamenta­l purposes of promoting rehabilita­tion of youthful offenders and reducing the prison population,” Associate Justice Joshua Groban wrote in the decision. “We therefore uphold Senate Bill 1391 as a permissibl­e amendment to Propositio­n 57.”

The difference­s between adult and juvenile court are vast; people convicted as adults are eligible for life sentences while people convicted as juveniles are rarely held past their 25th birthday, even for murders. The adult court system is more punitive by nature whereas juvenile court systems place a greater emphasis on rehabilita­tion.

“The opinion means the state will not return to a practice that is harmful to youth and communitie­s. Now the state will focus on rehabilita­ting young people,” Elizabeth Calvin, a senior advocate for Human Rights Watch, said in a statement. “Research shows that rehabilita­tion works: Youth who are sent to the adult system miss out on the treatment, education and services offered in the juvenile system. Youth kept in the juvenile system are less likely to commit new crimes.”

Charisse Domingo, a participat­ory defense organizer with the South Bay socialjust­ice organizati­on Silicon Valley De-Bug, which supported the bill, said that “more important than its constituti­onality, at its heart SB 1391 was always about believing in the potential of young people to grow and thrive, and reversing the punitive and racist punishment system that equates public safety with incarcerat­ion.”

Much of the opposition to SB 1391 was shouldered by county prosecutor­s, such as Santa Clara County District Attorney Jeff Rosen and Santa Cruz County District Attorney Jeff Rosell, who called Thursday’s decision outrageous, and families of victims of high-profile killings involving teen defendants. Those cases included that of Jae Williams, one of two teens who stabbed 15-year-old Michael Russell in San Jose 2009 in what became known as the “thrill kill,” or Devil Boys murder and the 2015 slaying of Madyson Middleton in Santa Cruz, allegedly by then-15-year-old Adrian Gonzalez.

“Based on the way it looks right now, the Supreme Court ruling on Senate Bill 1391 is controllin­g. It is sort of definitive,” Rosell said. “It affects not just (the Gonzalez case), but a few other cases that we have in this office and numerous cases across the state.”

Not all prosecutor­s agree. After the law took effect, a prosecutor in Contra Costa County refused to preside over a murder plea deal where a 15-yearold boy was sentenced to seven years for murdering a 20-year-old woman. District Attorney Diana Becton discipline­d him after finding his refusal had disobeyed her order not to challenge the constituti­onality of the law. In a statement Thursday, Becton praised the high court decision.

“Today’s unanimous decision by the Supreme Court is an important moment for the criminal justice system to give children a chance at rehabilita­tion for crimes they committed during their youth,” she said. “The juvenile justice system currently is not working.”

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