By Megan Burks
The 4th District Court of Appeal Thursday ruled a state law that reduces sentences and charges for some crimes applies to youth and adults alike.
The ruling stems from a San Diego case in which District Attorney Bonnie Dumanis held that Proposition 47 did not apply to juveniles.
That meant minors could potentially get charges harsher than those doled out to adults for the same crime. It also meant that while thousands of California adults saw their felonies reduced to misdemeanors this year, juveniles’ felony records remained intact.
Dumanis had said Prop. 47 only applied to adults because language used in the law is specific to the adult criminal justice system. Whereas adults are “convicted” and given a “sentence,” minors are “adjudicated” and given a “disposition.”
The court ruled benefits of the law should extend to both youth and adults because, “they are judged by the same criminal code as adults,” the Associated Press reported.
The court also ruled juveniles who see their felonies reduced to misdemeanors under Prop. 47 are entitled to have any of their DNA collected as a result of the charges destroyed.
In April, the authors of Prop. 47 and the American Civil Liberties Union challenged Dumanis’s interpretation in an amicus brief.
“There is no rational basis — much less a compelling one — to saddle minors alone with severe criminal histories,” the brief states. “A minor who is adjudicated a felon is more likely to be unfairly stigmatized, subjected to enhanced criminal penalties, turned down for jobs, rejected from military service, denied admission to college, and placed at risk in immigration proceedings.”
It’s unclear if the District Attorney’s Office will appeal Thursday’s ruling. It provided the following statement.
“The District Attorney’s Office will review the court’s ruling and determine whether or not to appeal it. We support a juvenile justice system that has a goal of rehabilitation focused on providing the care, treatment and guidance in the best interest of minors. The District Attorney’s office is committed to keeping as many kids out of the criminal justice system as possible by working with law enforcement, the Probation Department and the Courts to expand opportunities for diversion with proper rehabilitation services.”