Suit Targets Treatment of Juvenile Parolees

Young parolees accused of violating terms of their release are being jailed for months while awaiting hearings to determine their fates, a practice that violates their constitutional right of due process, according to a federal lawsuit filed here Wednesday.

The youths -- some of whom are accused of “technical” violations, such as drinking alcohol -- are also routinely denied the right to call witnesses or have an attorney at their parole revocation hearings, the class-action lawsuit says.

In addition, the suit contends that the state fails to provide translators, sign language interpreters and other accommodations to ensure that youths understand the hearings that can land them back in a juvenile prison for an average of 5 1/2 months.

“Our clients include youth with serious educational deficiencies, developmental disabilities and mental health disorders, which leave them ill-equipped to represent themselves at hearings or to decipher the complex written forms that the state puts in front of them,” said Sue Burrell, an attorney in the case.

Burrell added that the lengthy waits some parolees face before their cases are heard mean “they wind up losing jobs, jeopardizing relationships and wiping out whatever supports they tenuously built up in the community.”

The case comes as California’s juvenile justice division is undergoing substantial rebuilding after an era marked by violence in youth prisons and a high recidivism rate, with about 70% of parolees rearrested within three years of release.

The lawsuit is a supplement to a similar case filed several years ago over the handling of parole revocation hearings for adults. That suit was settled, with the state agreeing to provide attorneys for parolees and make other substantial changes.