When a minor engages in a serious crime in Southern California, it is a devastating time for the parents and guardians. The law can take action against them and determine the best way to handle the matter, depending on the severity of the crime and the juvenile offender’s individual needs. The Division of Juvenile Justice primarily handles minors who commit serious crimes. It is a state agency under the Department of Corrections and Rehabilitation that manages serious juvenile offenders. The division provides treatment, education, rehabilitation, and safe housing for these minors until they attain the age of 25.
It is important for parents whose children have been committed to the division to take time to understand how it works and how it can benefit their child. Our criminal attorneys at Singh Law are experienced in the juvenile legal system and can provide the information and assistance you need. We can also fight any resolution by the juvenile court that does not serve your child’s best interests.
A Brief Overview of the Juvenile Justice System in California
Unfortunately, children commit crimes, not just adults. However, the law is more lenient on children than adults when they are arrested and charged with a crime. The police can easily let a minor go, after an arrest, with a stern warning against engaging in crime. They can also refer a minor’s case to the probation department and have the child put under supervised probation by a probation officer. Children are not automatically detained and taken through an extensive trial like adult offenders. The juvenile system advocates for treatment, rehabilitation, and second chances for juvenile offenders.
However, a child’s criminal case is dealt with on a case-by-case basis. The direction a minor’s case takes depends mainly on the details of their crime, the minor’s age, and their history of juvenile delinquency. If your child engages in a minor crime, they may not even be arrested. However, if they commit a serious crime and are older, they could be taken through juvenile court, where a judge hears the case and determines the appropriate course of action. Regardless of the seriousness of the offense, the juvenile legal system’s primary goal is to rehabilitate a minor, not to punish them for their crimes.
In this case, juvenile court judges have various disposition options for juvenile offenders, depending on the offender’s age, the seriousness of the case, and the offender’s history of crime. Some of the common options include formal probation, informal probation, diversion, and detention. Detention for juvenile offenders differs from that for adult offenders in jails or prisons. The detained minor is expected to continue their schooling and engage in gainful activities to live a productive, crime-free life after their release.
While the juvenile system offers many benefits, you have to ensure that your child’s best interests are considered throughout the legal process. That is why you should engage a skilled attorney for advice, guidance, and legal protection. An attorney will review your child’s case and evidence against them to determine the right defense to use for the most favorable outcome in their case. They will also advise you on your rights as a parent or guardian, your child’s rights, and what to expect in every legal process your minor will go through.
Within the juvenile system, the Division of Juvenile Justice functions as a detention facility, offering treatment and rehabilitation programs for serious juvenile offenders. If the juvenile court’s judge gives your child a DJJ disposition, it means that your loved one will remain in detention for the period the judge mandates. In a way, DJJ facilities are just like adult prisons, because freedom of movement is highly restricted. However, your child continues their education while engaging in other rehabilitative programs that are bound to make them better people. The goal here is to ensure that your minor will have changed their behavior and attitude by the time they leave the facility.
How The Division of Juvenile Justice Works
Remember that not all juvenile offenders are dispositioned to a juvenile detention facility, but only those who engage in serious crimes or have a serious history of juvenile delinquency. Regardless of the seriousness of their criminal history or crime, the juvenile system still gives a second chance to these minors to change their behavior and attitude for a crime-free adult life. This is mainly based on the belief that minors lack the mental capacity to understand the nature and legal implications of their actions. They are also incapable of making critical decisions like adults.
Here are the main categories of juvenile delinquents who are placed in DJJ facilities for treatment and rehabilitation:
- Juvenile delinquents who have already been made wards of the juvenile court
- Juvenile delinquents who engage in serious crimes detailed under California Welfare and Institutions Code Section 707(b)
- Juveniles who have committed any serious crime provided under California Penal Code Section 290.008(c)
Since these are considered serious crimes that are committed by minors, the commitment to juvenile detention facilities is usually more severe and longer. In that case, the juvenile court judge must make careful consideration before sending a minor to confinement. Some of the factors they must bear in mind include the following:
- The minor’s age
- The minor’s maturity level
- Their individual needs
- Any risk factors the minor might have
- Their need for education, rehabilitation, or treatment
The minor’s age matters in this case because a child 16 years or younger cannot be placed in a detention facility. The minor’s individual needs also matter to ensure that the DJJ facility your child is confined to meets their specific needs for living a crime-free life.
Judges also consider a juvenile’s education needs when determining the right disposition for them. Most youngsters who go through the juvenile system are usually still in school. Since all children have the right to education, the judge must ensure that the youngster continues schooling, even after confinement.
Additionally, the judge will consider your child’s medical history to ensure that they receive the best treatment and care while in detention. If your child has a specific medical need, you are required to communicate it in advance to ensure it is taken into account, even when they are far from home.
Remember that minors who are sent to these facilities remain there until they attain the age of 25. During their confinement, they continue their schooling, undergo training in various capacities, and benefit from counseling services. However, only a small percentage of minors who go through the California juvenile justice system are sentenced to juvenile detention facilities. It is the closest a juvenile offender gets to an adult prison.
It helps to consider all the benefits and hardships your minor will likely face while in a detention facility to know whether it is the right fit for them. If you are okay with the judge’s decision, take time to understand what is expected of you once your child is detained in the facility. If you do not agree with the disposition, you can fight it with the assistance of a skilled criminal attorney. Remember that juvenile court judges have so many other disposition options for juvenile offenders. They may opt for a more suitable program that will better meet your child’s individual needs.
Crimes that Could Result in the Detention of a Minor in a Juvenile Detention Facility
Remember that children commit all types of offenses, including minor, moderate, and severe crimes. Although they mostly get away with petty offenses, they are usually held responsible for more serious crimes. Also, although juveniles are not generally punished for their crimes, judges must choose dispositions that will rehabilitate them.
The division of Juvenile Justice is the most severe disposition given to juvenile offenders in California. Remember that it is the closest a minor will get to an adult prison facility. In this case, only juveniles who commit serious crimes or have serious histories of juvenile delinquency can be sentenced to a DJJ facility.
Serious crimes that minors commit are mainly listed under the California Welfare and Institutions Code Section 707(b). These are also the crimes that could cause a minor to face prosecution in an adult court, like an adult. If a minor’s case is presented in juvenile court and it is determined to be heard there rather than in an adult criminal court, DJJ is one of the dispositions a judge can consider, especially for a serious case. The crimes that can result in this kind of disposition include the following:
- Murder and attempted murder
- Kidnapping
- Arson
- Rape
- Robbery
- Lewd and lascivious acts with a child
- Sodomy through force, threats, or coercion
- The use of destructive or harmful weapons to commit an assault
- Oral copulation through coercion, force, or threats
- Forcible sexual penetration using an object, as prohibited under California Penal Code Section 289a
- Kidnapping for financial gain or robbery
- Discharging a firearm in an inhabited structure
- Kidnapping resulting in great bodily injury
- Assault resulting in great bodily injury
- Any violent crime against a vulnerable victim, as provided under California Penal Code Section 1203.09
- Any crime that is subject to sentencing enhancement for the use of a firearm
- Carjacking
- Some drug-related crimes
If a minor has a serious history of delinquency, a juvenile court judge can sentence them to DJJ even if their underlying crime does not fall in the crimes listed under this statute. Judges do this to ensure that even a habitual juvenile offender gets a second chance at life and is fully rehabilitated for a crime-free adult life. The judge can also opt for detention in a detention facility if no other disposition seems fitting enough for your minor. Remember that any juvenile offender who goes through the juvenile system is granted a second chance through treatment and rehabilitation.
However, the judge’s decision is not always final. A parent or a child’s attorney can fight this disposition for a more lenient one that puts a child’s best interests into consideration. Also, the opinions of other stakeholders, including the probation department, are needed before the final ruling is made. A probation officer can be tasked with investigating the matter and presenting a report on the best disposition for your child based on the details of their case and criminal history. If the probation officer recommends detention, and the judge establishes that confining your child to a DJJ facility is in the interest of justice, the final ruling will be made.
You have the right to defend your child during the disposition hearing. Your child may also be allowed to present their case or explain their actions. Your attorney can also use evidence to fight for the best outcome in your child’s case.
The Detention of a Minor in a Detention Facility
Most minors who are detained in DJJ facilities are those considered a safety threat to their families or communities. They are housed in secure institutions, where their movement and external communication are highly restricted. Even with all the restrictions and limitations, the goal of these facilities is to rehabilitate and not punish minors. Rehabilitation helps them build a better adult life. Although these facilities function just like adult prisons, your youngster will likely be fully treated and rehabilitated by the time they attain the age of 25. In most cases, the focus is on the following areas:
- To successfully reintegrate the minor into their community after full rehabilitation, once they reach the age of 25.
- To continue schooling and provide further instruction and rehabilitation for serious juvenile offenders after receiving basic education
- To pay restitution to the victims of the minor’s offense
Your child may end up in a juvenile detention facility if a juvenile court judge sentences them to one in a disposition hearing. They could also be held in a detention facility if a regular criminal court sentences them to prison, but they are too young to serve time in an adult prison.
The latter happens when a juvenile’s case is transferred to a regular criminal court in a transfer hearing. In this case, the minor undergoes a jury trial and sentencing as an adult would. However, if a judge determines that your child is not old enough to serve a prison sentence, they may order that they be detained in a juvenile detention facility and later transferred to an adult prison to complete their sentence.
Before the judge makes the final decision on whether to send a minor to a juvenile detention facility, they may order that the minor be detained for 90 days pending that decision. This mostly applies to juvenile delinquents who have been made wards of the court or those who are considered a safety threat to their community. During this period, the child will be carefully examined by trained professionals, such as psychiatrists and physicians, to determine their specific needs. This ensures that the confinement to a DJJ facility will yield the expected rehabilitation results.
A child can be sentenced to a DJJ facility at age 12. If they are 16 or 17 and their case is adjudicated in a grown-up criminal court, they can be temporarily confined in a detention facility until they attain the age of 18. If your loved one can complete their rehabilitation before they are 25, they will remain in confinement until they attain the age of 25. While in the facility, a minor must participate in all programs provided to meet their needs.
What To Expect after Confinement to a DJJ Facility
The confinement of a minor can be very difficult for a parent or guardian. A child is well cared for and protected in a family setting. Confining them to a highly restricted facility will definitely be difficult for them and for you, as the parent or guardian. The confinement can be for a few or several, depending on their individual needs. However, it helps to learn more about DJJ facilities and some of the programs your loved one will be undertaking to understand the kind of experience they will have in the end.
First, your loved one will continue schooling from where they left off. If your child is still in middle school, they will pick up from where they left off when they were arrested, and continue until they complete basic education. Once the juvenile graduates from high school, they will be enrolled in a college program to receive vocational training. Most DJJ facilities offer older children paid employment after completing school. They can be hired for janitorial duties, food preparation, or landscaping. There are additional programs your child can enroll in, especially those that meet their exact needs. They include:
- Sexual behavior therapy
- Advanced behavior therapy
- Behavior treatment programs
- Mental health housing facilities
In addition to schooling, your child may be allowed to have a visit from one or more close family members. This is only allowed if the family members are not a safety threat to the juvenile. However, you must abide by the specific rules of the DJJ facility where your loved one is detained. Ensure you understand the rules regarding which family members are allowed to visit, visiting hours, and what you can and cannot bring during the visit. Some facilities also restrict the number of visitors a juvenile can receive in a single visit and how soon after the visit you can return.
The judge determines how long your loved one will remain in a juvenile detention facility. This mainly depends on their individual needs and expected time of rehabilitation. During the disposition hearing, the judge will determine the maximum time your minor will be detained. Generally, these sentences do not exceed the time an adult can serve in prison for the same offense. Once your child completes their time, the court can expunge the conviction from their criminal record. However, this does not apply to the crimes detailed in California Welfare and Institutions Code Section 707b. The expungement for eligible crimes occurs two years after the minor completes DJJ detention or once the minor turns 21 (whichever occurs later).
Modifying a Minor’s DJJ Disposition
Remember that you can fight your child’s DJJ disposition during the disposition hearing if you feel that it is too harsh for them. Additionally, you can have it modified or changed to suit your child’s best interests. You can do this with the assistance of an experienced criminal attorney. The final ruling the judge makes during the disposition is not always binding.
If you wish to modify or change the disposition, your child’s attorney can file a petition with the court, detailing your concerns. The judge will review the petition and schedule a hearing to discuss and determine the matter. During the hearing, your child’s attorney will provide valid reasons and evidence that the disposition does not serve your child’s best interests. If the court agrees, the judge can modify the disposition.
Remember that juvenile court judges have several other dispositions to choose from, depending on the needs of a juvenile offender. Instead of sending your child to a juvenile detention facility, the judge may opt for informal probation, placing the child in a juvenile camp or in a foster home. The probation department’s recommendation will come in handy when the juvenile court issues the final ruling.
Find a Competent Criminal Defense Attorney Near Me
Is your loved one facing serious criminal charges in Southern California and is about to receive a DJJ disposition?
This is the harshest disposition a juvenile offender can receive in California. However, it provides education, rehabilitation, treatment, and other needs your minor has to live a crime-free adult life. Also, you can have it modified with the help of a skilled attorney.
At Singh Law, we understand how hard it could be if your child were to remain in detention for years. We will ensure you understand the benefits, possible challenges, and what to expect if this happens. We can also work together to fight for a favorable outcome in your child’s case. Call us at 714-328-6189 to discuss your child’s needs, your concerns, and our services in more detail.
