Amended in Senate April 3, 2013

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 amended, 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.

begin insert

Existing law, the Lanterman-Petris-Short Act, authorizes the involuntary detention for a period of 72 hours for evaluation of persons, including minors, who are dangerous to self or others, or gravely disabled, as defined.

end insert

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 begin delete face to face end delete begin insert face-to-face end insert within one hour after placement, and every 4 hours thereafter, begin insert to determine the health and mental health status of the minor or ward, end insert as specified. begin insert This bill would prohibit a minor or ward from being placed in solitary confinement for more than 24 hours in a one-week period without obtaining specified written approval, which requires the consideration of the health and mental health clinical evaluations, as prescribed. This bill would prohibit a minor or ward who, as a result of mental disorder, is a danger to others, or to himself or herself, or gravely disabled, from continued solitary confinement, and require the minor or ward to be transported to and evaluated at a Lanterman-Petris-Short Act designated facility. end insert The bill would begin delete require treatment staff to implement an individualized suicide crisis intervention plan, as specified, before subjecting a minor or ward end delete begin insert prohibit a minor or ward who does not reveal signs of mental disorder but end insert who has exhibited suicidal behavior or committed acts of self-harm begin delete to end delete begin insert from end insert solitary confinement begin insert , except as specified end insert . 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.

begin insert

(2) “Health and mental health clinical evaluations” means
evaluations conducted by a licensed health care professional and
a licensed mental health care professional, respectively, to check
the health and mental health status of the minor or ward.

end insert begin delete

(2)

end delete

begin insert (3) end insert  “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.

begin delete

(3)

end delete

begin insert (4) end insert  “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.

begin delete

(4)

end delete

begin insert (5) end insert  “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 begin delete if the minor or ward shall
remain in solitary confinement end delete begin insert the health and mental health status
of the minor or ward end insert . Each begin insert health and mental health clinical end insert
evaluation shall be documented and shall include begin delete the reason for end delete
begin insert an assessment of the risks to the minor or ward posed by end insert continued
placement in solitary confinement.

(3) The minor or ward shall not be placed in solitary
confinement for more than 24 begin delete consecutive end delete 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 begin delete designee end delete begin insert designee, who shall not approve
continued solitary confinement unless he or she has first obtained
the results of, and considered, the health and mental health clinical
evaluations end insert .

begin insert

(4) If a minor or ward, as a result of mental disorder, is a danger
to others, or to himself or herself, or gravely disabled, he or she
shall not be subject to continued solitary confinement, and shall
be transported to and evaluated at a Lanterman-Petris-Short Act
designated facility pursuant to Section 5150 or Section 5585.50.

end insert

(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 begin insert after a clinical evaluation does
not reveal signs of mental disorder and who end insert has exhibited suicidal
behavior or committed acts of self-harm shall not be subject to
solitary confinement, except begin insert pursuant to Section 5150 or Section
5585.50 or end insert as provided in paragraphs (1) and (2) of subdivision
begin delete (b), end delete begin insert (b) end insert 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. begin insert These records shall affirmatively certify that health
and mental health clinical evaluations were conducted and the
results of those evaluations were considered in any decision to
place a minor or ward in solitary confinement or to continue
solitary confinement. end insert 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 begin delete 7 end delete begin insert seven end insert and no more than
15 citizens. Two or more members shall be persons who are
between 14 and 21 years of age, 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 his or her term of appointment as a member of
the probation committee would have expired under any prior law.
Upon a vacancy occurring in the membership of the 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. If a vacancy occurs for any reason other than
the expiration of a term of office, the appointee to fill the vacancy
shall hold office for the unexpired term of his or her predecessor.

(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 that has a
commission with a membership of less than 15 members.

(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, 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 10 citizens, and having a sufficient number of members
so that their appointment may be equally apportioned between the
participating counties. Two or more members shall be persons
who are between 14 and 21 years of age, 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. 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 the members shall
hold office for a term of four years. Of those first appointed,
however, if the number appointed is an even number, half shall
serve for a term of two years and half shall serve for a term of four
years. If the number of members first appointed 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, 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 that
originally appointed the vacating or retiring member. 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 those institutions at
least once a year, and may hold public hearings. A judge of the
juvenile court may issue subpoenas requiring attendance and
testimony of witnesses and production of papers at hearings of the
commission.

(b) A juvenile justice commission shall annually inspect any
jail, lockup, or facility within the county that, in the preceding
calendar year, was used for confinement for more than 24 hours
of any minor. 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
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
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 those changes as it has concluded, after
investigation, will be beneficial. A commission shall publicize its
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.