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Update: Best Practices Guide Checklist & Understanding SB 395 & Issues in Implementation – Briefing from Pacific Juvenile Defender Center

Submitted by on December 27, 2017 – 17:01No Comment

SB 395 – Best Practices Guide Checklist (12/27/2017)

Download the PDF file .


DOWNLOAD a copy of the briefing document for defenders in PDF format: SB 395 PJDC Best Practices Guide Checklist 1-18.pdf

Posted previously (November 21, 2017)

Dear CPDA members:

I’m pleased to be sending you information about the role of defenders in implementation of SB 395, the new law protecting Miranda rights of youth. As you are probably aware, a few weeks ago Governor Brown signed Senate Bill 395 into law, protecting the Miranda rights of children age 15 and younger.

Please find below (and download links as well) two documents:

• A memo addressed to defender chiefs and others thinking about how to provide the legal consultation required by the new law

• A flier intended to describe the new law to a general public audience.

• [SB 395 full text of the bill (and download link), added by www.claraweb.us editor]

Senate Bill 395 is effective January 1st, 2018, and states in part:

Prior to a custodial interrogation, and before the waiver of any Miranda rights, a youth 15 years of age or younger shall consult with legal counsel in person, by telephone, or by video conference. The consultation may not be waived.

Welf. & Inst. Code, §625.6(a) Read the full text of the new law here.

The goal of SB 395 is to ensure young people understand their Miranda rights before being asked to waive those rights. The law is based on extensive research concluding it is difficult for youth to understand complex legal rights or the ramifications of waiving those rights.

Senate Bill 395 has important implications for the work of public defenders. The attached memo outlines various issues we anticipate will be involved in implementing SB 395 at the county level. The short flier, targeted at non-attorneys, provides a simple overview of the new law.

In the coming weeks, we expect to circulate new training materials and suggested best-practices guidelines for defenders and others providing the consultations.

If you have questions about how to implement SB 395 in your county, please write for more information at: info@pjdc.org.

Elizabeth Calvin
Senior Advocate
Children’s Rights Division
Human Rights Watch
O: 310.477.5540

Understanding SB 395 and Issues in Implementation

Download the PDF file .

SB 395 Flyer for Posting for General Public

Download the PDF file .

SB 395 Official Digest & Full Text of Bill

Download the PDF file .

DOWNLOAD a copy of the briefing document for defenders in PDF format: Implementation of SB 395 – PJDC Memo.pdf

DOWNLOAD a copy of the flyer in PDF format developed for the general public regarding SB 395New CA Law SB395 – General Public Flier 11.20.17.pdf

DOWNLOAD a copy of SB 395 as approved by the Governor on October 11, 2017 (goes into effect Jan. 1, 2018): 20170SB395_96.pdf

Verification link to the source of the full-text of SB 395 noted directly above: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB395


 Thanks to Rourke F. Stacy, Deputy Public Defender, Los Angeles County for assistance with this post.

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