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Youth

California Bill Seeks to Reform Sentencing for Youth Offenders

Strategic Insights

— 2 min read

California State Senator Leland Yee recently introduced Senate Bill 399, The Fair Sentencing for Youth Act, which aims to reform the state's sentencing law for juvenile offenders. The bill would allow courts to review cases of youths sentenced to life without parole after 10 years, potentially providing a new sentence of 25 years to life. The legislation is based on the understanding that children have a greater capacity for rehabilitation than adults and that brain maturation continues well through adolescence. Roper v. Simmons, a landmark US Supreme Court case, confirmed that minors should be considered differently than adults in sentencing due to concerns about brain development.

Key Takeaways:

  • There are over 250 youth in California serving life without parole sentences, more than in any other state in the US.
  • The US Supreme Court has prohibited the death penalty for children, citing concerns about brain development.
  • A Human Rights Watch report found that in many cases, juveniles were given heavier sentences than their adult codefendants for the same offense.
  • 59% of youth sentenced to life without parole had no prior criminal convictions.
  • 45% of California youth sentenced to life without parole for involvement in a murder did not actually kill the victim.
  • Despite popular belief, life without parole is not reserved for the worst crimes or irredeemable criminals.
  • Nationally, eleven jurisdictions have prohibited life without parole for juveniles, including New York, Colorado, and the District of Columbia.
  • Other states, such as Arkansas, Florida, Illinois, Iowa, Louisiana, Massachusetts, Michigan, Nebraska, and Washington, are considering reforms or have efforts underway to eliminate the sentence.

Statistics:

  • 250 youth in California are serving life without parole sentences.
  • 59% of youth sentenced to life without parole had no prior criminal convictions.
  • 45% of California youth sentenced to life without parole for involvement in a murder did not actually kill the victim.
  • Californians have spent between $66 million and $83 million on incarcerating youth offenders sentenced to life without parole since 1990.
  • It is estimated that continuing to incarcerate the current population of youth offenders until their deaths in prison will cost the state approximately $500 million.
  • Each new youth offender given a life without parole sentence will cost the state upwards of $2.5 million.

Sources:

  • "California Bill Seeks to Reform Sentencing for Youth Offenders". Via Senator Leland Yee's Office
  • Roper v. Simmons (2005), 543 U.S. 551
  • Human Rights Watch report (date unavailable)

* "No Change in Sight: 11-Year Anniversary of U.S. Supreme Court's Ruling that Juveniles Cannot Be Sentenced to Death"

  • Human Rights Watch report (date unavailable)

* "The Ink Never Dries: The Impact of Life Without Parole Sentences on Juveniles in the U.S."

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