Bill Text: CA SB124 | 2015-2016 | Regular Session | Amended
Bill Title: Juveniles: solitary confinement.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Failed) 2016-11-30 - From Assembly without further action. [SB124 Detail]
Download: California-2015-SB124-Amended.html
BILL NUMBER: SB 124 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 17, 2015
AMENDED IN ASSEMBLY JULY 8, 2015
AMENDED IN SENATE JUNE 1, 2015
AMENDED IN SENATE APRIL 21, 2015
INTRODUCED BY Senator Leno
(Coauthors: Senators Pan and Wieckowski)
(Coauthors: Assembly Members Cooley and Gordon)
JANUARY 16, 2015
An act to amend Sections 225, 226, 229, and 230 of, and to add
Section 208.3 to, the Welfare and Institutions Code, relating to
juveniles.
LEGISLATIVE COUNSEL'S DIGEST
SB 124, as amended, Leno. Juveniles: solitary confinement.
(1) Existing law permits minors who are detained in juvenile hall
for habitual disobedience, truancy, or curfew violation to be held in
the same facility as minors who are detained for violating any law
or ordinance defining a crime, if they do not come or remain in
contact with each other. Existing law also permits the detention of
minors in jails and other secure facilities for the confinement of
adults if the minors do not come or remain in contact with confined
adults and other specified conditions are met.
Existing law, the Lanterman-Petris-Short Act, authorizes the
involuntary detention for a period of 72 hours for the evaluation of
a person, including a minor who is dangerous to himself or herself or
others, or gravely disabled, as defined.
This bill would prohibit a person confined in a juvenile facility
who is an imminent danger to himself, herself, or others as a result
of a mental disorder, or who is gravely disabled, from being subject
to solitary confinement. The bill would also prohibit a person, other
than a person described above, who is detained in any secure state
or local juvenile facility from being subject to solitary confinement
unless certain conditions are satisfied, including that the person
poses an immediate and substantial risk of harm to the security of
the facility, to himself or herself, or to others that is not the
result of a mental disorder. The bill would permit, if those
conditions are satisfied, the person to be held in solitary
confinement only in accordance with specified guidelines, including
that the person be held in solitary confinement only for the minimum
time required to address the risk, and that does not compromise the
mental and physical health of the person, but no longer than 4 hours.
The bill would require each local and state juvenile facility to
document the usage of solitary confinement, as prescribed. The bill
would authorize a person confined in a juvenile facility to request a
voluntary time out, as defined, for no longer than 2 hours in a
24 -hour period and would require voluntary time
outs to be documented. By increasing the duties of local juvenile
facilities, the bill would impose a state-mandated local program.
(2) Existing law establishes a juvenile justice commission in each
county, but authorizes the boards of supervisors of 2 or more
adjacent counties to agree to establish a regional juvenile justice
commission in lieu of a county juvenile justice commission. Existing
law specifies the membership of these commissions, including that 2
or more members shall be persons who are 14 to 21 years of age,
inclusive, and that a regional juvenile justice commission shall
consist of not less than 8 citizens.
This bill would increase the membership of a regional juvenile
justice commission to no less than 10 members. The bill would also
require that 2 or more members of a juvenile justice commission or a
regional juvenile justice commission be parents or guardians of
previously incarcerated youth, and one member be a licensed
psychiatrist, licensed psychologist, or licensed clinical social
worker with expertise in adolescent development.
Existing law requires a juvenile justice commission to annually
inspect any jail or lockup that, in the preceding calendar year, was
used for confinement for more than 24 hours of any minor, and to
report the results of the inspection, together with its
recommendations based thereon, in writing, to the juvenile court and
the Board of State and Community Corrections.
This bill would instead require a juvenile justice commission to
inspect any jail, lockup, or facility that, in the preceding calendar
year, was used for confinement for more than 24 hours of any minor
and would require, as a part of that inspection, a review of the
records of the jail, lockup, or facility relating to the use of
solitary confinement. The bill would require the commission to report
the results of the inspection, together with its recommendations
based thereon, in writing, to the juvenile court, the Board of State
and Community Corrections, and the county board of supervisors. The
bill would require the commission to annually present its report at a
regularly scheduled public meeting of the county board of
supervisors, and to publish the report on the county government's
Internet Web site. The bill also would authorize a commission to
publicize its recommendations made to any person charged with
administration of the Juvenile Court Law on the county government's
Internet Web site or other publicly accessible medium.
By increasing the duties of local commissions and county boards of
supervisors, this bill would impose a state-mandated local program.
(3) Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.
This bill would make legislative findings to that effect.
(4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 208.3 is added to the Welfare and Institutions
Code, to read:
208.3. (a) For purposes of this section, the following
definitions shall apply:
(1) "Juvenile facility" includes any of the following:
(A) A juvenile hall, as described in Section 850.
(B) A juvenile camp or ranch, as described in Article 24
(commencing with Section 880).
(C) A facility of the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities.
(D) A regional youth educational facility, as described in Section
894.
(E) A youth correctional center, as described in Article 9
(commencing with Section 1850) of Chapter 1 of Division 2.5.
(F) Any other local or state facility used for the confinement of
minors or wards.
(2) "Minor" means a person who is any of the following:
(A) A person under 18 years of age.
(B) A person under the maximum age of juvenile court jurisdiction
who is confined in a juvenile facility.
(C) A person under the jurisdiction of the Department of
Corrections and Rehabilitation, Division of Juvenile Facilities.
(3) "Solitary confinement" means the placement of an incarcerated
person in a locked sleep room or cell alone with minimal or no
contact with persons other than guards, correctional facility staff,
and attorneys. Solitary confinement does not include confinement of a
person in a single-person room or cell for brief periods of
locked-room confinement necessary for required institutional
operations, including, but not limited to, shift changes, showering,
unit movements, and protection against communicable diseases with the
written approval of a licensed physician for the shortest amount of
time required to reduce the risk of infection in cases where a person
is not required to be in an infirmary for an illness.
(4) "Voluntary time out" means a brief period of time in a sleep
room or cell upon the written and signed request of the person
confined in a juvenile facility.
(5) "Ward" means a person who has been declared a ward of the
court pursuant to subdivision (a) of Section 602.
(b) A person confined in a juvenile facility who is an imminent
danger to himself, herself, or others as a result of a mental
disorder, or who is gravely disabled, as defined in subdivision (h)
of Section 5008, shall not be subject to solitary confinement.
(c) A person confined in any secure state or local juvenile
facility, and who is not described in subdivision (b), shall be
subject to solitary confinement only if all of the following are
true:
(1) The person poses an immediate and substantial risk of harm to
the security of the facility, to himself or herself, or to others
that is not the result of a mental disorder.
(2) All other less-restrictive options to address the risk have
been attempted and exhausted.
(3) The performance of solitary confinement is done in accordance
with the following guidelines:
(A) The person may be held in solitary confinement only for the
minimum time required to address the risk, and for a period of time
that does not compromise the mental and physical health of the minor
or ward, but not to exceed four hours. After the person is held in
solitary confinement, the person shall be returned to regular
programming or placed in individualized programming that does not
involve solitary confinement. If a person who is released from
solitary confinement and is returned to regular or individualized
programming poses an immediate and substantial risk of harm to
himself or herself, or to others, he or she may be placed back into
solitary confinement only in accordance with the protections and
requirements of this section, and that confinement shall be treated
as a new and separate use of solitary confinement for the purposes of
subdivisions (c), (d), and (e).
(B) If a person in solitary confinement poses a risk of harm to
himself or herself that is not a result of a mental disorder, the
condition of the person shall be monitored closely by custody staff
of the juvenile facility.
(C) The use of consecutive periods of solitary confinement in
excess of four hours shall be prohibited.
(d) Solitary confinement shall not be used for the purposes of
discipline, punishment, coercion, convenience, or retaliation by
staff.
(e) For each incident when solitary confinement is used, each
local and state juvenile facility shall document the usage of
solitary confinement, including all of the following:
(1) The name, age, gender, and race of the person subject to
solitary confinement.
(2) The date and time the person was placed in solitary
confinement.
(3) The date and time the person was released from solitary
confinement.
(4) The name and position of person authorizing the placement of
the person in solitary confinement.
(5) The names of staff involved in the incident leading to the use
of solitary confinement.
(6) A description of circumstances leading to use of solitary
confinement.
(7) A description of alternative actions and sanctions attempted
and found unsuccessful.
(8) The dates and times when staff checked in on the person when
he or she was in solitary confinement, and the person's behavior
during the check.
(f) The records described in subdivisions (e) and (h), excluding
any identifying information, shall be available for public inspection
pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code).
(g) If a state or local juvenile facility currently documents the
usage of solitary confinement consistent with the requirements
imposed under subdivision (e) and meets the requirements of
subdivision (f), then duplicative documentation shall not be
required.
(h) A person confined in a juvenile facility may request a
voluntary time out for no longer than two hours.
hours in a 24 -hour period. During
any voluntary time out, the person shall may
participate in all programming and meals. The person may end
his or her voluntary time out at any point upon notifying a staff
member. Voluntary time outs shall be documented and include the name
of the person requesting the time out, his or her signature, when the
voluntary time out began, and when it ended.
(i) This section is not intended to limit the use of single-person
rooms or cells for the housing of persons in juvenile facilities.
(j) This section does not apply to minors or wards in court
holding facilities or adult facilities.
(k) Nothing in this section shall be construed to conflict with
any law providing greater or additional protections to minors or
wards.
SEC. 2. Section 225 of the Welfare and Institutions Code is
amended to read:
225. (a) In each county there shall be a juvenile justice
commission consisting of not less than 7 and no more than 15
citizens. Two or more of the members shall be persons who are 14 to
21 years of age, inclusive. Two or more of the members shall be
parents or guardians of previously incarcerated youth. One member
shall be a licensed psychiatrist, licensed psychologist, or licensed
clinical social worker with expertise in adolescent development. Each
person serving as a member of a probation committee immediately
prior to September 15, 1961, shall be a member of the juvenile
justice commission and shall continue to serve until his or her term
of appointment as a member of the probation committee would have
expired under any prior law. Upon a vacancy occurring in the
membership of the commission, and upon the expiration of the term of
office of any member, a successor shall be appointed by the presiding
judge of the superior court with the concurrence of the judge of the
juvenile court or, in a county having more than one judge of the
juvenile court, with the concurrence of the presiding judge of the
juvenile court for a term of four years. If a vacancy occurs for any
reason other than the expiration of a term of office, the appointee
to fill the vacancy shall hold office for the unexpired term of his
or her predecessor.
(b) Appointments may be made by the presiding judge of the
superior court, in the same manner designated in this section for the
filling of vacancies, to increase the membership of a commission to
the maximum of 15 members in any county that has a commission with a
membership of less than 15 members.
(c) In any county in which the membership of the commission, on
the effective date of amendments to this section enacted at the 1971
Regular Session of the Legislature, exceeds the maximum number
permitted by this section, no additional appointments shall be made
until the number of commissioners is less than the maximum number
permitted by this section. In any case, that county's commission
membership shall, on or after January 1, 1974, be no greater than the
maximum number permitted by this section.
SEC. 3. Section 226 of the Welfare and Institutions Code is
amended to read:
226. In lieu of county juvenile justice commissions, the boards
of supervisors of two or more adjacent counties may agree to
establish a regional juvenile justice commission consisting of not
less than 10 citizens, and having a sufficient number of members so
that their appointment may be equally apportioned between the
participating counties. Two or more of the members shall be persons
who are 14 to 21 years of age, inclusive. Two or more of the members
shall be parents or guardians of previously incarcerated youth. One
member shall be a licensed psychiatrist, licensed psychologist, or
licensed clinical social worker with expertise in adolescent
development. The presiding judge of the superior court with the
concurrence of the judge of the juvenile court or, in a county having
more than one judge of the juvenile court, with the concurrence of
the presiding judge of the juvenile court of each of the
participating counties shall appoint an equal number of members to
the regional justice commission and the members shall hold office for
a term of four years. Of those first appointed, however, if the
number of members appointed is an even number, one-half shall serve
for a term of two years and one-half shall serve for a term of four
years. If the number of members first appointed is an odd number, the
greater number nearest one-half shall serve for a term of two years
and the remainder shall serve for a term of four years. The
respective terms of the members first appointed shall be determined
by lot as soon as possible after their appointment. Upon a vacancy
occurring in the membership of the commission, and upon the
expiration of the term of office of any member, a successor shall be
appointed by the presiding judge of the superior court with the
concurrence of the judge of the juvenile court or, in a county having
more than one judge of the juvenile court, with the concurrence of
the presiding judge of the juvenile court of the county that
originally appointed the vacating or retiring member. If a vacancy
occurs for any reason other than the expiration of a term of office,
the appointee shall hold office for the unexpired term of his or her
predecessor.
SEC. 4. Section 229 of the Welfare and Institutions Code is
amended to read:
229. (a) It shall be the duty of a juvenile justice commission to
inquire into the administration of the juvenile court law in the
county or region in which the commission serves. For this purpose the
commission shall have access to all publicly administered
institutions authorized or whose use is authorized by this chapter
situated in the county or region, shall inspect those institutions at
least once a year, and may hold public hearings. A judge of the
juvenile court may issue subpoenas requiring attendance and testimony
of witnesses and production of papers at hearings of the commission.
(b) A juvenile justice commission shall annually inspect any jail,
lockup, or facility within the county that, in the preceding
calendar year, was used for confinement for more than 24 hours of any
minor. As a part of the annual inspection, a juvenile justice
commission shall review the records of the jail, lockup, or facility
relating to the use of solitary confinement, as defined in paragraph
(3) of subdivision (a) of Section 208.3. The commission shall report
the results of the inspection, together with its recommendations
based thereon, in writing, to the juvenile court, the county board of
supervisors, and to the Board of State and Community Corrections.
The report shall be presented annually as part of a regularly
scheduled public meeting of the county board of supervisors, and may
be published on the county government's Internet Web site.
SEC. 5. Section 230 of the Welfare and Institutions Code is
amended to read:
230. A juvenile justice commission may recommend to any person
charged with the administration of any of the provisions of this
chapter those changes it has concluded, after investigation, will be
beneficial. A commission may publicize its recommendations on the
county government's Internet Web site or other publicly accessible
medium.
SEC. 6. The Legislature finds and declares that Section 1 of this
act, which adds Section 208.3 to the Welfare and Institutions Code,
imposes a limitation on the public's right of access to the meetings
of public bodies or the writings of public officials and agencies
within the meaning of Section 3 of Article I of the California
Constitution. Pursuant to that constitutional provision, the
Legislature makes the following findings to demonstrate the interest
protected by this limitation and the need for protecting that
interest:
In order to protect the privacy and medical information of persons
confined in secure state and local juvenile facilities and held in
solitary confinement, it is necessary that identifying information
about those persons be kept confidential.
SEC. 7. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
