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.


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More than half of U.S. states have already banned life sentences without the possibility of parole for juveniles. North Carolina isn't one of them - yet.

In a panel discussion with the North Carolina Task Force for Racial Equity in Criminal Justice, state Rep. Jon Hardister, R-Whitsett, said he backs the need for a scientific approach to address the issues of youth development and criminal justice.

"There needs to be retribution, punishment and so forth, and justice, when certain crimes are committed," he said, "but if the brain is not fully developed, I think we have to take that scientific fact into account."

Many advocates have argued that a sentence without the possibility of hope or incentive for self-improvement for the young offender falls short. However, critics of ending the threat of life sentences have voiced concerns about the impact on victims and public safety.

Also on the panel, North Dakota state Sen. Diane Larson, R-Bismarck, highlighted her state as an example of banning juvenile "life without parole" sentences. With unanimous approval of legislation in 2017, Larson said, North Dakota has prioritized the role of the parole board and eliminated the possibility of life without parole.

"We all think that people who commit terrible crimes should be held accountable; they should be answerable for their crimes," she said. "But there needs to be some opportunity for them to grow up, learn from what they've done, make better choices."

Formerly incarcerated at 16, panelist Anthony Willis spent more than two decades in a North Carolina prison for murder. He received clemency from Gov. Roy Cooper, and offered his own story as a testament to the power of change. Willis said he believes the possibility of eventually going home serves as a powerful motivator for people behind bars, thus fostering a safer environment for prisoners and staff.

"As a teenager, it's very hard to go to prison as a child. Everything that you were taught from your parents, that goes out the window," he said. "It's a totally different culture while you're in prison and you don't really have that guidance, that mentor, that person to try to help you develop into an adult. So, if you have a 'life without parole' sentence, there is no incentive at all to do the right thing."

Willis and others said the key to North Carolina changing its juvenile sentencing practices lies in considering all parties, focusing on rehabilitation and determining the resources needed for successful re-entry.


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Advocates for juvenile justice reform recently gathered in Chicago to find ways to keep young people out of the criminal justice system.

Herschella Conyers, board chair of the Juvenile Justice Initiative, said part of the work needs to happen in schools. If schools were transformed into welcoming neighborhood activity centers, open from 7 a.m. to 7 p.m., Conyers believes children would see better educational outcomes and stay out of trouble.

"I know that's bold, I know that costs tax dollars," Conyers acknowledged. "But God, aren't we spending tons of money already for the wrong things that have not worked? And the cost of incarcerating a child is not a small cost."

In 2020, Gov. Pritzker announced plans to transform the state's juvenile justice system in four years, by moving incarcerated youth out of adult facilities, increasing wraparound supports and intervention, and boosting financial support for victims. But groups advocating for juvenile justice reform said the work is far from complete.

Joshua Brooks, restorative justice hubs coordinator for the Institute on Public Safety and Social Justice at Adler University, said the work of bringing offenders, victims and community members together to repair harm done is the number one intervention communities want. But young people need to be fully reintegrated into communities, or they just end up back on the streets.

"Restorative justice has been known to reduce recidivism," Brooks noted. "That's true, it does. But also, if a person who exits out the criminal justice system gets a job, and is employed, that reduces recidivism too."

Scott Main, assistant director of the Illinois Juvenile Defender Resource Center, pointed to recent brain studies showing youths do not fully understand the consequences of their actions until age 25. He pointed to states like Vermont, where they are not willing to put juveniles in adult court until they have reached full maturity.

"We should look to Washington D.C. and California that has second-look legislation, looking at sentencing for individuals up to the age of 25," Main urged. "Illinois hasn't done enough, we need to keep pushing forward."

The number of children locked behind bars in Alabama has declined, but their advocates said more needs to be done to create alternatives to incarceration.

A one-day count of detained youths in 2021 was nearly 25,000 nationwide, which is a 60% decline over the past decade, according to the U.S. Department of Justice.

Josh Rovner, director of youth justice for The Sentencing Project, said while the trend is positive, he does not expect it to continue. He pointed out at least part of the decrease was because of the pandemic.

"When you think about the things that kids get arrested for, it's often school-based referrals," Rovner observed. "And if virtual school is happening, then kids aren't going to be referred by their school resource officers. They're not going to be shoplifting if all the stores are closed; they're not going to be getting into fights f they're all staying at home."

In Alabama, a one-day count of young people behind bars in 2019 saw almost 800 detained. By 2021, the number had dropped to 678. Data from the Annie E. Casey Foundation's study showed young people released from correctional confinement have high rates of rearrest and new convictions.

Research has shown children who are incarcerated often experience significant long-term consequences, which Rovner noted persist into adulthood.

"Whether there's one child who is locked up -- or 10,000 or 100,000 -- it's important to realize just how toxic these facilities are for kids," Rovner contended. "They have much worse outcomes, not only on their education and career achievements, but also much more likely to reoffend."

Recognizing the adverse effects, experts and activists are asking for a more compassionate approach to juvenile justice. Reforms focusing on rehabilitation and community-based support systems have proven to be more effective in addressing the underlying issues than locking juveniles up.