SACRAMENTO, Calif. – Juvenile-justice groups are planning to pack a public hearing today in Sacramento - to support a bill that would ban criminal prosecution of children under 12 unless they're charged with murder or rape.

Senate Bill 439 will be considered by the Assembly Public Safety Committee starting at 9 A.M.

Patricia Lee, president of the Pacific Juvenile Defender Center, says California currently has no minimum age for prosecution in the juvenile system.

"They're babies," she says. "They're not competent to understand the nature of proceedings. They cannot assist in their defense. It's a no-brainer."

Statistics show that in 2015, California authorities made 687 referrals to prosecute children under 12, including one five-year-old and 12 seven-year-olds. However, that constitutes less than one percent of the 87,000 juvenile arrests made in the state that year. Opponents of the law say prosecutors need to have discretion in deciding whether a child should be criminally prosecuted.

Lee suggests that children aged 11 and under accused of crimes should be offered help from the child-welfare, mental-health and behavioral-health systems because the juvenile-justice system isn't designed for them.

"When we see children being brought in, 11 and 10, sometimes 9 years old, the detention facilities are not equipped to work with these youths," she explains, "We see the very young who are brought into custody totally deteriorate."

This same bill, sponsored by state Senators Holly Mitchell D-Los Angeles and Ricardo Lara D-Bell Gardens, was introduced last year as a part of a package of six juvenile-justice reforms. Five of them passed, and this one was held over until this year's legislative session.


get more stories like this via email

A new report examined differences in state juvenile justice system financing, looking at how local control can improve outcomes.

The report, "Transforming Juvenile Justice Through Strategic Financing," compared seven states and highlighted Ohio's RECLAIM initiative as influential. RECLAIM began in 1993 and encouraged courts to implement community-based alternatives to youth incarceration, with the aim of decreasing the likelihood of repeated arrest.

Gabriella Celeste, policy director for the Schubert Center for Child Studies at Case Western Reserve University, said RECLAIM and its recent updates have transformed the state's juvenile justice system.

"In the last 10 years or so, it's really upped its game, the state of Ohio, in ensuring that the kinds of interventions are based on what works with kids," Celeste explained. "That's where we see the new kind of iterations of RECLAIM, the Targeted RECLAIM, and especially Competitive RECLAIM."

Ohio has seen declines in youth incarceration over the past two decades, with the average daily youth population in correctional facilities falling from nearly 1,700 in 2005 to around 500 in recent years. The number of young people on parole declined 84% over the same period.

The average cost to house a juvenile in prison nationally is estimated to be $500 per day, or more than $200,000 a year, with some states above $500,000. The report found community-based programs are far cheaper with some costing as little as $75 a day.

Celeste pointed out alternative placements have been effective at reducing recidivism and improving other measures of youth well-being.

"With kids we want to be thinking about other wellness-related outcomes," Celeste outlined. "Are they engaged in school? Are they discontinuing use of substances? Are they progressing with a treatment program? But we tend to just look at one thing when it comes to kids in the justice system, and that's recidivism, which is important, but safety includes a number of other factors."

Alternative placements often include community services, which can more readily meet individualized needs among kids in the justice system. Courts can mandate individual and family therapy along with addiction programs. Celeste said mentorship programs have also gained popularity.

"There's increasingly a recognition that people who themselves have had experience or lived experience, whether in the system or as family members connected with loved ones in the system," Celeste observed. "They are themselves, kind of credible messengers, and they can play a really effective mentoring role with kids and young people."

The report looked at funding dynamics and programs in 11 localities among the seven states.


get more stories like this via email

A Missouri children's advocate is urging the justice system to focus on healing for youths, noting trauma and broken relationships often drive their actions.

Research shows Missouri has seen fluctuating juvenile delinquency rates, with urban areas such as St. Louis and Springfield facing rising youth crime. The St. Louis Police Department reported a 57% increase in juvenile shooting incidents so far this year compared with 2024.

Alex Lecure, board president for the group Advocating For Children in Crisis and Transition, has fostered numerous at-risk teens. He emphasized people who have been hurt, hurt people.

"The response to that can't be, 'Here's the rules, and if you don't follow those, then there's going to be consequences.' It needs to be done to the context of a relationship," Lecure explained. "There's a lack of connection and positive connection in their lives."

Lecure acknowledged youths must face consequences for their actions but stressed rules without relationships lead to rebellion.

Statistics show exposure to childhood violence is associated with a 40% increase in violent behavior during adolescence, as well as struggles with mental health issues such as anxiety, depression and post-traumatic stress disorder later in life. Lecure highlighted a common thread seen in delinquent youths.

"The common thread of trauma that we see across many if not most delinquent youths is just absent parent, for whatever reason," Lecure noted. "Either, maybe Dad's not there and Mom's working two jobs and doesn't have the time of day, but not getting that solid foundation connection from your parents is a trauma on its own."

Lecure stressed the need for the juvenile justice system to address broken connections in youths' lives by restoring relationships or fostering new ones.


get more stories like this via email

A recent report is highlighting the need for a complete overhaul of the Illinois juvenile justice system. It called for a renewed rehabilitative focus while prioritizing the rights, needs and safety of children, which it argued is sorely lacking across the board.

The report by the Illinois Juvenile Justice Initiative found the majority of juvenile detention centers fail to meet even basic standards to keep children safe, which has opened counties up to lawsuits.

Katherine Buchanan, a consultant for the Illinois Juvenile Justice Initiative and the report's author, said the current state-subsidized, county-run model incentivizes the jailing of children and does not provide an ultimate authority on oversight, begging the question of why and how the state jails children.

"The timing is right to really look at when and why children are detained, and how we can really focus the use of detention on those most critical cases," Buchanan contended.

Buchanan pointed out research shows any length of detention has a poor outcome for children, especially those of color, and unnecessarily costs the state tens of millions of dollars each year.

The report found gaps across all centers in behavioral services and education, disciplinary actions and the use of solitary confinement. Overall, children of color are disproportionately impacted, coming into contact with the legal system at much higher rates than their white peers, even when they commit the same offenses.

Buchanan explained how childhood trauma increases the risk of delinquency in adolescents, and detention only serves to retraumatize an already at-risk population while compounding long-term consequences.

"Even short periods in detention can harm children in terms of their educational attainment, their ability to reengage in school, their mental health and also in terms of their long-term future earnings," Buchanan outlined.

The report called for legislation prioritizing community-based efforts and using detention as a last resort. A new bill was introduced last month to initiate efforts for juvenile justice reform across the state and largely mirrors the suggested solutions outlined in the report.