CALIFORNIA

Reform life sentences for youth

This year, California is finally taking the necessary steps to enact major changes to our prison system. As part of this year of reform, I have introduced legislation to abolish the sentence of life without the possibility of parole for youth offenders. SB999 would make the maximum sentence 25 years to life, meaning a child who commits a felony offense before the age of 18 would serve a minimum of 25 years in prison before being eligible for parole consideration.

As a child psychologist, I have firsthand experience with troubled children and understand that they have an extraordinary capacity for rehabilitation. The neuroscience is clear -- brain maturation continues well through adolescence and thus impulse control, planning and critical-thinking skills are not yet fully developed until adulthood. SB999 reflects that science and provides the opportunity for compassion and rehabilitation for children.

In Roper vs. Simmons, the Supreme Court prohibited leveling the death penalty for children as the court confirmed that juveniles need to be considered differently than adults in sentencing due to concerns about brain development.

Nationally, 59 percent of juveniles sentenced to life without parole are first-time offenders. Of the approximately 200 juveniles in California serving this sentence, there are a number of cases that have brought into question this severe punishment.

One such case involves Sara Kruzan, who was raised in Riverside by her abusive and drug-addicted mother. Sara met her father only three times because he was in prison.

Starting at the age of 9, Sara suffered from severe depression for which she was hospitalized. At age 11, she met a 31-year-old man named "G.G." who molested her and began grooming her to become a prostitute. At age 13, she was working as a child prostitute for G.G. and was repeatedly molested by him until she was 16, when she killed him.

She was sentenced to prison for the rest of her life, despite the California Youth Authority and a psychiatric evaluation determining that she was amendable to rehabilitation treatment offered in the juvenile system.

SB999, also known as the California Juvenile Life Without Parole Reform Act, would provide child offenders with the opportunity to request parole after serving a minimum of 25 years in prison. At that time, there would be no presumption of release. The state Board of Parole Hearings would consider the request and determine whether the individual deserved to be released or should remain in prison, which may continue to be for life.

The sentence of life without parole means absolutely no opportunity for release. It also means minors are often left without access to rehabilitative services. This punishment was created for the worst of criminals that have no possibility of reform -- but this is not the humane way to handle children. While the crimes they committed caused undeniable suffering, these youth are often victims themselves.

According to Human Rights Watch, the United States leads the world in the practice of sentencing juveniles to life without parole, claiming 99.5 percent of all cases. In fact, there are only 12 such cases outside of the United States. The oldest human rights treaty to which the United States is a party, the International Covenant on Civil and Political Rights, prohibits this sentence. Nationally, 11 jurisdictions have prohibited this sentence including New York, Colorado and the District of Columbia.

California also has the worst racial disparity rate in the nation for this sentence. Black youth are given this sentence at 22 times the rate of white youth. Latino youth are sentenced to life without parole four times as often as white youth.

As a society, we have learned a lot since the time we started using life without parole for children. We now know that this sentence provides no deterrent effect. While children who commit serious crimes should be held accountable, public safety can be protected without condemning a handful of youth to life in prison without even the possibility of rehabilitation and redemption.

Leland Y. Yee
10 April 2007

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/04/10/EDGEBOS7NU1.DTL

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