If your child is arrested for a crime, it can be a stressful experience. However, court rulings have shown that juveniles should not be punished as adult offenders for similar criminal violations. This is because scientific studies show that minors’ brains are not fully developed to understand the consequences of their actions.

Due to this, California enacted Senate Bill 439, which reduced the severity of the juvenile delinquency system. The goal of the law is to help delinquents stay on the right track and grow into responsible, law-abiding adults.

If your minor or someone you know is arrested in Fresno, we at the California Criminal Lawyer Group can advocate for his or her legal rights. Our attorneys understand how Senate Bill (SB) 439 might affect your minor's delinquency case. We will also help your child through the juvenile prosecution process to achieve the best possible outcome.

Understanding Senate Bill 439

The jurisdiction and prosecution process for minors who commit crimes differs from those of adult offenders. Juvenile courts can decide how to handle juvenile offenders. Even though rehabilitating juvenile offenders is the main objective of the juvenile delinquency system, a minor's criminal record can nonetheless have a significant effect on them later in life.

Before the adoption of SB 439, many children aged eleven and above were involved in the juvenile justice system, even for minor infractions such as playground fights. Unfortunately, this occurred even though early involvement in the juvenile delinquency system has a significant impact on minors' development and future.

Fortunately, Governor Jerry Brown approved Senate Bill 439 for the juvenile justice law in September 2018. This bill establishes a particular age limit at which juvenile courts cannot exercise jurisdiction over children. SB 439 forbids juvenile courts from having jurisdiction over minors under twelve, irrespective of the nature of the offense, like truancy, curfew violations, or status offenses.

The juvenile delinquency system may still be able to handle serious criminal charges against your child for crimes like rape, sodomy, or murder committed when they were younger than 11 years old. The prosecutor has to prove beyond a reasonable doubt that the act involved the use of menace, force, aggression, or threats of bodily harm, even when the case is before a court for juvenile delinquents.

Counties are responsible for developing less restrictive options for minors in less complex or non-violent delinquent cases involving juveniles under the age of twelve. While SB 439 does not specify who would be responsible for creating these alternatives, it does suggest that community-based or school-based health services could develop a plan or suitable initiatives.

After the passing of SB 439, the juvenile delinquency system had to be changed, as a sustained petition or conviction against a minor could have serious repercussions. Before SB 439 was passed, all juveniles under the age of eighteen who violated a criminal statute had to go through the rigorous juvenile justice system.

Reason for SB 439's Enactment

Senate Bill 439 has brought significant changes to the juvenile court system. The new SB 439 was implemented for the following three primary reasons:

  • Interactions with law enforcement and the juvenile justice system at an early age, especially under 12 years, can affect a minor's education and development.
  • SB 439 states that a child's brain requires significant development before it can reason like an adult.
  • A minor is more likely to develop the habit of skipping school if they have early interactions with the juvenile delinquent system.

The main goals of passing Senate Bill 439 are as follows:

  • Creating alternative plans for rehabilitating juvenile offenders whose delinquent behavior indicates unmet needs.
  • Establishing a minimum age restriction of 12 years for prosecuting juveniles through the juvenile delinquent system aims to prevent the early incarceration of individuals below that age.
  • Counties are required to establish procedures and guidelines that provide fair and appropriate options for prosecuting juvenile offenders under the age of 12.

Initially, the juvenile delinquency system lacked the necessary resources to meet the needs of children following a persistent juvenile petition. The goals of Senate Bill 439 were to improve alternative, child-friendly rehabilitation programs and end child prosecution. It promoted the growth of child welfare, education, and mental health services. Rather than facing legal action, children would receive the appropriate care and support from their families.

Implementation Guidelines for SB 439

To safeguard the best interests of juveniles and the community, the juvenile justice system has set standards for handling children under the age of 12 who violate the law.

The Welfare and Institution Code (WIC) Section 602.1 outlines the implementation guidelines for SB 439 as follows:

  • Regaining custody of the child from their parents while considering public safety and the likelihood that the juvenile may harm themselves or others.
  • The minor should receive the least restrictive solutions or rehabilitation options possible from health, community-based agencies and education after receiving counseling.
  • Any additional measures they decide to take regarding the juvenile's delinquent situation should be appropriate and aimed at assisting and protecting the minor.

Adoption of the SB 439 Justification

Early involvement of minors in the juvenile justice system or law enforcement is not necessary, as it could have negative effects on their short- and long-term well-being. When a child faces trial, it could result in significant costs. These include support for law enforcement, detention monitoring, legal costs, and probation services.

Both court rulings and scientific studies have shown that a child's development differs from that of an adult. Children are more vulnerable due to their immaturity and inability to foresee the potential effects of their actions. Additionally, minors are more adaptable and susceptible to change compared to adults.

Legal authorities and courts should show leniency when dealing with minors, as they should not be punished to the same extent as adult offenders. A child can grow into a responsible and diligent adult, even with minimal supervision.

The aim of SB 439 is to protect children from any potential harm that would result from early encounters or interactions with the juvenile court system. Some of these effects include the following:

  • Being involved with either the juvenile justice or law enforcement system at an early age can greatly affect a minor's future job prospects and academic performance. A juvenile with a criminal record for juvenile offenses would face obstacles while looking for a job.
  • Minors who regularly interact with law enforcement officers at a young age are more likely to experience trauma, leading to mental health issues such as fear, stress, anger, and depression.
  • Minors often experience low self-esteem due to how the juvenile justice system labels and stigmatizes them.
  • Early exposure to the juvenile delinquency system exposes them to criminal activities and gangs during their detention in correctional facilities, hence increasing their chances of being imprisoned later on.

Overview of Delinquent Acts Not Covered by a Minor's Delinquency Case Under SB 439

Senate Bill 439 doesn't protect minors under the age of twelve for the crimes listed below:

Rape

According to California PC 261, rape means having non-consensual sexual intercourse using force, threats, or duress upon someone who is not married to you. Rape charges include sexually engaging with another person without obtaining consent from them in various ways, including the following:

  • The other party had an unsound mind.
  • The other party did not know that they had done so.
  • The other person was drunk or under the influence of drugs.

An adult convicted of rape can be sentenced to up to eight years or put on formal probation as a felony. If your child is found guilty of violating the anti-rape provisions in PC 261 according to a juvenile petition, they could be required to register as a sex offender and serve time in the Division of Juvenile Justice (DJJ) institutions.

If your child is facing rape charges, you should consider contacting a juvenile defense attorney right away. They can assist in collecting evidence to build a robust case against the allegations.

Murder

PC 187 defines murder as the unlawful killing of another human being or fetus with malice aforethought. Malice aforethought represents the mental state of the defendant at the time of the act, thus expressing indifference to human life and welfare.

Based on factors related to delinquent acts, the prosecutor might charge a minor with second-degree murder or first-degree murder. The following are some elements that the prosecution should prove as they build their case against a minor who is charged with first-degree murder:

  • There was deliberation and premeditation shown by the child when they acted.
  • The minor committed this crime using an explosive weapon, armor-piercing ammunition, poison, torture, or lying in wait.
  • The child triggered the felony-murder rule because the commission of another crime, such as robbery, resulted in the loss of life.

First-degree murder convictions for adult offenders attract a sentence of not more than 25 years in state prison. Consequently, these could have serious consequences for filing a continued delinquency case for the same offense. Second-degree murder involves any other kind of deliberate and unlawful killing that falls short of first-degree murder, such as felony or capital murder, and thus attracts less severe consequences.

All homicide charges are usually complicated, even for adults. For this reason, if your child, who is still not well-versed in being a responsible adult, fails to find a good lawyer, they might land in juvenile court and face stern disciplinary actions.

Regarding the specifics of the case at hand, a skilled criminal defense attorney can present one or more of the following defenses against accusations of murder leveled against your minor for breaking PC 187:

  • They acted in self-defense.
  • Unintentional death.
  • The child’s constitutional rights are being violated in cases where forced confessions or fabricated ones are involved.
  • The person was mentally insane.
  • The child was mistakenly identified.

Oral Copulation

California PC 287 prohibits oral copulation through threats, coercion, force, or violence on another person. Additionally, SB 439 provides that the juvenile justice system can handle delinquent cases involving children under twelve years old accused of oral copulation offenses.

Suppose an accusation that your child violated PC 287 is upheld during a juvenile trial. In that case, it may influence your child's future since they will be exposed to other inmates with criminal records. If your child is accused of a crime like oral copulation, they should have a trustworthy defense lawyer to protect their rights during juvenile court proceedings.

Sodomy

Similar to rape, sodomy is considered a serious sexual offense. Children under the age of twelve who commit sodomy can be brought before the court to face consequences. Engaging in sodomy without the other person's agreement is illegal under PC 286. According to PC 286, sodomy refers to any penetration into one's anus by another person using a body part like the penis, regardless of depth.

Sodomy is a wobbler offense, meaning it can be charged as either a felony or a misdemeanor. Accusations of such acts, even when involving a child under twelve years old, should not be taken lightly. Therefore, early legal intervention should be taken in cases involving sodomy to avoid severe penalties, like being placed in the DJJ system.

Sexual Penetration

Juvenile sex-related acts never bode well with prosecutors. It's worth noting that cases of rape involving children can start as early as ten years of age during this phase.

One form of sexual crime that stands out from others is outlined under California PC 289. This law prohibits all forms of violent sexual penetration and carries legal consequences. Specifically, this offense pertains to situations where an individual coerces or forces another person to undergo anal or vaginal penetration with foreign objects or substances, constituting non-consensual sexual penetration.

If the allegations are true, a court of law will find that the minor is guilty. In addition, there are situations where consent cannot be given, such as when someone is asleep, drunk, or mentally ill. If a child under twelve years old sexually penetrates another person forcibly, they can be charged in juvenile court.

Therefore, you should consider hiring a juvenile defense lawyer to handle your child’s legal matters. This means that a skilled and knowledgeable attorney can successfully contest the accusations leveled against your minor even before their presence in any juvenile courtroom.

Possible Sentences That A Juvenile Not Covered Under SB 439 Might Face

A juvenile court magistrate can issue an appropriate and reasonable disposition based on the severity and nature of the delinquent act that your child committed. The juvenile delinquency system aims to punish and transform the child into a law-abiding and productive adult.

This requires the courts to establish a sentence or disposition. Here are some potential outcomes or penalties that an unprotected minor under SB 439 could face if they lose their case in juvenile court:

Formal Probation For Juveniles

A minor considered “a ward of the court” can be placed on formal probation. The sentence can take place at either their residential home, a relative’s place, or a camp.

There are various requirements that such minors have to meet while under this type of probation, such as:

  • Engaging in volunteer activities within the community.
  • Making any necessary restitution to the victims.
  • Following mandatory curfew regulations.
  • Mandatory school attendance is required.

The Commitment of the Division of Juvenile Justice (DJJ)

The most severe consequence is that a juvenile offender who is caught up in either delinquency or the justice system is going to the DJJ center, apart from being sentenced to adult prison. For instance, this institution serves as both a detention and rehabilitation center for serious felony acts committed by juveniles.

A minor would experience a similar environment to that of an adult prison while confined in a DJJ correctional center, as they would interact with older minor offenders. The duration of time spent in a DJJ correctional center is comparable to that of an adult prison sentence for a similar offense.

Your child might be subject to DJJ commitment if he/she maintains a sustained petition for delinquency, whereby these include any sex offenses specified under PC 290.008c or Welfare and Institution Code (WIC) 707b offenses.

The following should be considered when assigning DJJ detention institutions to children with persistent juvenile petitions:

  • Needs and requirements of a child’s education.
  • Maturity of the child.
  • Child’s age.
  • Individual risks and treatment needs.

Even after SB 439, there have been some problems that have remained unresolved in the current juvenile delinquency system since its inception. This makes it possible for the juvenile justice system to receive harsh criticism despite its notable goals in handling minors under twelve years of age because:

  • Minors who are placed in DJJ detention camps or facilities are legally mandated to attend school, yet they cannot leave these cage-like detention centers.
  • Minors at DJJ correctional facilities do not receive proper health care for their physical or mental welfare.

Diversion Program

Before submitting a petition to the probation department or prosecutors, the parties may agree on the alternative diversion sentence under WIC 654. Subject to a probation officer’s plan, the juvenile could go through rehabilitation or an educational program for not more than six months.

During this time, the minor can be housed in a community facility if they are admitted into the diversion program for three months. When a minor completes their case, neither the probation office nor the prosecution team will file a petition to have it dismissed.

How a Juvenile Defense Attorney Can Help

If your loved one is in police custody for breaking the law, you should consider consulting with a juvenile defense lawyer to understand how SB 439 will impact their case. A skilled and competent juvenile defense lawyer can assist your child in numerous ways, regardless of their age. The following are some of the benefits of engaging a juvenile defense attorney:

  • Experience and Legal Knowledge

A defense attorney can assess the specifics of a minor's case and advise on the most suitable course of action. They can have the case entirely dropped, depending on the nature of the crime. If not, they can argue for the least harsh punishment, which could be house arrest, community service, or probation. If your child has already received a sentence, a seasoned attorney could be able to advocate for a reduced sentence.

  • Guidance

A juvenile defense attorney can help a minor through the full legal process due to their expertise and experience. Your attorney will make sure that you and your child are informed of all the details and available options. Their knowledge will help you protect your minor and prepare for possible consequences.

  • Speed Up the Legal Process

Court proceedings can take months, or even years, to resolve without the assistance of a defense lawyer. The court system is overburdened with cases, and it's easy for things to slip through the cracks. A Fresno juvenile defense lawyer will stand up for you and your loved ones to make sure they don't experience this. They can expedite the legal process so that your child is not detained for longer than is required.

  • Defending Your Interests and Legal Rights

Being unaware of your legal rights can put you and your loved ones in danger. Professional juvenile defense lawyers are aware of your legal rights and can protect you from injustices by law enforcement or the court system. Additionally, they act in your best interest while guiding you in making decisions about your child's case. They will give you advice regarding alternate options, the trial procedure, and the benefits and drawbacks of plea bargains.

Find a Fresno Juvenile Defense Law Firm Near Me

Children are prone to making mistakes as part of their natural growth process, and some of these mistakes could involve breaking the law. However, we should not overlook the potential psychological and emotional effects on minors. This doesn’t warrant sending them to juvenile courts with punitive mindsets. Senate Bill 439 is an alternative method of reforming juvenile offenders so that their past does not control their future.

At the California Criminal Lawyer Group, we value children and see them as developing members of society who require legal protection. Therefore, if your child has been arrested, we will also stand up for their rights and interests. Our juvenile defense attorneys serve in the city of Fresno, CA. Call us today at 559-712-8377 so that you can speak with one of our lawyers.