Voices of Youth Justice: The Youth Bill of Rights Gives Young People in Custody a Voice. Here's How It Came to Be.
The Youth Bill of Rights Gives Young People in Custody a Voice
Designed to empower young people in youth justice facilities across the state, California’s Youth Bill of Rights ensures they not only know their rights, but have a voice in defining and defending them.
The Youth Bill of Rights, established through Assembly Bill 2417 in 2022, is mandated by state law and outlines the rights of youth incarcerated in California — rights that include access to education, medical care, clean water, and contact with family.
For Elizabeth Calvin, an attorney and senior advocate at Human Rights Watch, the urgency of creating of the Youth Bill of Rights grew as California began to shut down its state-run youth justice facilities. The shift from a centralized model to county-led systems meant a young person’s experience in custody could vary widely depending on where they lived.
“We needed to make sure young people knew their rights, and they needed to help define those rights themselves,” Calvin said.
Young people with lived experience in California’s youth justice facilities agree with Calvin and emphasize the need for systems leaders to foster environments where youth across the state feel comfortable and empowered to exercise their rights.
Calvin and a coalition of advocates held focus groups with youth impacted by the justice system. Those voices shaped the work of developing the Youth Bill of Rights. For example, clean water and timely access to toilets weren’t on the minds of all advocates, but they were added to the bill because youth were given the space to name what they need. It was a powerful reminder that direct input from those with experience in the justice system is essential for improving the system.
“This is about giving youth power over their own lives. These are their rights—not because we gave them, but because they exist,” said Calvin. “What we’re doing is naming [those rights] clearly, putting them in one place, and making sure youth can actually use them.”
The working group behind the Youth Bill of Rights included legal advocates, youth-led and youth-serving organizations, and membership groups, such as the Anti-Recidivism Coalition, California Youth Connection, and the Young Women’s Freedom Center—many of which are led by people with experience in the justice system. High school students from the California Association of Student Councils also joined, shaping and advocating for the bill from its inception to its passage.
Once the bill became law, implementation began. Young people entering facilities now receive booklets that outline their rights and explain how to contact OYCR’s Ombudsperson Division in clear, accessible language, and facilities are required to display posters listing these rights in visible locations so youth can refer to them at any time. The Youth Bill of Rights is also available in multiple languages so that youth, no matter their background, can understand what rights they are entitled to while in state care.
OYCR’s Ombudsperson Division, established under Senate Bill 823 in 2020, investigates and resolves rights violations and harmful practices affecting youth in facilities. The Division also provides the mechanism for young people in facilities to report alleged violations named in the Youth Bill of Rights, ensuring that youth not only know their rights but can act when those rights are violated. While the Youth Bill of Rights has given young people in custody a stronger voice, continued implementation is necessary to ensure their rights are respected.
To learn more about the Ombudsperson Division’s work to protect the rights of young people, read the Ombudsperson’s recently released legislative report on youth complaints in 2024. For information on how to submit a complaint relating to an incarcerated youth, consult the Ombudsperson Division webpage: https://oycr.ca.gov/ombudsperson.