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Youth Justice Reform
1. Creating Meaningful Opportunities for Release
The Supreme Court ruled in Miller v. Alabama that mandatory life sentences without a
possibility of parole are unconstitutional for offenses committed before the age of 18. The Court
recognized adolescents’ “diminished culpability and heightened capacity for change”. Under
this ruling states were obligated to create a meaningful opportunity for release for those already
sentenced to life without parole.
In California, NCYL has helped to develop, pass and implement legislation to create
opportunities for release. We provide technical assistance to those incarcerated and their families
to take advantage of these new opportunities. In addition, NCYL is working to develop
parole policies and procedures that honor the spirit and intent of Miller, namely, those that
account for youths’ reduced culpability and increased capacity for rehabilitation.
Improving the Representation of Youth in the Juvenile Justice System
California
NCYL partners with Public Defender offices to improve representation by incorporating national
best practices in order to reduce harm and improve outcomes for system involved youth. Defense
attorneys are trained to recognize how developmental issues and trauma contribute to delinquent
behavior and advocate for responses that address the social emotional health of disadvantaged
children. This initiative emphasizes the use of community based rehabilitative services and
programs as an alternative to incarceration.
Youth Offender Parole
California SB 260 and SB 261
NCYL is working nationally and in California to ban juvenile life without parole. Until 2012, the
United States and Somalia were the only countries to sentence children to life in prison without
parole. Thousands of youth are still serving this sentence, some of them for non-homicide
offenses. As the public increasingly recognizes the inhumanity of treating adolescents as adults
in the application of criminal laws and penalties, the campaign to eliminate youth sentences of
life without parole has gained momentum.
Protecting Miranda Rights for Youth
SB 395
Currently, children in California, no matter how young, can waive their Miranda rights whether
they understand them or not. Senate Bill 395 (Lara) will require youth under 18 to consult with
2. counsel prior to waiving their rights during a custodial interrogation. By ensuring youth
understand their rights, we ensure the outcomes of interrogations are just and lawful, and create
greater trust, accountability, and due process for all.
The Public Safety and Rehabilitation Act of 2016
Proposition 57
This California ballot measure adopted in 2016 will enhance public safety and help California
replace its costly over reliance on bloated prisons with smart justice strategies
focused on rehabilitation.
Proposition 57: Ends Prosecutors’ ability to charge youth as adults without a transfer hearing;
Allows parole consideration for people incarcerated for nonviolent convictions; Provides
incentives for incarcerated people to complete rehabilitative programs; and requires
the California Department of Corrections to establish regulations certified to promote public
safety.
Building A Statewide Coalition for Juvenile Justice Refrom
California
NCYL works with families and community based organizations serving at-risk and system
involved youth, to build their capacity to participate in the legislative and policymaking
processes at the state and local level. NCYL further plays the role of facilitating the mobilization
of these organizations to effect statewide changes in how the justice system treats youth.
Reforming the Juvenile Justice System to Treat Children in a Developmentally
Appropriate Manner
California
The goal of this project is to transform California’s Juvenile Justice system to ensure children
and youth are treated in a developmentally appropriate manner. This requires completely
eliminating the practice of prosecuting and incarcerating youth as adults, as well as eliminating
the practice of trying children under the age of 12 as delinquents.