Bill Text: CA SB1143 | 2015-2016 | Regular Session | Chaptered
Bill Title: Juveniles: room confinement.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2016-09-27 - Chaptered by Secretary of State. Chapter 726, Statutes of 2016. [SB1143 Detail]
Download: California-2015-SB1143-Chaptered.html
BILL NUMBER: SB 1143 CHAPTERED
BILL TEXT
CHAPTER 726
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2016
APPROVED BY GOVERNOR SEPTEMBER 27, 2016
PASSED THE SENATE AUGUST 25, 2016
PASSED THE ASSEMBLY AUGUST 18, 2016
AMENDED IN ASSEMBLY AUGUST 15, 2016
AMENDED IN SENATE MAY 31, 2016
AMENDED IN SENATE MARCH 29, 2016
INTRODUCED BY Senator Leno
(Coauthor: Senator Monning)
FEBRUARY 18, 2016
An act to add Section 208.3 to the Welfare and Institutions Code,
relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
SB 1143, Leno. Juveniles: room confinement.
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, commencing January 1, 2018, place restrictions on
the use of room confinement of minors or wards who are confined in a
juvenile facility, as specified. The bill would require the
placement of a minor or ward in room confinement to be conducted in
accordance with specified guidelines. By increasing the duties of
local entities in connection with local juvenile facilities, the 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 these
statutory provisions.
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) A juvenile regional facility as described in Section 5695.
(G) 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) "Room confinement" means the placement of a minor or ward in a
locked sleeping room or cell with minimal or no contact with persons
other than correctional facility staff and attorneys. Room
confinement does not include confinement of a minor or ward in a
single-person room or cell for brief periods of locked room
confinement necessary for required institutional operations.
(4) "Ward" means a person who has been declared a ward of the
court pursuant to subdivision (a) of Section 602.
(b) The placement of a minor or ward in room confinement shall be
accomplished in accordance with the following guidelines:
(1) Room confinement shall not be used before other less
restrictive options have been attempted and exhausted, unless
attempting those options poses a threat to the safety or security of
any minor, ward, or staff.
(2) Room confinement shall not be used for the purposes of
punishment, coercion, convenience, or retaliation by staff.
(3) Room confinement shall not be used to the extent that it
compromises the mental and physical health of the minor or ward.
(c) A minor or ward may be held up to four hours in room
confinement. After the minor or ward has been held in room
confinement for a period of four hours, staff shall do one or more of
the following:
(1) Return the minor or ward to general population.
(2) Consult with mental health or medical staff.
(3) Develop an individualized plan that includes the goals and
objectives to be met in order to reintegrate the minor or ward to
general population.
(d) If room confinement must be extended beyond four hours, staff
shall do the following:
(1) Document the reason for room confinement and the basis for the
extension, the date and time the minor or ward was first placed in
room confinement, and when he or she is eventually released from room
confinement.
(2) Develop an individualized plan that includes the goals and
objectives to be met in order to reintegrate the minor or ward to
general population.
(3) Obtain documented authorization by the facility superintendent
or his or her designee every four hours thereafter.
(e) This section is not intended to limit the use of single-person
rooms or cells for the housing of minors or wards in juvenile
facilities and does not apply to normal sleeping hours.
(f) This section does not apply to minors or wards in court
holding facilities or adult facilities.
(g) Nothing in this section shall be construed to conflict with
any law providing greater or additional protections to minors or
wards.
(h) This section does not apply during an extraordinary, emergency
circumstance that requires a significant departure from normal
institutional operations, including a natural disaster or
facility-wide threat that poses an imminent and substantial risk of
harm to multiple staff, minors, or wards. This exception shall apply
for the shortest amount of time needed to address the imminent and
substantial risk of harm.
(i) This section does not apply when a minor or ward is placed in
a locked cell or sleep room to treat and protect against the spread
of a communicable disease for the shortest amount of time required to
reduce the risk of infection, with the written approval of a
licensed physician or nurse practitioner, when the minor or ward is
not required to be in an infirmary for an illness. Additionally, this
section does not apply when a minor or ward is placed in a locked
cell or sleep room for required extended care after medical treatment
with the written approval of a licensed physician or nurse
practitioner, when the minor or ward is not required to be in an
infirmary for illness.
(j) This section shall become operative on January 1, 2018.
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.
