Some juvenile offenders in California will soon have the option of going to a youth court that uses “restorative justice practices,” after Gov. Gavin Newsom signed legislation into law Aug. 20.
In an Assembly Public Safety Committee analysis of her bill, she said SB 1005 creates a statute in California law that gives juveniles charged with certain minor offenses the right to choose the alternative justice system.
Under the law, probation officers are authorized—with the consent of minors and their parents—to refer the youth to a court of their peers run by volunteer youth court workers and overseen by a presiding judge, according to the analysis.
The process can be cheaper, faster, and better at reducing recidivism than the traditional justice system, said supporters.
“These programs keep low-level youth out of a formal juvenile justice courtroom and instead empower youth and their peers to engage in restorative justice opportunities,” Ashby said.
Supporters of the bill include Initiate Justice—an organization with members inside and outside prison who advocate for criminal justice reform in California.
The group said in the bill analysis that the alternative system generally is for those charged with minor offenses, such as shoplifting, vandalism, truancy, or disorderly conduct.
In a “court-like setting,” the youth volunteers get the chance to play the roles of public defender, district attorney, juror, or bailiff and potentially hand out “sanctions” to their peers on trial, said the group.
The bill was sponsored by the Juvenile Court Judges of California.
“With referrals from probation, law enforcement and schools, youth offenders are diverted away from the juvenile justice system and toward a community based system,” the group said in the analysis.
They added that research on youth courts is “still emerging” but said some studies suggest such programs are at least as effective as their alternatives, and sometimes better.
“Teens respond better to pro-social peers than to adult authority figures; hence, they react positively to the youth court program,” said the group.
According to the group, youth courts have several benefits over the traditional juvenile system. Accountability is one plus, they said, because those with relatively minor offenses, which the traditional system might ignore, may still receive sanctions issued by the youth court.
The bill was also supported by the California Public Defenders Association and the Los Angeles County District Attorney’s Office.
No opposition to the bill was reported by lawmakers, and it passed unanimously in both chambers of the state Legislature.
The new law takes effect Jan. 1.
