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PRESS RELEASE: Broad-Based Coalition Calls On Governor To Sign Historic Bill To End Racially Discriminatory Wealth Extraction Through The Juvenile Legal System

FOR IMMEDIATE RELEASE

SACRAMENTO— The California Legislature has sent Governor Gavin Newsom Senate Bill 1290 (SB 1290), a bipartisan juvenile justice reform bill that will outlaw the collection of fees that disproportionately extract wealth from low-income, Black and Latinx families. More than 60 groups across the state have called for the Governor to sign the historic bill.

According to Senate co-author Maria Elena Durazo (D-Los Angeles), “SB 1290 will end the harmful, costly, and frequently unlawful practice of collecting administrative fees from families with youth in the juvenile system and young adults. These fees cause devastating and lasting harm to low-income families, while providing little net revenue for counties.”

SB 1290 builds on the progress made by SB 190, which abolished the assessment of new juvenile fees in 2018. Forty-three counties have since forgiven more than $345 million in outstanding juvenile fees statewide. However, 15 counties continue to pursue almost $15 million from youth and their families.

“We abolished these fees because they are regressive, racially discriminatory, and deepen harm to youth,” said Senate co-author Holly Mitchell (D-Los Angeles). “For all those reasons, counties should not be able to collect previously charged fees.”

Research by the U.C. Berkeley School of Law Policy Advocacy Clinic has documented how such fees push youth further into the system and trap families in cycles of debt. Because of systemic racism in the juvenile system, even after controlling for underlying offense, researchers found that families of Black and Latinx youth are liable for higher fees than families of white youth.

“Fees unjustly force communities that are targeted by racist policing and punished by a racist carceral system to directly pay for that violence against them,” said lead co-sponsor Jessica Bartholow of Western Center on Law & Poverty. “Signing this bill will be an important step toward divesting community resources away from the carceral system and keeping those dollars in the hands of families and in their communities where they are desperately needed right now.”

“There is still work to do to eliminate these fees in the adult system, where they are equally harmful,” said co-sponsor Anthony Robles with the Youth Justice Coalition of Los Angeles. “But with the signing of SB 1290, California will lead the nation in juvenile fee reform by removing an excessive burden that keeps low-income families and communities of color in a vicious cycle of poverty and punishment.”

Contacts:

Jessica Bartholow, Western Center on Law & Poverty, (916) 282-5119, jbartholow[at]wclp.org

Anthony Robles, Youth Justice Coalition, (626) 838-9450, anthony[at]youth4justice.org

Stephanie Campos-Bui, Policy Advocacy Clinic, (909) 568-7410, scamposbui[at]law.berkeley.edu

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Some Counties Illegally Levy Juvenile Legal Fees—Low-Income Families of Color Are Hit Hardest

“Even with all this evidence that fees are recidivistic and fees are bad for children and bad for communities of color … we still end up with counties choosing to continue to collect them, and that’s really disappointing,” said Jess Bartholow, legislative advocate at the Western Center on Law & Poverty, which sponsored the original legislation. “Why would we allow these fees to continue to be out there and create harm?”

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Lawsuit: Los Angeles Overcharges Poor Probationers

At the legal clinic run by A New Way of Life, a Los Angeles-based nonprofit that provides shelter and services to formerly incarcerated women and their children, attorneys noticed a concerning pattern.

Community members who served jail or prison time persistently told attorneys that they “were being charged excessive amounts for the cost of probation, amounts that they couldn’t ever hope to repay,” said C.T. Turney-Lewis, the group’s supervising staff attorney. Oftentimes, they “have no income and were leaving probation with thousands and thousands of dollars in outstanding costs.”

…The criminal justice-related fees assessed by California counties are among the highest in the country, with Los Angeles topping the list, according to a study by the Western Center on Law & Poverty, an advocacy group of legal scholars. 

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