BILL NUMBER: SB 61 INTRODUCED
BILL TEXT
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. (a) 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 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 , inclusive, 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 ,
licensed psychiatrist, or licensed psychologist 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
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 10 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
, inclusive, 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 , l icensed
psychiatrist, or licensed psychologist 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 years. 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 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 jail,
lockup, or lockup facility within
the county which that, in the
preceding calendar year 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 inspection the
inspection, together with its recommendations based thereon, in
writing, to the juvenile court court, the
county board of supervisors, and to 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. recommendations on the county
government Internet Web site.
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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