Legal News

State agrees to settlement providing juvenile parole violators with lawyers and timely hearings

By Jason Siegel

A tentative settlement was reached in a federal class-action lawsuit where juvenile parole violators are claiming prison officials violated their constitutional rights, the Los Angeles Times reported.

According the Youth Law Center, who are working on the case, the state agreed a settlement that, if approved by U.S. District Judge Lawrence Karlton, would require:

• Attorneys be appointed for every juvenile parolee who has been charged with a violation of parole within 8 business days of the parole hold.
• Juveniles receive a preliminary probable cause hearing within 13 business days of the parole hold.
• Juveniles receive a full revocation hearing within 35 calendar days of the parole hold, if there is probable cause to hold the youth.
• Juveniles be able to present evidence and witnesses at their probable cause and revocation hearings.
• Clear policies be developed that spell out which behavior warrants revocation of parole or a return to a DJJ facility. 
• Youth who are not revoked to be released promptly and for the DJJ to end a policy of temporary detention for youth continued on parole.
• Juveniles not be returned to DJJ for over a year, and that a revocation can't be extended beyond a year, except for cases of serious in-custody misconduct.
• Assistance be provided for juveniles with mental and physical disabilities as well as people who don't speak English at all stages of the parole revocation process.
• Youth not be automatically shackled during revocation proceedings and that policies be developed to govern when and how a youth is restrained.
• A prompt administrative appeal system that includes the appointment of attorneys.

Full post as published by Legal Pad | LA on June 05, 2008 (boomark / email).