As the summer nears, SB 399 is at the top of the agenda for people involved in restorative justice in California.  Proponents hope lawmakers will approve and the Governor will sign the bill, which would allow juvenile life sentences to be reviewed and give young people the chance to be re-sentenced if they work toward rehabilitation.

But while the push for SB 1399 has been front and center - it was a main focus of the recent Juvenile Justice Week and Catholic Lobby Day - the effort is just one of many being undertaken by the Archdiocese of Los Angeles' Office of Restorative Justice.  Also on the docket, according to Co-Director Fr. George Horan, is passage of another key bill allowing for compassionate release, the launch of a rehabilitative center, and assorted programs for the incarcerated and their families.

SB 1399 is the other top legislative priority for the Office of Restorative Justice.  If it passes, it will enable those who become incapacitated while serving their prison sentence to be granted conditional early release if they meet a set of strict conditions. Those who would be considered would not include those with death-penalty or life-without-parole sentences.  Paroles would be required to establish a plan they would adhere to upon release as well as other requirements.

Life without parole for juveniles not involved in homicides has been ruled unconstitutional by the U.S. Supreme Court.  But it is only part of the quagmire known as the juvenile justice system in California and, in fact, throughout the United States.

Enter the Jesuit Restorative Justice Initiative, led by Fr. Mike Kennedy. Germinated years ago but granted nonprofit status on August 6, 2009, the group - also led by Executive Administrator/Associate Director Richard D. Garcia, Head of Development, Mary Ellen O'Driscoll and Vivian D. Valencia - the ministry is serving juvenile offenders at various institutions in Southern California, and fighting for systematic change to boot.

"Focusing on juvenile justice within the realm of the rest of justice is one of the best-kept secrets in California. Kids of color, once they've committed a serious crime, there's no possibility of redemption or forgiveness or a second chance," Fr. Kennedy said. "We're the only country in the world that gives lives without parole. What we are doing with kids right now is one of the most sinful realities."

Statement on
U.S. Supreme Court's Juvenile Life Without Parole Sentencing Decision
by CCC Restorative Justice Committee Chairs, Bishops Richard Garcia and Gabino Zavala

May 18, 2010 -- In a 5-4 decision on Monday, May 17, the U.S. Supreme Court ruled in Graham v. Florida, that the sentence of “Life without Parole” (LWOP) for non-homicide crimes committed by juveniles was unconstitutional. Writing for the majority, Justice Anthony Kennedy said, “Life in prison without the possibility of parole gives no chance for fulfillment outside prison walls, no chance for reconciliation with society, no hope.”

Clearly this Supreme Court decision is a good first step towards more just sentencing—sentencing which will offer the offender, the victims and the community a chance for restorative justice.  Quoting from our 2000 document, Responsibility, Rehabilitation and Reconciliation,” promulgated by the U.S. Conference of Catholic Bishops:

"The effects of crime can linger long after a person's physical wounds have healed," said the Most Rev. Richard Garcia, bishop of Monterey and co-chair of the Restorative Justice Committee of the California Catholic Conference (CCC). "The people and families affected need to know that they're not alone, and that they can turn to their Church and to their community for the help and support they need."

Sr. Sue Reif, OSF, founded the office about a year and a half ago. Realizing the youth in these juvenile halls were underserved, weekly faith sharing groups were initiated. Volunteers meet with about 15 teenagers in one unit of a facility. Time is spent sharing and reflecting on the Sunday readings and the dialogue is ecumenical with Catholic and Protestant youth attending. Average time in tine spent in juvenile hall is two to three weeks, so attendees change frequently, as the teenagers move on to jail, a work camp or are released on probation.

Building on the success of these weekly meetings, there was a desire to introduce the significance of Lent to the youth. Two months before Ash Wednesday, juvenile hall administrators were asked for approval. They welcomed the idea, with some conditions, such as the teenagers did not come forward to receive the ashes, but remained seated throughout the service.