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 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, frombegin delete continuedend delete solitary confinement, and require the minor or ward to be transported to and evaluated at a Lanterman-Petris-Short Act designated facility. The bill wouldbegin delete prohibitend deletebegin insert require a clinician to closely monitor the condition ofend insert a minor or ward whobegin delete does not reveal signs of mental disorder but who has exhibited suicidal behavior or committed acts ofend deletebegin insert
exhibits risk ofend insert
self-harmbegin delete fromend deletebegin insert or suicidal behavior that is not a result of a mental disorder, and would prohibit continuedend insert solitarybegin delete confinement, except as specifiedend deletebegin insert confinement for that minor or wardend 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 208.3 is added to the Welfare and
2Institutions Code, to read:
(a) For purposes of this section, the following
4definitions shall apply:
5(1) “Clinician” means a licensed health or mental health care
6professional.
7(2) “Health and mental health clinical evaluations” means
8evaluations conducted by a licensed health care professional and
9a licensed mental health care professional, respectively, to check
10the health and mental health status of the minor or ward.
11(3) “Minor” means a person who is any of the following:
P4 1(A) A person under 18 years of age.
2(B) A person under the maximum age of juvenile court
3jurisdiction who is confined in a juvenile facility.
4(C) A person under the jurisdiction of the Department of
5Corrections and Rehabilitation, Division of Juvenile Facilities.
6(4) “Solitary confinement” means the involuntary holding of a
7person in a room or cell from which the person is prevented from
8leaving, in isolation from persons other than guards, facility staff,
9and attorneys, during hours other than a facility’s sleeping hours.
10(5) “Ward” means a person who has been declared a ward of
11the court pursuant to subdivision (a) of Section 602.
12(b) A minor or
ward who is detained in, or sentenced to, any
13juvenile facility or other secure state or local facility shall not be
14subject to solitary confinement, unless the minor or ward poses an
15immediate and substantial risk of harm to others or to the security
16of the facility, and all other less-restrictive options have been
17exhausted. A minor or ward may be held in solitary confinement
18only in accordance with all of the following guidelines:
19(1) If a minor or ward, as a result of mental disorder, is a danger
20to others, or to himself or herself, or gravely disabled, he or she
21shall not be subject to solitary confinement, and shall be
22transported to, and evaluated at, a Lanterman-Petris-Short Act
23designated facility pursuant to Section 5150 or Section 5585.50.
24(1)
end delete
25begin insert(end insertbegin insert2)end insert The minor or ward shall be held in solitary confinement only
26for the minimum time required to address the safety risk, and that
27does not compromise the mental and physical health of the minor
28or ward.
29(2)
end delete
30begin insert(3)end insert begin insert(A)end insertbegin insert end insert The minor or ward shall be evaluated, within one hour
31after placement in solitary confinement and every four hours
32thereafter, face-to-face by a clinician to determine
the health and
33mental health status of the minor or ward. Each health and mental
34health clinical evaluation shall be documented and shall include
35an assessment of the risks to the minor or ward posed by continued
36placement in solitary confinement.
37(B) If a minor or ward exhibits risk of self-harm or suicidal
38behavior that is not a result of a mental disorder, a clinician shall
39monitor closely the condition of the minor or ward in order to
40reduce or eliminate the risk of self-harm and the minor or ward
P5 1shall not be subject to continued solitary confinement. If the
2clinician determines, using his or her judgment, that more intense
3intervention is needed, the minor or ward shall be moved to a
4mental health hospital, and an individualized suicide crisis
5intervention plan for the minor or ward shall be approved by a
6
clinician within four hours after the move.
7(3)
end delete
8begin insert(end insertbegin insert4)end insert The minor or ward shall not be placed in solitary
9confinement for more than 24 hours in a one-week period without
10the written approval of the Chief of the Division of Juvenile
11Facilities, or his or her designee, or the chief probation officer, or
12his or her designee, who shall not approve continued solitary
13confinement unless he or she has first obtained the results of, and
14considered, the health and mental health clinical evaluations.
15(4) If a minor or ward, as a result of mental disorder, is a danger
16to others, or to himself or herself, or gravely disabled, he or she
17shall not be subject to continued solitary confinement, and shall
18be transported to and evaluated at a Lanterman-Petris-Short Act
19designated facility pursuant to Section 5150 or Section 5585.50.
20(c) Solitary confinement shall not be used for the purposes of
21discipline, punishment, coercion, convenience, or retaliation by
22staff.
23(d) (1) A minor or ward who after a clinical evaluation does
24not reveal signs of mental disorder and who has exhibited suicidal
25behavior or committed acts of self-harm shall not be subject to
26solitary confinement, except pursuant to Section 5150 or Section
275585.50 or as provided in paragraphs (1) and (2) of subdivision
28(b)
and if both of the following conditions are met:
29(A) The condition of the minor or ward is monitored closely by
30a clinician in order to reduce or eliminate the risk of self-harm.
31(B) Treatment staff implement an individualized suicide crisis
32intervention plan approved by a clinician within four hours of
33placing the minor or ward in solitary confinement.
34(2) The minor or ward shall be moved to an offsite hospital or
35mental health hospital if the suicide risk is not resolved within 24
36hours.
37(e)
end delete
38begin insert(end insertbegin insertd)end insert Each local and state juvenile facility shall document the
39usage of solitary confinement, including the dates and duration of
40each occurrence and the reason for placement in solitary
P6 1confinement. These records shall affirmatively certify that health
2and mental health clinical evaluations were conducted and the
3results of those evaluations were considered in any decision to
4place a minor or ward in solitary confinement or to continue
5solitary confinement. These records shall be available for public
6inspection pursuant to the California Public Records Act (Chapter
73.5 (commencing with Section 6250) of Division 7 of Title 1 of
8the Government Code).
9(f)
end delete
10begin insert(end insertbegin inserte)end insert Nothing in this section shall be construed to conflict with
11any law providing greater or additional protections to minors or
12wards.
Section 225 of the Welfare and Institutions Code is
14amended to read:
(a) In each county there shall be a juvenile justice
16commission consisting of not less than seven and no more than 15
17citizens. Two or more members shall be persons who are between
1814 and 21 years of age, inclusive, if there are available persons
19between 14 and 21 years of age, inclusive, who are able to carry
20out the duties of a commission member in a manner satisfactory
21to the appointing authority. Two or more members shall be parents
22or guardians of previously or currently incarcerated youth. One
23member shall be a licensed social worker, licensed
psychiatrist,
24or licensed psychologist with expertise in adolescent development.
25Each person serving as a member of a probation committee
26immediately prior to September 15, 1961, shall be a member of
27the juvenile justice commission and shall continue to serve as such
28until his or her term of appointment as a member of the probation
29committee would have expired under any prior law. Upon a
30vacancy occurring in the membership of the commission, and upon
31the expiration of the term of office of any member, a successor
32shall be appointed by the presiding judge of the superior court with
33the concurrence of the judge of the juvenile court or, in a county
34having more than one judge of the juvenile court, with the
35concurrence of the presiding judge of the juvenile court for a term
36of four years. If a vacancy occurs for any reason other than the
37expiration of a term of office, the appointee to fill
the vacancy
38shall hold office for the unexpired term of his or her predecessor.
39 (b) Appointments may be made by the presiding judge of the
40superior court, in the same manner designated in this section for
P7 1the filling of vacancies, to increase the membership of a
2commission to the maximum of 15 in any county that has a
3commission with a membership of less than 15 members.
4(c) In any county in which the membership of the commission,
5on the effective date of amendments to this section enacted at the
61971 Regular Session of the Legislature, exceeds the maximum
7number permitted by this section, no additional appointments shall
8be made until the number of commissioners is less than the
9maximum number permitted by this section. In any case, that
10county’s commission membership shall,
on or after January 1,
111974, be no greater than the maximum permitted by this section.
Section 226 of the Welfare and Institutions Code is
13amended to read:
In lieu of county juvenile justice commissions, the boards
15of supervisors of two or more adjacent counties may agree to
16establish a regional juvenile justice commission consisting of not
17less than 10 citizens, and having a sufficient number of members
18so that their appointment may be equally apportioned between the
19participating counties. Two or more members shall be persons
20who are between 14 and 21 years of age, inclusive, if there are
21available persons between 14 and 21 years of age, inclusive, who
22are able to carry out the duties of a commission member in a
23manner satisfactory to the appointing authority. Two or more
24members shall be parents or guardians of previously or currently
25incarcerated youth. One member shall be a
licensed social worker,
26licensed psychiatrist, or licensed psychologist with expertise in
27adolescent development. The presiding judge of the superior court
28with the concurrence of the judge of the juvenile court or, in a
29county having more than one judge of the juvenile court, with the
30concurrence of the presiding judge of the juvenile court of each
31of the participating counties shall appoint an equal number of
32members to the regional justice commission and the members shall
33hold office for a term of four years. Of those first appointed,
34however, if the number appointed is an even number, half shall
35serve for a term of two years and half shall serve for a term of four
36years. If the number of members first appointed is an odd number,
37the greater number nearest half shall serve for a term of two years
38and the remainder shall serve for a term of four years. The
39respective terms of the members first
appointed shall be determined
40by lot as soon as possible after their appointment. Upon a vacancy
P8 1occurring in the membership of the commission, and upon the
2expiration of the term of office of any member, a successor shall
3be appointed by the presiding judge of the superior court with the
4concurrence of the judge of the juvenile court or, in a county having
5more than one judge of the juvenile court, with the concurrence
6of the presiding judge of the juvenile court of the county that
7originally appointed the vacating or retiring member. If a vacancy
8occurs for any reason other than the expiration of a term of office,
9the appointee shall hold office for the unexpired term of his or her
10predecessor.
Section 229 of the Welfare and Institutions Code is
12amended to read:
(a) It shall be the duty of a juvenile justice commission
14to inquire into the administration of the juvenile court law in the
15county or region in which the commission serves. For this purpose
16the commission shall have access to all publicly administered
17institutions authorized or whose use is authorized by this chapter
18situated in the county or region, shall inspect those institutions at
19least once a year, and may hold public hearings. A judge of the
20juvenile court may issue subpoenas requiring attendance and
21testimony of witnesses and production of papers at hearings of the
22commission.
23(b) A juvenile justice commission shall annually inspect any
24
jail, lockup, or facility within the county that, in the preceding
25calendar year, was used for confinement for more than 24 hours
26of any minor. As part of the annual inspection, the commission
27shall review the records of the jail, lockup, or facility as to the use
28of solitary confinement, as defined in paragraph (3) of subdivision
29(a) of Section 208.3. The commission shall report the results of
30the inspection, together with its recommendations based thereon,
31in writing, to the juvenile court, the county board of supervisors,
32and the Board of State and Community Corrections. The
33commission shall present its report at an annual hearing on the
34condition of juvenile justice corrections as part of a regularly
35scheduled public meeting of the county board of supervisors, and
36shall publish the report on the county government Internet Web
37site.
Section 230 of the Welfare and Institutions Code is
39amended to read:
A juvenile justice commission may recommend to any
2person charged with the administration of any of the provisions
3of this chapter those changes as it has concluded, after
4investigation, will be beneficial. A commission shall publicize its
5recommendations on the county government Internet Web site.
If the Commission on State Mandates determines that
7this act contains costs mandated by the state, reimbursement to
8local agencies and school districts for those costs shall be made
9pursuant to Part 7 (commencing with Section 17500) of Division
104 of Title 2 of the Government Code.
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