Justice by Race: Ending Juvenile Injustice in California

In Fall 2020, during the wake of nationwide demonstrations against structural racism and systemic injustice, Governor Newsom of California signed groundbreaking legislation to reform juvenile justice and probation systems, in order to aid in rehabilitation and re-entry. The juvenile justice system involvement is not experienced equally across groups as youth of color are consistently over-represented at every stage, from arrest to incarceration, and disparate treatment of children of color compared with their white counterparts has been documented widely. These inequalities not only affect individuals but also the families and communities around them as communities with high levels of youth incarceration have higher rates of poverty and inadequate housing, healthcare, and other resources. The legislative changes aim to end the racial and ethnic inequalities present in our justice system which creates the perception that incarceration is the most appropriate solution for Black and Brown people and is an important step towards the right direction in reforming California’s juvenile justice system.

Newsom, building on his commitment to end juvenile injustice, signed several bills to support young people coming out of the criminal justice system and to disrupt the school-to-prison pipeline, a disturbing national trend wherein children with learning disabilities or histories of poverty, abuse, or neglect — who would benefit from counseling or rehabilitative services — are isolated, punished, and pushed out of public schools and into the juvenile and criminal justice systems. These commitments begin with SB 823 by the Committee on Budget and Fiscal Review which takes the first, formal step towards closing the Division of Juvenile Justice and allowing the health department to take over the DJJ. This closure will help provide youth rehabilitative services closer to home and will open up the opportunity for high-quality, transformative residential programs that provide quality education — including higher education, rehabilitation programming, treatment, therapy options, and vocational training.

Many youth advocates and juvenile justice experts have spent years fighting the unjust conditions at California’s “youth prisons long known for releasing young adults back to their communities more angry and violent than when they arrived.” Additionally, the juvenile systems perpetuate the structural racism present within society. A study done by W. Haywood Burns Institute indicated that although California's current corrections policies appear to be race-neutral, data shows that many young people of color are being incarcerated at higher rates than white youth for non-criminal acts rather than being treated for mental health and behavioral health needs. Additionally, Dr. B.K. Elizabeth Kim, an assistant professor at the University of Southern California’s School of Social Work states that the majority of kids in the juvenile justice system come from poor families and under-resourced communities, indicating the need for community-based support and government monetary intervention.

Furthermore, the study found that youth of color comprise almost 90 percent of the cases transferred from juvenile to adult court even though they represent only 75 percent of the juvenile justice population. Once transferred to adult court, Black youth in California receive a sentence of life without parole 18 times more often than white youth, showcasing how incarceration has often been found as an “instrument of social control” and makes a negligible impact on changing delinquent behaviors. For example, research suggests that any length of youth incarceration is independently associated with a higher likelihood of poor physical and mental health in adulthood as those who are detained or incarcerated are at increased risk for a number of negative outcomes that can have long-term consequences, such as mental health problems, dropping out of school, difficulty with employment, and rearrest. Additionally, the vast majority of these young people have experienced some form of trauma, from systemic, mental, and physical, during their childhood, and system involvement can re-traumatize them, creating further challenges for healing and healthy development.

The Burns Institute calls for a variety of changes in California's juvenile justice systems ranging from retraining staff for trauma-informed interventions, taking family history into account when determining rehabilitation resources, developing culturally competent programming, and enhancing the use of community alternatives to incarceration for those youth with high needs but who pose a moderate risk to public safety. These changes are mirrored by Gavin’s push for juvenile justice through passing legislation aimed towards rehabilitation and transparency within the system.

Other bills signed by Governor Newson:

• AB 901 by Assemblymember Mike Gipson (D-Carson), which will end the practice of referring youth who are having problems at school to probation programs.

• SB 203 by Senator Steven Bradford (D-Gardena) requires that children under age 17 have an opportunity to consult with legal counsel before interrogation

• SB 1290 by Senator Maria Elena Durazo (D-Los Angeles) will cancel certain fees assessed on juvenile offenders and their families.

• AB 1950 by Assemblymember Sydney Kamlager (D-Los Angeles), which caps probation terms to a maximum of one year for misdemeanor offenses and two years for felonies.

If the Governor’s legislation is approved by the state legislature, the legacy of California's brutal youth prison system will end. “The state institutions were nothing more than a dumping ground,” said Dan Macallair, executive director of the San Francisco-based Center on Juvenile and Criminal Justice. “We’re elated.”

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