Bill Text: CA AB1321 | 2019-2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public lands: State Lands Commission: coastal ports: automated technology.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Engrossed - Dead) 2019-09-09 - Ordered to inactive file at the request of Senator Beall. [AB1321 Detail]

Download: California-2019-AB1321-Amended.html

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Amended  IN  Assembly  May 16, 2019

Amended  IN  Assembly  March 27, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 1321

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Introduced by Assembly Member Gipson

February 22, 2019

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An act to add Section 209.5 to the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL'S DIGEST

AB 1321, as amended, Gipson. Juvenile facilities: use of chemical spray.

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 require the custodian of each juvenile facility to report quarterly to the board on the use of chemical agents in the facility. The bill would require the board to conduct inspections of juvenile facilities in the top quartile of chemical agent use. The bill would require the Legislative Analyst’s Office to conduct a study on the use of chemical agents in juvenile facilities and report to the Legislature by June 1, 2021. By imposing the new reporting duty on local juvenile facilities, this bill would impose a state-mandated local program.

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 the statutory provisions noted above.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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Bill Text

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

SECTION 1.

 Section 209.5 is added to the Welfare and Institutions Code, to read:

209.5.

(a)The Legislature finds and declares that the use of chemical agents in juvenile facilities is inconsistent with the rehabilitative purpose of the juvenile court. It is the intent of the Legislature that information regarding the use of chemical agents in juvenile facilities be collected in order to aid in the development of alternatives to the use of chemical agents.

(b)

209.5.

 (a) On March 1, June 1, September 1, and December 1, of each year, the custodian of each juvenile facility shall report to the Board of State and Community Corrections the following information regarding the use of chemical agents in the facility, which shall be posted on the Board of State and Community Corrections’ internet website in a manner that is accessible to the public:

(1) The number of instances in which chemical agents were used in the facility and number of minors affected by the use of chemical agents.

(2) For each instance of use of a chemical agent, all of the following:

(A) Demographic information, including age, gender, and race, of minors affected by each use of chemical agents, agents and whether the minor or minors affected were predisposition or postdisposition, and whether the minors affected have a documented disability. postdisposition.

(B) The date, time, and location within each facility of each use of chemical agents.

(C)The efforts made to deescalate prior to the use of chemical agents.

(D)

(C) The stated reason for the use of chemical agents.

(E)

(D) Other physical force techniques used in conjunction with or after the use of chemical agents, and the techniques that were used.

(F)

(E) Decontamination procedures employed after the use of chemical agents. agents, if any.

(G)

(F) Injuries to minors resulting from the use of chemical agents, and of those, the number of injuries resulting in hospitalization. hospitalization, if any.

(H)

(G) Injuries to staff caused by the use of chemical agents.

(3)The number of instances in which minors not involved in a precipitating incident were affected by chemical agents and number of minors affected.

(4)The facility’s policies for all of the following:

(A)Use of force and the use of chemical agents.

(B)Identifying minors for whom the use of chemical agents is contraindicated.

(C)Deescalation prior to the use of force, including the use of chemical agents.

(D)Decontamination following the use of chemical agents.

(c)Commencing January 1, 2021, and on an annual basis thereafter, the Board of State and Community Corrections shall conduct inspections of the juvenile facilities in the top quartile of use of chemical agents per capita based on average daily population over the previous year and provide training and technical assistance regarding deescalation techniques and alternatives to the use of chemical agents.

(3) The facility’s policies on chemical agents.

(d)

(b) (1) The Legislative Analyst’s Office shall conduct a study of the use of chemical agents in juvenile facilities. The study shall include all of the following:

(A) An analysis of the data provided to the Board of State and Community Corrections pursuant to this section.

(B)A study of the policies and practices of juvenile facilities that do not employ chemical agents.

(C)

(B) A study of the policies and practices of juvenile facilities in the top quartile of use of chemical agents per capita based on average daily population over the previous year.

(D)

(C) Consultation with stakeholders, including individuals currently or formerly detained in juvenile facilities.

(E)Consideration of the best practices of other states that have eliminated the use of chemical agents in juvenile facilities.

(F)Recommendations for the reduction or elimination of the use of chemical agents in juvenile facilities.

(D) Based on the description of an event, whether it is alleged the chemical agent was used to mitigate or prevent a physical altercation between one or more minors and between one or more minors and institutional staff members.

(2) The Legislative Analyst’s Office shall submit a report, including, but not necessarily limited to, the data and analysis required by this section to the Legislature on or before January 1, 2021.

(3) (A) The requirement for submitting a report imposed under paragraph (2) is inoperative on January 1, 2025, pursuant to Section 10231.5 of the Government Code.

(B) A report to be submitted pursuant to paragraph (2) shall be submitted in compliance with Section 9795 of the Government Code.

(e)

(c) For purposes of this section, the following definitions apply:

(1) “Chemical agent” means a chemical-based agent designed to debilitate or incapacitate a person, or to cause a temporary burning sensation and inflammation of mucous membranes and eyes leading to involuntary closure, including, but not limited to, tear gas, mace, oleoresin capsicum, or pepper spray.

(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 Justice.

SEC. 2.

 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.