Navigating the juvenile delinquency system as a parent when your minor has been arrested for a serious delinquent act can be traumatizing and confusing. The delinquent or juvenile is even more traumatized by the arrest. Minors who commit serious offenses are committed to the Division of Juvenile Justice (DJJ), previously known as the California Youth Authority (CYA). DJJ aims to rehabilitate the delinquents and turn them into responsible adults.
If your minor has been arrested for a serious offense, they face the DJJ, which is close to a prison. Therefore, you should understand how to navigate this justice system, especially after the DJJ transitioned to the Secure Youth Treatment Facilities (SYTFs) in July 2023, which focus more on rehabilitation over confinement. At CCLG: Los Angeles Criminal Attorney, we understand the confusion brought about by the transition, which is why we have highlighted what you should know about the DJJ and the new SYTFs.
DJJ History
Young offenders with sustained petitions for severe offenses were committed to the state-operated CYA established in the 1940s. The change is because CYA had shifted from its primary objective of rehabilitation and adopted a punitive or prison-like approach because of political ideologies and legal changes. The poor conditions, poor education, poor mental healthcare, increased violence, and frequent use of force against court wards in CYAs led to many lawsuits against the facilities.
In 2005, CYA transitioned to the Division of Juvenile Justice, which was managed by the state’s corrections and rehabilitation department. The renaming of the facilities was intended to signal a change in past bad practices and the adoption of a rehabilitation-centered policy. Unfortunately, the DJJ did not live up to its mandate, as the passage of Senate Bill (SB) 81 IN 2007 made it expensive for counties to commit delinquents to these facilities, forcing them to develop county rehabilitation centers.
Eventually, in 2020, California enacted SB 823, which started the closure of DJJ centers. By July 2023, all these facilities were closed and replaced by the county-based Secure Youth Treatment Facilities (SYTFs) in all 58 counties.
DJJ offers rehabilitation, treatment, and education services to juvenile offenders aged 12 to 25. Nearly 225,000 delinquents are arrested in California annually. Of these, only 700 are committed to DJJ. Even though the goal of the facilities is to rehabilitate and educate, they are close to prisons, which explains why only a few delinquents who have committed severe offenses are confined here.
Overview of Former DJJ Facilities
When the DJJ was at its peak, it managed many facilities all over California. DJJ facilities were locked centers where delinquents were committed after sustained petitions for major violations or felony offenses. Before closure, California had three primary secure centers and one conventional or forestry camp—two secure facilities, O.H. Close Youth Correctional Facility and the N.A. Chaderjian Youth Correctional Facilities were situated in Stockton. The third secure facility was the Ventura Youth Correctional Facility in Camarillo. The single forestry or conventional camp was Pine Grove, located in Amador County.
As of June 2023, DJJ facilities stopped accepting more court wards, and the remaining were moved to County SYTFs. Today, all these facilities have been closed and are being transformed into state prisons.
The main objectives of committing juvenile offenders were not for punishment, like in adult prisons. Instead, the goals of these facilities were:
- To restore victims
- Offer education and treatment to the court wards
- Community restoration
Your minor will find themselves in these facilities in the following ways:
- When a presiding judge in the juvenile delinquency court commits the offender to the facility
- When the minor is convicted in the adult court and sentenced to jail or prison, the adult court judge instructs them to be confined in a DJJ facility instead.
- When the delinquent is tried in the adult court and the criminal court sentences them to a DJJ facility
Before the judge sent a child to a DJJ facility, they first ordered a ninety-day diagnostic study for recommendations on the most suitable treatment for the offender, based on their unique circumstances.
Crimes Eligible for Placement in SYTFs
Offenses that can have your child committed to an SYTF are the same as those that led to placement in DJJ facilities. Before commitment, the juvenile court must make the offender a court ward, assuming responsibility and control over the child. Additionally, the child must have a sustained petition for a violation listed under Welfare and Institutions Code (WIC) 707 (b) or any sex offense requiring the offender to enlist with the Megan’s Law website as a sexual predator.
WIC 707 (b) crimes include:
- Murder
- Attempted murder
- Carjacking
- Rape
- Kidnapping leading to physical harm
- Forcible sodomy or sodomy accomplished through threats of significant bodily harm
- Aggravated mayhem
- Robbery
- Arson of an occupied building or arson causing serious physical injuries
- Voluntary manslaughter
- Drive-by-shooting
- Sexual penetration by force
- Lewd act involving a minor younger than 14 and accomplished through violence or physical force
- Discharging a gun in an occupied building
- Witness bribery or dissuasion
- Exploding a destructive device to commit murder
- Escaping a juvenile hall, camp, or conservation camp using force and deliberately causing harm to the workers in the facility.
- Production, sale, and distribution of controlled drugs
Sex crimes that attract the obligation to register as a sex offender and which could lead to the placement of your minor in an SYTF are:
- Rape
- Indecent exposure
- Forcible oral copulation
- Lascivious conduct with a minor
- Child trafficking
- Assault to engage in rape or forcible sexual penetration
- Child molestation
- Child pornography
- Incest
If a young offender was found guilty of any of these offenses, they had to be committed to a DJJ facility as part of their disposition. Today, the same crimes make a wardship eligible for SYTF commitment. However, the offender must be 11 or older. After commitment, the minor will stay in the facility until they turn 18, when they will later be transferred to the adult prison unless they are to complete their sentence before age 25. Hiring legal representation for your child is recommended because, with the guidance of an attorney, your child can explore SB 823 realignment programs, which could enable them to remain in an SYTF instead of being transferred.
The factors considered before placement are:
- The offender’s age
- Education needs
- Maturity levels
- Treatment needs
County probation camps or offices handle less serious violations.
The Process Leading to SYTF’s Commitment, Formerly Called DJJ Facilities
After arrest for delinquent conduct, the law enforcement officer can take the minor to the juvenile hall for detention or release them, contingent on the case’s facts. When you receive a call from your minor informing you of an arrest, you must consult an experienced juvenile delinquency attorney immediately; their future is at stake, particularly if the alleged offense is serious. An attorney will educate you on your rights and the rights of the young offender.
Advise your child to remain silent because they could unconsciously make incriminating statements that could be used against them during adjudication, leading to a sustained petition. Officers can interrogate the minor in your absence or the absence of their attorney, making it crucial for them to understand their rights.
Not all arrests lead to a juvenile court process. The arresting officer can choose to:
- Temporarily hold the offer and warn them of the repercussions of their conduct before releasing them
- Hold the offender in the station until you, the parent or legal guardian, arrive
- Place the offender in custody and refer the case to the juvenile court
‘When the case is referred to court, a probation officer (PO) reviews the file for recommendation. The PO can recommend a case dismissal, an informal judgment, or a formal petition filing.
An informal proceeding does not lead to severe consequences even if the decision is unfavorable. Therefore, you are encouraged to hire an attorney early so that they can convince the PO to resolve the case informally. However, if the offense is severe, the offender will not avoid filing a formal petition in juvenile court. Formal court processes could lead to severe outcomes, such as commitment to SYTFs, formerly DJJ. However, these formal processes are not entirely hopeless. With the help of a competent attorney, your minor can avoid commitment.
The steps involved after a formal petition are:
Detention Proceeding
The formal petition starts with the detention proceeding, where the judge decides if the young offender should stay in custody pending petition adjudication or should be released. If the court opposes a release, a fitness hearing should be arranged within 48 hours.
Fitness or Transfer Proceeding
Certain crimes under WIC 707(b), like murder in the first degree, are eligible to be charged in the adult criminal court even if the offender is underage. When circumstances like these apply in your minor’s case, the judge will hold a fitness proceeding to determine if the child should remain in the juvenile court or be transferred to the adult court.
You must take this phase of the case seriously because the juvenile court’s objectives differ from those of the adult court. The juvenile court aims to rehabilitate and restore young offenders, while the adult court punishes convicts. Exposing a minor to the adult criminal justice system, even if they have committed a serious offense, could cause more harm. Therefore, you should fight for your minor to remain in the juvenile court.
Many offenses that lead to placement in former DJJ facilities could qualify the offender to be tried in adult court. It is up to the juvenile offender’s defense attorney to convince the court that the offender will benefit more from the juvenile delinquency system. The factors that will determine where the case is to be handled include:
- The young offender’s age
- The nuance and severity of the alleged crime
- If the offender can benefit from juvenile court dispositions
- The offender’s delinquency record
- The offender’s performance in prior rehabilitation attempts
If the defense attorney is convincing, the judge will continue with the petition in the juvenile court.
Adjudication Proceeding
Petition adjudication is the trial stage of cases involving young offenders. However, the adjudication hearing does not include a jury like in criminal trials. This hearing aims to establish if the minor committed an alleged offense. The prosecutor presents the evidence against the minor to support their petition, while the minor’s attorney can challenge the evidence. If your minor’s legal team presents compelling evidence, the petition against the offender will not be sustained, meaning the minor is not guilty.
During adjudication, the young offender has several rights. They can subpoena witnesses, retain the services of a defense attorney, avoid testifying, and present evidence in defense. Besides, the prosecutor must prove all the elements of the petition beyond a reasonable doubt to secure a sustained petition.
Adequate preparation for this hearing could prevent a conviction or obtain a sentence reduction during disposition. You have fifteen working days before this hearing if the minor remains in the juvenile hall after the detention proceeding. So, hire an attorney early to prepare well for the hearing.
At the end of the hearing, the judge can dismiss the case or find the allegations against the offender true. If the allegations are factual, the judge will sustain the formal petition against the young offender and issue a disposition or sentence in the same hearing or set a later date.
Disposition Hearing
The judge declares wardship in this hearing and decides on the most suitable consequences depending on:
- The young offender’s needs
- Available resources
- The minor’s performance in previous rehabilitative efforts
- Personal risks
- The circumstances surrounding the baseline offense
The harshest and closest disposition the court can impose on your minor after a sustained petition for a serious felony or misdemeanor is commitment to an SYTF, formerly DJJ.
Life in SYTFs
Adjudicated delinquents who have perpetrated severe or violent felonies are committed to SYTFs for treatment and rehabilitation. Even though these facilities are more improved than the DJJ facilities, commitment or placement is the harshest punishment a young offender can face. The commitment duration is long, and the conditions are severe. Despite the facilities being designed for correctional purposes, committed court wards must attend a full-time California Education Department-accredited school program. Students must satisfy the required academic hours unless they miss class due to inadequate teachers or safety issues.
When the adjudicated delinquent completes high school while serving their sentence, they enroll in college education or vocational training. The teachers or tutors in these learning institutions are accredited, meaning that the skills and certifications acquired in the facilities are recognized even outside confinement.
After acquiring skills in vocational or college programs, these delinquents are offered paying jobs in the same facilities. The tasks they perform are landscaping, food preparation, and janitorial work. Part of the proceeds from these jobs are directed towards victim restitution, if any.
Also, delinquents are assigned Youth Correctional Counselors to observe their behavior and identify progress.
Additionally, delinquents in SYTFs undergo and complete treatment programs tailored to address the behavior leading to delinquency. The programs include:
- Intensive behavior treatment
- Sexual behavior treatment
- Mental health management or residential units
- Behavior treatment
- Victim awareness activities
- Drug abuse treatment
The goal is to give youth offenders in these facilities opportunities to develop themselves and become responsible citizens. Experts working in SYTFs identify the special needs of the adjudicated delinquents and craft measures to respond to these needs adequately. The goals are attained through:
- Education
- Training
- Treatment
- Interventions like promoting positive lifestyles, community protection, reducing recidivism, and strengthening the family institution.
If your minor is committed to one of the facilities in Los Angeles, you can visit them often to help with the rehabilitation journey. Check with the specific facility to inquire about visitor guidelines, including visiting hours, dress code, items to carry, and the number of visitors allowed.
Commitment Duration
The court decides on the maximum duration the delinquent will spend in the commitment facility before placement. Usually, the placement period should not exceed the maximum prison or jail sentence provided for the offense if it were tried in adult court. Again, juvenile judges have the discretion to impose a sentence below the adult court’s maximum. There is no limitation on the lowest sentence the juvenile judge can impose.
The sentence is issued during the disposition phase. Here, the court considers several factors in aggravation or mitigation, like the youth offender’s history, the offense’s severity, and age, to determine sentence length.
When the delinquent receives a sustained petition for an offense not listed under WIC 707 (b), the crime must be discharged or the delinquent released after 24 months or upon turning 21, whichever happens later.
Similarly, an adjudicated delinquent should discharge a sentence for an offense outlined under WIC 707(b) with one exception, after 24 months or upon turning 23, whichever occurs last. For WIC 707(b), the only exception is when the delinquent’s offense attracts at least seven years of confinement in an adult jail or prison. The offense does not have to be outlined under WIC 707b. In these circumstances, the commitment lasts for 24 months or until the offender turns 25, whichever happens later.
The ward will not spend time in a SYTF if the judge sentences them to less than three months of commitment.
Even though the DJJ facilities, surrounded by many controversies, have been closed down and replaced by County-based secure youth treatment facilities, it does not mean that life for committed wards has become easy. Commitment to these facilities remains the severest punishment your minor can face under the juvenile court system. Even 24 months in the facility alone can have adverse effects on your minor, as they associate with other delinquents and could end up copying destructive behaviors they were unaware of before placement. Besides, a sustained petition and commitment to former DJJ facilities can result in a record that can cause severe collateral consequences. Your youth could be denied college admission, job opportunities, and military service, even if qualified, because of a juvenile record.
So, when you are called regarding your minor’s arrest for a delinquent act, their future is at stake, and you must act to protect their freedom and future. An experienced juvenile delinquency defense attorney is the youth offender’s best chance to avoid the repercussions of the juvenile justice system, particularly commitment.
Modifying Wardship Terms
The juvenile judge can adjust or modify the disposition or commitment, particularly if they discover the programs available in the facility are not tailored to address the offender’s unique needs. When you believe the child has been placed in a rehabilitation program that will not positively impact them, the delinquent’s criminal attorney can submit a request to modify the placement. With enough evidence to back the motion, your minor’s attorney can compel the court to change the initial placement terms to more favorable and beneficial ones.
The Mandates of the SYTF Facility After Your Minor’s Release
After your youth exits the former DJJ facility, the facility’s mandates do not end there, as the youth enters a parole program. The Board of Juvenile Hearings takes over the case. The roles of the board are:
- Overseeing court wards
- Reviewing cases
- Conducting the release proceedings
- Holds parole consideration proceedings
- Establishes annual reviews
The board evaluates all files of new court wards within 45 days of placement. Besides, it arranges dates for parole consideration. The proceeding should happen within twelve or fewer months for non-severe violations or within seven years for severe offenses, like homicide.
The board reviews all cases annually to examine the progress and whether there is a need to adjust the initial commitment terms to satisfy the needs of the delinquent. Additionally, they can release a delinquent anytime if they feel the offender is rehabilitated. However, the release happens on parole, and the youth is supervised throughout the program.
Find a Competent Juvenile Delinquency Attorney Near Me
The Division of Juvenile Justice is a crucial chapter of juvenile justice history. It started with the focus of rehabilitating youth offenders but turned into a controversy due to its punitive measures, high cost of operations, and inefficiency. Its replacement with SYTFs marks a new chapter with the same aim of rehabilitation. If your youth has been arrested for a severe offense and is at risk of commitment, consult an experienced juvenile delinquency attorney to understand SYTFs or the former DJJ. At CCLG: Los Angeles Criminal Attorney, we will explain what to expect and defend your minor to prevent commitment or a favorable disposition. Call us at 323-922-3418 to discuss your minor’s case.
