40 Cal.App.5th 114
Cal. Ct. App.2019Background
- S.L., a minor who was 15 at the time of the alleged murder, was charged in juvenile court under Welf. & Inst. Code § 602 with one count of murder and three counts of attempted murder; the DA sought transfer on count 1.
- Proposition 57 (2016) removed prosecutors’ direct-filing power and required prosecutors to move for transfer to adult court for certain juveniles (including some 14–15 year olds), leaving the transfer decision to a judge.
- In 2018 the Legislature enacted SB 1391 (effective Jan. 1, 2019), which largely barred transfer of 14- and 15‑year‑olds to adult court, except in narrow circumstances, and expressly stated it amended and furthered Proposition 57.
- The juvenile court declined to hold a transfer hearing on count 1 based on SB 1391; the Santa Clara County District Attorney petitioned for a writ of mandate seeking an order requiring a transfer hearing.
- The appellate majority concluded SB 1391 constitutionally amended Proposition 57 (and did not unlawfully revive or amend Proposition 21) and denied the DA’s writ petition; a dissent argued SB 1391 exceeded the Legislature’s amending authority under Prop. 57.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether SB 1391 impermissibly amends Proposition 57 | SB 1391 abrogates prosecutors’ ability to move to transfer 14–15 year olds, violating the initiative’s limits on legislative amendment | SB 1391 is consistent with and furthers Prop. 57’s purposes (rehabilitation, judge decides) and thus is an authorized amendment | SB 1391 is a constitutional amendment of Prop. 57 because it furthers the initiative’s intent; petition denied |
| Whether the DA may obtain writ relief for the court’s refusal to hold a transfer hearing | Writ review is available under Cal. Rules of Court, rule 5.770; declining a hearing is equivalent to denying a transfer motion | Appellate review is unavailable because no appealable order was entered and the court acted within jurisdiction | Writ relief is a proper vehicle; the court exercised discretion and denied relief on the merits |
| Whether SB 1391 unlawfully amends Proposition 21 | SB 1391 revives or improperly alters rights created by Prop. 21 (direct filing for certain juveniles) | Prop. 57 superseded Prop. 21; voters changed that regime and the Legislature may enact amendments consistent with Prop. 57 | SB 1391 does not unconstitutionally amend Prop. 21 because Prop. 57 effectively repealed the pertinent parts of Prop. 21 |
| Whether SB 1391 furthers Prop. 57’s stated purposes (public safety, rehabilitation, cost savings, judge decides) | SB 1391 narrows judicial discretion and removes mechanisms voters preserved to protect public safety | SB 1391 promotes rehabilitation, reduces incarceration costs, and still leaves transfer decisions to judges where applicable; thus it furthers Prop. 57 | SB 1391 is consistent with and furthers Prop. 57’s purposes (rehabilitation, public safety, cost savings) |
Key Cases Cited
- People v. Superior Court (Lara), 4 Cal.5th 299 (Cal. 2018) (describes juvenile jurisdiction and the effect of Proposition 57)
- Manduley v. Superior Court, 27 Cal.4th 537 (Cal. 2002) (explains pre‑Proposition 21 rules and exceptions for serious crimes)
- Amwest Surety Ins. Co. v. Wilson, 11 Cal.4th 1243 (Cal. 1995) (standards for construing and upholding legislative amendments to initiatives)
- People v. Superior Court (Alexander C.), 34 Cal.App.5th 994 (Cal. Ct. App. 2019) (upheld constitutionality of SB 1391; persuasive precedent)
- People v. Superior Court (K.L.), 36 Cal.App.5th 529 (Cal. Ct. App. 2019) (same—upholding SB 1391)
- People v. Superior Court (T.D.), 38 Cal.App.5th 360 (Cal. Ct. App. 2019) (same—upholding SB 1391)
- People v. Jones, 18 Cal.4th 667 (Cal. 1998) (recognizes prosecutorial entitlement to writ review of juvenile‑fitness/transfer rulings)
- Coleman v. Schwarzenegger, 922 F. Supp. 2d 882 (E.D. Cal. 2009) (federal court orders reducing prison population cited for context on initiative purpose to avoid federal release orders)