Bill Text: CA SB1143 | 2015-2016 | Regular Session | Amended

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

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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-Amended.html

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BILL NUMBER: SB 1143	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 29, 2016

INTRODUCED BY   Senator Leno

                        FEBRUARY 18, 2016

    An act to amend Section 208.5 of the Welfare and
Institutions Code, relating to juveniles.   An act to
add Section 208.3 to the Welfare and Institutions Code, relating to
juveniles. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1143, as amended, Leno.  Juveniles.  
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
performance of 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.  
   Existing law provides that the purpose of the juvenile court law
is to provide for the protection and safety of the public and of
minors under the jurisdiction of the juvenile court. Existing law
requires that minors under the jurisdiction of the juvenile court
receive the care, treatment, and guidance consistent with their best
interests. Existing law requires a minor detained or committed to a
juvenile facility who reaches a certain age to be transferred to an
adult facility, unless the juvenile court orders continued detention
in a juvenile facility, as specified.  
   This bill would make technical, nonsubstantive changes to that
provision. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  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) 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 all other
less-restrictive options have been attempted and exhausted.
   (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 written authorization by the facility superintendent or
the Director of Juvenile Justice 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 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.  
  SECTION 1.    Section 208.5 of the Welfare and
Institutions Code is amended to read:
   208.5.  (a) Notwithstanding any other law, in any case in which a
minor who is detained in, or committed to, a county institution
established for the purpose of housing juveniles attains 18 years of
age prior to or during the period of detention or confinement, he or
she may be allowed to come or remain in contact with those juveniles
until 19 years of age, at which time he or she, upon the
recommendation of the probation officer, shall be delivered to the
custody of the sheriff for the remainder of the time he or she
remains in custody, unless the juvenile court orders continued
detention in a juvenile facility. If continued detention is ordered
for a ward under the jurisdiction of the juvenile court who is 19
years of age or older, but under 21 years of age, the detained person
may be allowed to come into or remain in contact with any other
person detained in the institution subject to the requirements of
subdivision (b). The person shall be advised of his or her ability to
petition the court for continued detention in a juvenile facility at
the time of his or her attainment of 19 years of age.
Notwithstanding any other law, the sheriff may allow the person to
come into and remain in contact with other adults in the county jail
or in any other county correctional facility in which he or she is
housed.
   (b) The county shall apply to the Corrections Standards Authority
for approval of a county institution established for the purpose of
housing juveniles as a suitable place for confinement before the
institution is used for the detention or commitment of an individual
under the jurisdiction of the juvenile court who is 19 years of age
or older, but under 21 years of age where the detained person will
come into or remain in contact with persons under 18 years of age who
are detained in the institution. The authority shall review and
approve or deny the application of the county within 30 days of
receiving notice of this proposed use. In its review, the authority
shall take into account the available programming, capacity, and
safety of the institution as a place for the combined confinement and
rehabilitation of individuals under the jurisdiction of the juvenile
court who are over 19 years of age and those who are under 19 years
of age.