BILL NUMBER: SB 1089	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 6, 2012
	AMENDED IN ASSEMBLY  JULY 3, 2012
	AMENDED IN SENATE  APRIL 17, 2012
	AMENDED IN SENATE  MARCH 19, 2012

INTRODUCED BY   Senator Liu
   (Principal coauthor: Assembly Member Portantino)

                        FEBRUARY 15, 2012

   An act to add Section 1502.2 to the Health and Safety Code,
relating to care facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1089, as amended, Liu. Alternative treatment facilities for
youth.
   Existing law, the California Community Care Facilities Act (the
act), provides for the licensure and regulation of community care and
residential facilities by the State Department of Social Services.
Under existing law, a violation of any of these provisions is
punishable as a misdemeanor.
   This bill would define "private nontraditional alternative
treatment facility for youth," for purposes of the act. The bill
would prohibit a person, firm, partnership, association organization,
or corporation from operating, establishing, managing, conducting,
or maintaining these type of treatment facilities unless licensing
provisions are met and components of the program are accredited by an
approved organization, as specified. The bill would prohibit a
private nontraditional alternative treatment facility for youth from
using corporal punishment, as defined. By adding private
nontraditional alternative treatment facilities for youth to the act,
this bill would create a new crime and 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 no reimbursement is required by this
act for a specified reason.
   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.  The Legislature finds and declares all of the
following:
   (a) Youth "boot camps," "ranch camps," "forestry camps," or other
nontraditional treatment programs are intended to be less restrictive
treatment options for children with significant behavioral issues.
   (b) Since the 1990s, hundreds of these programs have been
established nationwide, with thousands of allegations of abuse,
including death.
   (c) These programs are administered by nonprofit organizations
described in Section 501(c)(3) of the Internal Revenue Code.
   (d) These programs advertise services for youth with behavioral
issues to families who may feel they have few other options.
   (e) These boot camps are shown to utilize high-risk tactics on
children, such as extreme physical exertion.
   (f) A particularly troubling instance of neglect and abuse of
power surfaced in 2011 at a youth boot camp in Pasadena, California,
including allegations of kidnapping, child abuse, child endangerment,
extortion, and unlawful use of a badge.
   (g) The few boot camp-style programs for youth that operate in
California do so without licensure.
   (h) Boot camps that fail to apply for a license put children at
risk.
   (i) It is the role of the Legislature to ensure proper licensing
and regulation of social service providers for the protection and
care of all citizens.
  SEC. 2.  Section 1502.2 is added to the Health and Safety Code, to
read:
   1502.2.  "Private nontraditional alternative treatment facility
for youth" means any residential or nonresidential facility or
program operated by an organization that provides aggressive
nontraditional punitive, retaliatory, aversive, or military style
behavioral treatment or intervention services for youth.
   (a) No person, firm, partnership, association organization, or
corporation shall operate, establish, manage, conduct, or maintain a
private nontraditional alternative treatment facility for youth,
unless the applicable licensing requirements are met and all
components of the program are accredited by an independent nonprofit
accrediting organization approved by the department, including the
Commission on Accreditation of Rehabilitation International or the
Joint Commission.
   (b) Corporal punishment shall not be used in any private
nontraditional alternative treatment facility for youth.
   (c) For the purposes of this section, "corporal punishment" means
willfully causing the infliction of physical pain or injury on a
child through physical contact, verbal or emotional harassment,
intimidation, humiliation, exploitation, or abuse.
   (d) A resolution, bylaw, rule, ordinance, or any other act or
authority permitting or authorizing the operation of a private
nontraditional alternative treatment facility for youth that does not
comply with this section is void and unenforceable.
   (e) Private nontraditional alternative treatment facilities for
youth do not include programs under the jurisdiction of the
Department of Corrections and Rehabilitation, the Division of
Juvenile Facilities, the State Department of Education,
county-operated facilities or programs  , community care
facilities as defined in Section 1502  , or a residential or
nonresidential behavior program for youth with developmental
disabilities that is under the jurisdiction of the State Department
of Developmental Services or vendorized by a regional center pursuant
to Division 4.5 (commencing with Section 4500) of the Welfare and
Institutions Code.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.