Bill Text: CA SB124 | 2015-2016 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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 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 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, 230, and 240
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 evaluation of
persons, including minors, who are dangerous to self or others, or
gravely disabled, as defined.
This bill would prohibit a person confined in a juvenile facility
who is a 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,
and would require that the person be transported to, and evaluated
at, a designated facility. confinement. The bill
would also prohibit a person, other than one 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,
poses an immediate and substantial risk of harm to
himself or herself, or to others that is not the result of a
mental disorder, or poses a risk of harm to himself or
herself that is not a result of a mental disorder.
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. 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.
Existing law also establishes a probation commission, consisting
of not less than 7 members, in lieu of a juvenile justice commission
in counties with a population in excess of 6,000,000.
This bill would increase the membership of a regional juvenile
justice commission to no less than 10 members and would
require a probation commission to include 2 or more members who are
14 to 21 years of age, inclusive. members. The
bill would also require that 2 or more members of a juvenile justice
commission, commission or a regional
juvenile justice commission, or a probation
commission be parents or guardians of previously or
currently 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
and a probation 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 person
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, and unit movements.
(4) "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 a
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, and shall be transported to, and
evaluated at, a designated facility, as defined in subdivision (n) of
Section 5008, pursuant to Section 5150 or Section 5585.50.
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, the person poses an immediate
and substantial risk of harm to to himself or herself,
or to others that is not the result of a mental
disorder, or the person poses a risk of harm to himself or herself
that is not a result of a mental disorder. 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 it appears during the time
a person is held in solitary confinement that the person is suffering
from a mental disorder, the juvenile facility shall consult with a
qualified mental health professional to determine whether the person
suffers from a mental disorder. If the person suffers from a mental
disorder that may warrant a higher level of care than can be provided
at the juvenile facility and the person continues to pose a risk of
harm, the juvenile facility shall transport the person to a mental
health facility. 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) Each 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 subdivision (e), 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.
(g)
( h) This section is not intended to limit
the use of single-person rooms or cells for the housing of persons in
juvenile facilities.
(h)
(i) This section does not apply to minors or wards in
court holding facilities or adult facilities.
(i)
(j) 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 or currently
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 or currently
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
or a probation 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 or probation 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 person.
minor. As a part of the annual inspection, a juvenile
justice commission or probation 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 or probation
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. Section 240 of the Welfare and
Institutions Code is amended to read:
240. In counties having a population in excess of 6,000,000 in
lieu of a county juvenile justice commission, there shall be a
probation commission consisting of not less than seven members who
shall be appointed by the same authority as that authorized to
appoint the probation officer in that county. Two or more of the
members shall be 14 to 21 years of age, inclusive. Two or more of the
members shall be parents or guardians of previously or currently
incarcerated youth. One member shall be a licensed psychiatrist,
licensed psychologist, or licensed clinical social worker with
expertise in adolescent development.
SEC. 7. 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. 8. 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.
