Rules Committee advances ordinance to require counsel, responsible adult for youth questioned by police

Supervisor Hillary Ronan, the Rules Committee chair, advanced an ordinance on Feb. 4 that would change San Francisco's administrative code to prohibit police from questioning people 17 or younger in custody unless specified conditions are met. The committee voted to send the measure to the full Board with a positive recommendation after adopting clarifying amendments.

Ronan said the ordinance "mandates that all youth 18 years old consult with legal representation before they can be interrogated by police or before they can waive their Miranda rights" and would allow a responsible family member or, when appropriate, another responsible adult to be present during custodial questioning. Ronan tied the proposal to community concerns following the Balboa High School incident last August and said the changes are aimed at protecting foster youth and other groups with limited supports.

The Public Defender's Office and allied advocates described how existing "Miranda consultation" intake calls have calmed youth and improved communication with families. Patty Lee of the Public Defender's Office told the committee her unit had fielded more than 100 calls since the state law change and recommended that the ordinance specify that the office provide "legal advice limited in scope" during consultations so conflict checks and court-appointed representation are handled appropriately. Julie Tronas, a court programs director, suggested adding the phrase "absent appointment by the court" to preserve court-appointed counsel arrangements.

Community advocates and family members spoke in support, recounting experiences they said showed why extra protections for 16- and 17-year-olds matter. Dan McAleer, executive director of the Center on Juvenile and Criminal Justice, said enforcement matters as much as the law itself: "It's absolutely crucial that we extend the same rights that we extend to adults, to children and make sure they're enforced." Several speakers urged equity protections for foster youth, unhoused youth and youth with learning disabilities.

Committee members adopted Ronan's drafting edits, including the change replacing the word "counsel" with "legal advice limited in scope" for the Public Defender's Office during consults, and the addition "absent appointment by the court" to recognize existing court-appointed representation. Supervisor Shimon Walton moved to accept the amendments and make a positive recommendation; the chair announced the item would move to the full Board as amended "without objection."

Next steps: the ordinance will appear on the Board of Supervisors agenda; the committee recommendation is positive and the measure proceeds for further consideration by the full Board.