BILL NUMBER: SB 518 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 11, 2007
PASSED THE ASSEMBLY SEPTEMBER 10, 2007
AMENDED IN ASSEMBLY SEPTEMBER 7, 2007
AMENDED IN ASSEMBLY AUGUST 31, 2007
AMENDED IN ASSEMBLY JUNE 21, 2007
AMENDED IN SENATE MAY 24, 2007
AMENDED IN SENATE MAY 2, 2007
AMENDED IN SENATE MARCH 29, 2007
INTRODUCED BY Senator Migden
FEBRUARY 22, 2007
An act to add Article 1.5 (commencing with Section 224.70) to
Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions
Code, relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
SB 518, Migden. Juveniles: Youth Bill of Rights.
Existing law authorizes a peace officer to take a minor that the
officer has reasonable cause to believe is within the jurisdiction of
the juvenile court, either as a dependent child or as a ward of the
court, into temporary custody without a warrant, as specified.
Existing law provides procedures for processing the minor thereafter.
Existing law requires the release within 48 hours of a minor who is
taken into temporary custody by a peace officer or probation officer,
as specified, unless a petition to declare him or her a dependent
child or ward of the court has been filed. Existing law requires the
juvenile court, upon the appearance of a minor at a detention
hearing, to inform the minor, and his or her parents or guardians, of
the reasons why the minor was taken into custody, the nature of the
juvenile court proceedings, and their right to representation by
counsel.
This bill would enact the "Youth Bill of Rights" in connection
with youth confined in a facility of the Division of Juvenile
Facilities. The bill would enumerate various specific rights. The
bill would require every Division of Juvenile Facilities facility to
provide each youth who is placed in the facility with an age and
developmentally appropriate orientation that includes an explanation
and a copy of the rights, and would require a facility of the
Division of Juvenile Facilities to post a listing of the rights. The
bill would require all facilities of the Division of Juvenile
Facilities to provide care, placement, and services to youth in their
custody without discriminating on the basis of actual or perceived
race, ethnic group identification, ancestry, national origin, color,
religion, sex, sexual orientation, gender identity, mental or
physical disability, or HIV status. The bill would require the Office
of the Ombudspersons of the Division of Juvenile Facilities to take
various actions in connection with the rights, including
disseminating information, investigating complaints, providing
information regarding complaints it does not investigate, compiling
data and making it available to the Legislature, and providing a
toll-free telephone number. The bill would further require the
Ombudspersons of the Division of Juvenile Facilities, in consultation
with specified groups, to develop standardized, age-appropriate
information in connection with these rights by July 1, 2008.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Youth confined in a facility of the Department of Corrections
and Rehabilitation, Division of Juvenile Facilities, are harmed by
discrimination based on actual or perceived race, ethnic group
identification, ancestry, national origin, color, religion, sex,
sexual orientation, gender identity, mental or physical disability,
and HIV status.
(b) Youth are committed to the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities in order to provide
them an opportunity for rehabilitation. These rehabilitation
opportunities shall include the provision of educational,
therapeutic, and other necessary services to ensure that these youth
can become successful and productive members of their communities.
(c) All youth confined in the Division of Juvenile Facilities have
the constitutional right to a safe and secure environment.
(d) The Division of Juvenile Facilities is committed to treating
all people with dignity, respect, and consideration and demonstrating
behavior which is fair, honest, and ethical.
(e) There is a need to inform youth confined in the Division of
Juvenile Facilities about their rights.
SEC. 2. Article 1.5 (commencing with Section 224.70) is added to
Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions
Code, to read:
Article 1.5. Youth Bill of Rights
224.70. For the purposes of this article:
(a) "Committed" means placed in a facility of the Division of
Juvenile Facilities pursuant to a court order, independent of, or in
connection with, other sentencing alternatives.
(b) "Detained" means held in secure confinement in a juvenile
facility of the Division of Juvenile Facilities.
(c) "Extended family member" means any adult related to the youth
by blood, adoption, or marriage, and any adult who has an established
familial or mentoring relationship with the youth, including, but
not limited to, godparents, clergy, teachers, neighbors, and family
friends.
(d) "Facility of the Division of Juvenile Facilities" means a
place of confinement that is operated by, or contracted for, the
Department of Corrections and Rehabilitation, for the purpose of the
detention or commitment of youth who are taken into custody and
alleged to be within the description of Section 601 or 602 or who are
adjudged to be a ward of the court.
(e) "Youth" means any person detained in a facility of the
Division of Juvenile Facilities.
224.71. It is the policy of the state that all youth confined in
a facility of the Division of Juvenile Facilities shall have the
following rights:
(a) To live in a safe, healthy, and clean environment conducive to
treatment and rehabilitation and where they are treated with dignity
and respect.
(b) To be free from physical, sexual, emotional, or other abuse,
or corporal punishment.
(c) To receive adequate and healthy food and water, sufficient
personal hygiene items, and clothing that is adequate and clean.
(d) To receive adequate and appropriate medical, dental, vision,
and mental health services.
(e) To refuse the administration of psychotropic and other
medications consistent with applicable law or unless immediately
necessary for the preservation of life or the prevention of serious
bodily harm.
(f) To not be searched for the purpose of harassment or
humiliation or as a form of discipline or punishment.
(g) To maintain frequent and continuing contact with parents,
guardians, siblings, children, and extended family members, through
visits, telephone calls, and mail.
(h) To make and receive confidential telephone calls, send and
receive confidential mail, and have confidential visits with
attorneys and their authorized representatives, ombudspersons and
other advocates, holders of public office, state and federal court
personnel, and legal service organizations.
(i) To have fair and equal access to all available services,
placement, care, treatment, and benefits, and to not be subjected to
discrimination or harassment on the basis of actual or perceived
race, ethnic group identification, ancestry, national origin, color,
religion, sex, sexual orientation, gender identity, mental or
physical disability, or HIV status.
(j) To have regular opportunity for age-appropriate physical
exercise and recreation, including time spent outdoors.
(k) To contact attorneys, ombudspersons and other advocates, and
representatives of state or local agencies, regarding conditions of
confinement or violations of rights, and to be free from retaliation
for making these contacts or complaints.
(l) To participate in religious services and activities of their
choice.
(m) To not be deprived of any of the following as a disciplinary
measure: food, contact with parents, guardians, or attorneys, sleep,
exercise, education, bedding, access to religious services, a daily
shower, a drinking fountain, a toilet, medical services, reading
material, or the right to send and receive mail.
(n) To receive a quality education that complies with state law,
to attend age-appropriate school classes and vocational training, and
to continue to receive educational services while on disciplinary or
medical status.
(o) To attend all court hearings pertaining to them.
(p) To have counsel and a prompt probable cause hearing when
detained on probation or parole violations.
(q) To make at least two free telephone calls within an hour after
initially being placed in a facility of the Division of Juvenile
Facilities following an arrest.
224.72. (a) Every facility of the Division of Juvenile Facilities
shall provide each youth who is placed in the facility with an age
and developmentally appropriate orientation that includes an
explanation and a copy of the rights of the youth, as specified in
Section 224.71, and that addresses the youth's questions and
concerns.
(b) Each facility of the Division of Juvenile Facilities shall
post a listing of the rights provided by Section 224.71 in a
conspicuous location. The Office of the Ombudspersons of the Division
of Juvenile Facilities shall design posters and provide the posters
to each Division of Juvenile Facilities facility subject to this
subdivision. These posters shall include the toll-free telephone
number of the Office of the Ombudspersons of the Division of Juvenile
Facilities.
224.73. All facilities of the Division of Juvenile Facilities
shall ensure the safety and dignity of all youth in their care and
shall provide care, placement, and services to youth without
discriminating on the basis of actual or perceived race, ethnic group
identification, ancestry, national origin, color, religion, sex,
sexual orientation, gender identity, mental or physical disability,
or HIV status.
224.74. (a) The Office of the Ombudspersons of the Division of
Juvenile Facilities shall do all of the following:
(1) Disseminate information on the rights of children and youth in
the custody of the Division of Juvenile Facilities, as provided in
Section 224.71, and the services provided by the office.
(2) Investigate and attempt to resolve complaints made by or on
behalf of youth in the custody of the Division of Juvenile
Facilities, related to their care, placement, or services, or in the
alternative, refer appropriate complaints to another agency for
investigation.
(3) Notify the complainant in writing of the intention to
investigate or the decision to refer the complaint to another agency
within 15 days of receiving the complaint. If the office declines to
investigate a complaint, the office shall notify the complainant of
the reason for this decision.
(4) Update the complainant on the progress of the investigation
and notify the complainant in writing of the final outcome, steps
taken during the investigation, basis for the decision, and any
action to be taken as a result of the complaint.
(5) Document the number, source, origin, location, and nature of
complaints.
(6) Provide a toll-free telephone number for the Office of the
Ombudspersons of the Division of Juvenile Facilities.
(7) Compile and make available to the Legislature and the public
all data collected over the course of the year, including, but not
limited to, the number of contacts to the toll-free telephone number,
the number of complaints made, the number of investigations
performed by the office, the number of referrals made, the issues
complained about, the number of sustained complaints, the actions
taken as a result of sustained complaints, and the number of
unresolved complaints, including the reasons the complaints could not
be resolved.
(b) (1) The Office of the Ombudspersons of the Division of
Juvenile Facilities, in consultation with youth advocate and support
groups, and groups representing children, families, children's
facilities, and other interested parties, shall develop, no later
than July 1, 2008, standardized information explaining the rights
specified in Section 224.71. The information developed shall be
age-appropriate.
(2) The Office of the Ombudspersons of the Division of Juvenile
Facilities and other interested parties may use the information
developed in paragraph (1) in carrying out their responsibilities to
inform youth of their rights provided under Section 224.71.