Bill Text: CA SB1363 | 2011-2012 | Regular Session | Amended
Bill Title: Juveniles: solitary confinement.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2012-05-21 - Returned to Secretary of Senate pursuant to Joint Rule 62(a). [SB1363 Detail]
Download: California-2011-SB1363-Amended.html
BILL NUMBER: SB 1363 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 9, 2012
INTRODUCED BY Senator Yee
( Coauthor: Senator Vargas
)
( Coauthor: Assembly Member
Ammiano )
FEBRUARY 24, 2012
An act to amend Sections 225, 226, 229, and 230 of, and
to add Section 208.3 to , the Welfare and Institutions
Code, relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
SB 1363, as amended, Yee. Juveniles: solitary confinement.
Existing
(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.
This bill would provide that a minor or ward who is detained in,
or sentenced to, any juvenile facility , jail, or
other secure state or local facility shall not be subject to solitary
confinement, as defined, unless the minor or ward poses an immediate
and substantial risk of harm to others or to the security of the
facility, and all other less-restrictive options have been exhausted.
The bill would permit the minor or ward to be held in solitary
confinement only in accordance with specified guidelines,
including that the minor or ward be held in solitary
confinement only for the minimum time required to address the
safety risk, but only if and that does not
compromise the mental and physical health of the minor or ward
is not compromised . The bill would require
clinical staff to evaluate a minor or ward , and to issue a
written directive that the minor or ward shall not be placed in
solitary confinement if specified determinations are made. The bill
would require these evaluations to be incorporated into the initial
intake assessment made by clinical staff before a minor or ward is
detained or committed to placement, and to be reviewed during
regularly scheduled mental health appointments, assessments, or
evaluations with clinical staff. The bill would require clinical
staff to evaluate a minor or ward in solitary confinement daily to
determine whether the minor or ward shall remain in solitary
confinement face to face within one hour after
placement, and every 4 hours thereafter, as specified. The bill would
require treatment staff to implement an individualized suicide
crisis intervention plan, as specified, before subjecting a minor or
ward who has exhibited suicidal behavior or committed acts of
self-harm to solitary confinement . 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 between 14 and 21 years of
age, inclusive, and that a regional juvenile justice commission shall
consist of not less than 8 citizens. 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. Existing law authorizes a commission to recommend to any
person charged with the administration of the Juvenile Court Law
those changes as it has concluded, after investigation, will be
beneficial, and to publicize its recommendations.
This bill would provide that 2 or more members of these
commissions shall be parents or guardians of previously or currently
incarcerated youth, and one member shall be a licensed social worker
with expertise in adolescent development. The bill also would
increase from 8 to 10 the minimum number of members of a regional
juvenile justice commission. The bill would require a juvenile
justice commission, as part of its annual inspection of facilities,
to review the records of the jail, lockup, or facility as to the use
of solitary confinement, and to report the results of the inspection,
together with its recommendations based thereon, in writing, to the
juvenile court, the county board of supervisors, and the Board of
State and Community Corrections. The bill would require the
commission to present its report at an annual hearing on the
condition of juvenile justice corrections as part of a regularly
scheduled public meeting of the county board of supervisors, and to
publish the report on the county government Internet Web site. The
bill also would require a commission to publicize its recommendations
made to any person charged with administration of the Juvenile Court
Law on the county government Internet Web site.
The
(3) 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) "Clinician" means a licensed health or mental health care
professional.
(2) "Minor" means a person who is under 18 years of age or a
person under the maximum age of juvenile court jurisdiction who is
confined in a juvenile facility.
(1)
(3) "Solitary confinement" means the involuntary
holding of a person in isolation from persons, other
than guards, custodial and clinical staff, and an attorney, for 16 or
more hours per day a room, cell, or area from which
the person is prevented from leaving .
(2)
(4) "Ward" means a person who has been declared a ward
of the court pursuant to subdivision (a) of Section 602.
(b) (1) A minor or ward who
is detained in, or sentenced to, any juvenile facility ,
jail, or other secure state or local facility shall not be
subject to solitary confinement, unless the minor or ward poses an
immediate and substantial risk of harm to others or to the security
of the facility, and all other less-restrictive options have been
exhausted. A minor or ward may be held in solitary confinement only
for the minimum time required to address the safety risk,
but only if the mental and physical health of the minor or ward is
not compromised. in accordance with all of the
following guidelines:
(1) The minor or ward shall be held in solitary confinement only
for the minimum time required to address the safety risk, and that
does not compromise the mental and physical health of the minor or
ward.
(2) The minor or ward shall be evaluated face to face by a
clinician within one hour after placement in solitary confinement,
and every four hours thereafter to determine if the minor or ward
shall remain in solitary confinement. Each evaluation shall be
documented and shall include the reason for continued placement in
solitary confinement.
(3) The minor or ward shall not be placed in solitary confinement
for more than 24 consecutive hours in a one-week period without the
written approval of the Chief of the Division of Juvenile Facilities
or his or her designee.
(2) A minor or ward shall be evaluated by clinical staff to
determine whether either of the following apply to the minor or ward.
If either of the following apply, clinical staff shall issue a
written directive that the minor or ward shall not be placed in
solitary confinement:
(A) Placement in solitary confinement would exacerbate his or her
mental health condition or illness.
(B) Placement in solitary confinement would contribute to suicidal
acts or other self-harming behavior.
(3) Evaluations pursuant to paragraph (2) shall be incorporated
into the initial intake assessment made by clinical staff before a
minor or ward is detained or committed to placement, either
preadjudication or postadjudication, and shall be reviewed during
regularly scheduled mental health appointments, assessments, or
evaluations with clinical staff.
(4) If the clinical staff approves placing the minor or ward in
solitary confinement, the supervisor of the clinical staff may review
the report and shall have the authority to overrule the
recommendation for placement in solitary confinement.
(c) Solitary confinement shall not be used for the purposes of
discipline or , punishment ,
coercion, convenience, or retaliation by staff .
(d) (1) A minor or ward who has exhibited
suicidal behavior or committed acts of self-harm shall not be subject
to solitary confinement . ,
except as provided in paragraphs (1) and (2) of subdivision (b), and
if both of the following conditions are met:
(A) The condition of the minor or ward is monitored closely by a
clinician in order to reduce and eliminate the risk of self-harm.
(B) Treatment staff implement an individualized suicide crisis
intervention plan approved by a clinician within four hours of
placing the minor or ward in solitary confinement.
(2) The minor or ward shall be moved to an off-site hospital or
mental health hospital if the suicide risk is not resolved within 24
hours.
(e) Each local and state juvenile facility shall document the
usage of solitary confinement, including the dates and duration of
each occurrence and the reason for placement in solitary confinement.
These records 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).
(e) A minor or ward placed in solitary confinement shall not be
deprived of any of the following:
(1) Bed and bedding.
(2) Daily shower, access to a drinking fountain, a toilet,
personal hygiene items, and clean clothing.
(3) Full nutrition.
(4) Contact with attorneys.
(5) Exercise.
(6) Medical services and mental health counseling.
(7) Religious services.
(8) Clean and sanitary living conditions.
(9) The right to send and receive mail.
(10) Education.
(11) Telephone calls and visitation during regular visiting hours.
(f) A minor whose disposition is in a county juvenile facility,
group home, or other probation-contracted facility shall not be
placed in solitary confinement within 60 days of his or her program
completion date. A ward confined to the custody of the Department of
Corrections and Rehabilitation, Division of Juvenile Facilities,
shall not be placed in solitary confinement within 150 days of his or
her discharge consideration.
(g) A minor or ward may request placement in solitary confinement.
The request may be granted only under exceptional circumstances with
the approval of the facility superintendent, county probation chief,
or facility principal, or the designee of any of those persons, and
if relevant, only after paragraphs (2) and (3) of subdivision (b)
have been satisfied. The facility superintendent, county probation
chief, or facility principal, or the designee of any of those
persons, shall explain in writing the reason for granting or denying
the request. A minor or ward in solitary confinement based solely on
his or her request may request, and shall be granted, release from
solitary confinement at any time.
(h) Clinical staff shall evaluate a minor or ward in solitary
confinement daily to determine whether the minor or ward shall remain
in solitary confinement.
(i)
(f) 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
seven and no more than 15 citizens. Two or more
of the members shall be persons who are between 14
and 21 years of age, provided inclusive, if
there are available persons between 14 and 21 years of age who
are able to carry out the duties of a commission member in a manner
satisfactory to the appointing authority. Two or more members
shall be parents or guardians of previously or currently incarcerated
youth. One member shall be a licensed 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 as such until such time as his or her term
of appointment as a member of the probation committee would have
expired under any prior provision of 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. When If a vacancy occurs
for any reason other than the expiration of a term of office, the
appointee to fill such the vacancy
shall hold office for the unexpired term of his or her predecessor.
Appointments
(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 in any county
which that has a commission with a
membership of less than 15 members.
In
(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,
such that county's commission
membership shall, on or after January 1, 1974, be no greater than the
maximum 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 eight ten 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
between 14 and 21 years of age, provided
inclusive, if there are available persons between 14 and 21
years of age who are able to carry out the duties of a commission
member in a manner satisfactory to the appointing authority. Two
or more members shall be parents or guardians of previously or
currently incarcerated youth. One member shall be a licensed 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
they the members shall hold office for
a term of four years. Of those first appointed, however, if the
number appointed be is an even number,
half shall serve for a term of two years and half shall serve for a
term of four years and if . If the
number of members first appointed be is
an odd number, the greater number nearest 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 which that originally appointed
such the vacating or retiring member.
When 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 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 such those institutions
no less frequently than at least once a
year, and may hold public hearings. A judge of the
juvenile court shall have the power to may
issue subpoenas requiring attendance and testimony of witnesses
and production of papers at hearings of the commission.
A
(b) A juvenile justice commission
shall annually inspect any jail or ,
lockup , or facility within the county which
that, in the preceding calendar year ,
was used for confinement for more than 24 hours of any minor.
It As part of the annual inspection, the
commission shall review the records of the jail, lockup, or facility
as 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 such the
inspection , together with its recommendations based
thereon, in writing, to the juvenile court , the county board of
supervisors, and to the Board of Corrections
the Board of State and Community
Corrections. The commission shall present its report at an annual
hearing on the condition of juvenile justice corrections as part of a
regularly scheduled public meeting of the county board of
supervisors, and shall publish the report on the county government
Internet Web site .
SEC. 5. Section 230 of the Welfare and
Institutions Code is amended to read:
230. A juvenile justice commission may recommend to any person
charged with the administration of any of the provisions of this
chapter such those changes as it has
concluded, after investigation, will be beneficial. A commission
may shall publicize its recommendations
on the county government Internet Web site .
SEC. 2. SEC. 6. 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.
