CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1165

Introduced by Assembly Member Gipson
(Principal coauthors: Assembly Members Cristina Garcia and Luz Rivas)
(Coauthors: Assembly Members Bonta, Carrillo, Chau, Chiu, Holden, Lee, Stone, and Ting)

February 18, 2021

An act to add Section 208.4 to the Welfare and Institutions Code, relating to juveniles.


LEGISLATIVE COUNSEL'S DIGEST


AB 1165, as introduced, Gipson. Juvenile facilities: storage and use of chemical agents.
Existing law provides for the housing of juvenile wards of the court in juvenile facilities, including juvenile halls and forestry camps. Existing law requires the Board of State and Community Corrections to adopt minimum standards for the operation and maintenance of juvenile halls for the confinement of minors. Existing law requires the judge of the juvenile court of the county to annually inspect any jail or juvenile hall that was used for the confinement of any minor and to notify the operator of the jail or juvenile hall of any observed noncompliance with the minimum standards of the juvenile facility adopted by the board.
This bill would prohibit the use or storage of a chemical agent, as defined, inside, or on the grounds of, a juvenile facility. The bill would require an entity that manages, operates, or owns a juvenile facility to dispose of all chemical agents in its possession on or before December 31, 2022, and to notify the board of that disposition.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 208.4 is added to the Welfare and Institutions Code, to read:

208.4.
 (a) A chemical agent shall not be used inside, or on the grounds of, a juvenile facility.
(b) A chemical agent shall not be stored in, or on the grounds of, a juvenile facility.
(c) (1) An entity that manages, operates, or owns a juvenile facility shall not purchase, rent, acquire, own, or store a chemical agent.
(2) An entity that manages, operates, or owns a juvenile facility shall dispose of all chemical agents in its possession on or before December 21, 2022, and shall notify the Board of State and Community Corrections when all chemical agents in its possession have been disposed.
(d) For purposes of this section, the following definitions shall apply:
(1) “Chemical agent” means a chemical-based agent designed to debilitate or incapacitate a person, including, but not limited to, any of the following:
(A) Phenacyl chloride or chloroacetophenone gas, commonly known as CN gas, tear gas, or mace.
(B) 2-chlorobenzalmalononitrile or orthochlorobenzalmalononitrile gas, commonly known as CS gas.
(C) Dibenzoxazepine, commonly known as CR gas or DBO.
(D) Oleoresin capsicum spray, commonly known as OC spray, capsaicin spray, capsicum spray, or pepper spray.
(E) Any lachrymatory agent or lachrymator that causes irritation, a temporary burning sensation, bronchoconstriction, nausea, vomiting, inflammation of mucous membranes, blepharospasm, inflammation of eyes, or other systemic effects including dizziness, disorientation, panic, or loss of control of motor activity.
(2) “Juvenile facility” means 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 Justice.
(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) A juvenile regional facility as described in Section 5695.
(G) Any other local or state facility used for the confinement of minors or wards.