Juvenile Justice Bills

Since I became district attorney, I have been calling for an overhaul of our outdated juvenile justice system. On one end of the spectrum, we are losing the chance to reach kids before they become hardened criminals. First-time offenders and minor offenders who can be treated and rehabilitated are not receiving any response at all from a system that is overwhelmed with serious felons. But juveniles who commit very serious felonies--who are a danger to public safety--warrant punishment and are not readily amenable to rehabilitation.

AB 2723 (introduced by Assemblyman Phil Hawkins, R-Bellflower, and sponsored by our office) currently is pending in the state Senate and addresses both ends of the juvenile spectrum. Other legislation in Sacramento, most notably SB 2126 (state Sen. Milton Marks, D-San Francisco), failed to do this, which is why we were disappointed in your editorial concerning this bill (July 1).

The Hawkins bill recognizes that some cases simply do not belong in juvenile court. The rehabilitation philosophy of juvenile court was never intended for juveniles committing heinous crimes--gang murderers, rapists, carjackers, etc. The Hawkins bill accordingly provides prosecutors the discretion to charge in the adult court juveniles who are committing certain serious and violent crimes, and requires that murder by juveniles over 14 be tried in the adult system.

This bill also recognizes that the only way to ensure effective and timely intervention for first-time offenders is to take these cases out of the current system altogether. Thus, the Hawkins bill calls for an informal court system with no lawyers present. First-time minor offenders and their parents will be cited to appear before a judge immediately, who then will impose real consequences such as community service, restitution, suspension of driver’s licenses and parenting classes for parents.

GIL GARCETTI

District Attorney

Los Angeles County