Senate Bill No. 61

Introduced by Senator Yee

January 8, 2013

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 61, as introduced, Yee. Juveniles: solitary confinement.

(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 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, and that does not compromise the mental and physical health of the minor or ward. The bill would require clinical staff to evaluate a minor or ward 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, licensed psychiatrist, or licensed psychologist 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.

(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 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) “Solitary confinement” means the involuntary holding of a
person in a room or cell from which the person is prevented from
leaving, in isolation from persons other than guards, facility staff,
and attorneys, during hours other than a facility’s sleeping hours.

(4) “Ward” means a person who has been declared a ward of
the court pursuant to subdivision (a) of Section 602.

(b) A minor or ward who is detained in, or sentenced to, any
juvenile facility 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 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, within one hour after
placement in solitary confinement and every four hours thereafter,
face-to-face by a clinician 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, or the chief probation
officer, or his or her designee.

(c) Solitary confinement shall not be used for the purposes of
discipline, 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 or 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 offsite 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).

(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.  

begin insert (a) end insert begin insert   end insert In each county there shall be a juvenile justice
commission consisting of not less than 7 and no more than 15
citizens. Two or more begin delete of the end delete members shall be persons who are
between 14 and 21 years of age, begin delete provided end delete begin insert inclusive, if end insert there are
available persons between 14 and 21 years of age begin insert , inclusive, end insert who
are able to carry out the duties of a commission member in a
manner satisfactory to the appointing authority. begin insert Two or more end insert
begin insert members shall be parents or guardians of previously or currently end insert
begin insert incarcerated youth. One member shall be a licensed social worker end insert begin insert , end insert
begin insert licensed psychiatrist, or licensed psychologist with expertise in end insert
begin insert adolescent development. end insert 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 begin delete such time as end delete his or her term of
appointment as a member of the probation committee would have
expired under any prior begin delete provision of end delete law. Upon a vacancy occurring
in the membership of the begin delete commission end delete begin insert commission, end insert 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.
begin delete When end delete begin insert If end insert a vacancy occurs for any reason other than the expiration
of a term of office, the appointee to fill begin delete such end delete begin insert the end insert vacancy shall hold
office for the unexpired term of his or her predecessor.

begin delete

Appointments

end delete

begin insert (b) end insert begin insert   end insert begin insert Appointments end insert 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 begin delete which end delete begin insert that end insert has
a commission with a membership of less than 15 members.

begin delete

In

end delete

begin insert (c) end insert begin insert   end insert begin insert In end insert 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, begin delete such end delete begin insert that end insert
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 begin delete eight end delete begin insert 10 end insert citizens, and having a sufficient number of
members so that their appointment may be equally apportioned
between the participating counties. Two or more begin delete of the end delete members
shall be persons who are between 14 and 21 years of age, begin delete provided end delete
begin insert inclusive, if end insert there are available persons between 14 and 21 years
of age begin insert , inclusive, end insert who are able to carry out the duties of a
commission member in a manner satisfactory to the appointing
authority. begin insert Two or more members shall be parents or guardians of end insert
begin insert previously or currently incarcerated youth. One member shall be end insert
begin insert a licensed social worker end insert begin insert , licensed psychiatrist, or licensed end insert
begin insert psychologist with expertise in adolescent development. end insert 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 begin delete they end delete begin insert the members end insert shall hold office for a term of
four years. Of those first appointed, however, if the number
appointed begin delete be end delete begin insert is end insert an even number, half shall serve for a term of two
years and half shall serve for a term of four begin delete years and if end delete begin insert years. If end insert
the number of members first appointed begin delete be end delete begin insert is end insert 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 begin delete commission end delete begin insert commission, end insert 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 begin delete which end delete begin insert that end insert originally appointed begin delete such end delete begin insert the end insert vacating or retiring
member. begin delete When end delete begin insert If end insert 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.  

begin insert (a) end insert begin insert   end insert 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 begin delete such end delete begin insert those end insert institutions
begin delete no less frequently than end delete begin insert at least end insert once a year, and may hold begin insert public end insert
hearings. A judge of the juvenile court begin delete shall have the power to end delete
begin insert may end insert issue subpoenas requiring attendance and testimony of
witnesses and production of papers at hearings of the commission.

begin delete

A

end delete

begin insert (b) end insert begin insert   end insert begin insert A end insert juvenile justice commission shall annually inspect any
begin delete jail end delete begin insert jail, lockup, end insert or begin delete lockup end delete begin insert facility end insert within the county begin delete which end delete begin insert that, end insert
in the preceding calendar begin delete year end delete begin insert year, end insert was used for confinement for
more than 24 hours of any minor. begin delete It end delete begin insert As part of the annual end insert
begin insert inspection, the commission end insert shall begin insert review the records of the jail, end insert
begin insert lockup, or facility as to the use of solitary confinement, as defined end insert
begin insert in paragraph (3) of subdivision (a) of Section 208.3. The end insert
begin insert commission shall end insert report the results of begin delete such inspection end delete begin insert the end insert
begin insert inspection, end insert together with its recommendations based thereon, in
writing, to the juvenile begin delete court end delete begin insert court, the county board of supervisors, end insert
and begin delete to end delete the Board of begin insert State and Community end insert Corrections. begin insert The end insert
begin insert commission shall present its report at an annual hearing on the end insert
begin insert condition of juvenile justice corrections as part of a regularly end insert
begin insert scheduled public meeting of the county board of supervisors, and end insert
begin insert shall publish the report on the county government Internet Web end insert
begin insert site. end insert

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 begin delete such end delete begin insert those end insert changes as it has concluded, after
investigation, will be beneficial. A commission begin delete may end delete begin insert shall end insert publicize
its begin delete recommendations. end delete begin insert recommendations on the county government end insert
begin insert Internet Web site. end insert

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.

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CORRECTIONS:

Text--Pages 3 and 4.

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