The Prosecution of 14- and 15-Year-Old Minors and SB 1391: Proposition 57

The Prosecution of 14- and 15-Year-Old Minors and SB 1391: Proposition 57, enacted by the voters in November of 2016, amended Welf. & Insti. Code §§ 602 and 707, requiring prosecutors to commence all cases involving minors in Juvenile Court, but allowed the People to request the transfer of some minors as young as 14 years of age—when alleged to have committed specified serious or violent felonies (see W&I § 707(b)—from Juvenile Court to Adult Criminal Court where they faced the full brunt of the criminal justice system.  This was in an era when the prevailing belief was that criminals should be treated more and more like criminals, no matter what their age (at least down to the age of 14), while victims’ rights were respected and emphasized.  But then along came Senate Bill 1391, enacted by the Legislature in 2018 and effective January 1, 2019, amending Proposition 57 by prohibiting altogether the prosecution of 14- and 15-year-old minors in adult court. (See W&I § 707(a)(1)-(2).)  Believing that SB 1391 violated the voters’ wishes and was inconsistent with the requirements of Proposition 57, the Ventura County District Attorney filed a juvenile ....