BILL NUMBER: SB 1363 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Yee
FEBRUARY 24, 2012
An act to add Section 208.3 to the Welfare and Institutions Code,
relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
SB 1363, as introduced, Yee. Juveniles: solitary 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.
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 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.
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. By increasing the duties of 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.
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) "Solitary confinement" means the 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.
(2) "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.
(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.
(d) A minor or ward who has exhibited suicidal behavior or
committed acts of self-harm shall not be subject to solitary
confinement.
(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) Nothing in this section shall be construed to conflict with
any law providing greater or additional protections to minors or
wards.
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.