BILL NUMBER: SB 61 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 3, 2013
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.
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.
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 face-to-face within one hour after
placement, and every 4 hours thereafter, to determine the health
and mental health status of the minor or ward, as specified.
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. The bill would
require treatment staff to implement an individualized
suicide crisis intervention plan, as specified, before subjecting a
minor or ward prohibit a minor or ward who does not
reveal signs of mental disorder but who has exhibited suicidal
behavior or committed acts of self-harm to
from solitary confinement , except as specified . 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) "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.
(2)
(3) "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)
(4) "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)
(5) "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 the health
and mental health status of the minor or ward . Each
health and mental health clinical evaluation shall be
documented and shall include the reason for an
assessment of the risks to the minor or ward posed by
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 designee, who
shall not approve continued solitary confinement un less
he or she has first obtained the results of, and considered, the
health and mental health clinical evaluations .
(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.
(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 after a clinical evaluation does
not reveal signs of mental disorder and who has exhibited
suicidal behavior or committed acts of self-harm shall not be subject
to solitary confinement, except pursuant to Section 5150 or
Section 5585.50 or as provided in paragraphs (1) and (2) of
subdivision (b), (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 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.
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
seven 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.