Amended in Senate May 28, 2013

Amended in Senate April 30, 2013

Amended in Senate April 3, 2013

Senate Bill No. 61

Introduced by Senator Yee

January 8, 2013

An act to begin insert amend Section 230 of, to end insert amend begin insert , repeal, and add end insert Sections 225, 226, begin delete 229, end delete and begin delete 230 end delete begin insert 229 end insert 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. begin delete 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 end delete begin insert The end insert 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 begin delete 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 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 a clinician to closely monitor the condition of a minor or ward who exhibits risk of self-harm or suicidal behavior that is not a result of a mental disorder, and would prohibit continued solitary confinement for that minor or ward end delete begin insert approval. The bill would require each local and state juvenile facility to document the usage of solitary confinement, as prescribed. These provisions would become operative on January 1, 2015 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 begin delete between end delete 14 begin delete and end delete begin insert to end insert 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 begin delete require end delete begin insert authorize end insert a juvenile justice commission, as part of its annual inspection begin delete of facilities end delete , to review the records of the jail begin delete , end delete begin insert or end insert lockup begin delete , or facility end delete as to the use of solitary confinement, and to begin insert additionally end insert report the results of the inspection, together with its recommendations based thereon, in writing, to the begin delete juvenile court, the end delete county board of supervisors begin delete , and the Board of State and Community Corrections end delete . The bill would begin delete require end delete begin insert authorize end insert 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. begin insert The bill would authorize the commission to annually inspect any facility within the county other than a jail or lockup that, in the preceding calendar year, was used for confinement for more than 24 hours of any minor, and to review the records of the facility as to the use of solitary confinement. The bill would authorize the commission to report the results of the inspection to the juvenile court, the county board of supervisors, and the Board of State and Community Corrections, 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. These provisions would become operative on January 1, 2015. end insert The bill also would begin delete require end delete begin insert authorize end insert 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:

begin delete

(1) “Clinician” means a licensed health or mental health care
professional.

end delete begin delete

(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 delete begin delete

(3)

end delete

begin insert ( end insert begin insert 1) 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

(4)

end delete

begin insert ( end insert begin insert 2) 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

(5)

end delete

begin insert ( end insert begin insert 3) 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:

begin delete

(1) 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 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.

(2)

end delete

begin insert ( end insert begin insert 1) end insert  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.

begin delete

(3) (A) 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 the health and
mental health status of the minor or ward. Each health and mental
health clinical evaluation shall be documented and shall include
an assessment of the risks to the minor or ward posed by continued
placement in solitary confinement.

(B) If a minor or ward exhibits risk of self-harm or suicidal
behavior that is not a result of a mental disorder, a clinician shall
monitor closely the condition of the minor or ward in order to
reduce or eliminate the risk of self-harm and the minor or ward
shall not be subject to continued solitary confinement. If the
clinician determines, using his or her judgment, that more intense
intervention is needed, the minor or ward shall be moved to a
mental health hospital, and an individualized suicide crisis
intervention plan for the minor or ward shall be approved by a
clinician within four hours after the move.

(4)

end delete

begin insert (2) end insert  The minor or ward shall not be placed in solitary
confinement for more than 24 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, begin delete 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 delete begin insert which
shall be required for each 24-hour period thereafter end insert .

(c) Solitary confinement shall not be used for the purposes of
discipline, punishment, coercion, convenience, or retaliation by
staff.

(d) Each local and state juvenile facility shall document the
usage of solitary confinement, including the dates and duration of
each begin delete occurrence and end delete begin insert occurrence, end insert the reason for placement in
solitary begin delete confinement. These end delete begin insert end insert begin insert confinement, and the race, age, and
gender of the minor or ward placed in solitary confinement. If end insert begin insert end insert begin insert any
health or mental health clinical evaluations were performed, these end insert
records shall affirmatively certify that begin delete health and mental health
clinical evaluations were conducted and end delete 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).

(e) Nothing in this section shall be construed to conflict with
any law providing greater or additional protections to minors or
wards.

begin insert

(f) This section shall become operative on January 1, 2015.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 225 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

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 begin delete 7 end delete begin insert seven end insert and no more than
15 citizens. Two or more begin delete of the end delete members shall be persons who are
begin delete between end delete 14 begin delete and end delete begin insert to end insert 21 years of age, begin delete provided end delete begin insert inclusive, if end insert there are
available persons begin delete between end delete 14 begin delete and end delete begin insert to end insert 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. 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 begin insert members end insert 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, such
county’s commission membership shall, on or after January 1,
1974, be no greater than the maximum begin insert number end insert permitted by this
section.

begin insert

(d) This section shall remain in effect only until January 1, 2015,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2015, deletes or extends that date.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 225 is added to the end insert begin insert Welfare and Institutions
Code end insert begin insert , to read: end insert

begin insert

begin insert 225. end insert   

(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 members shall be persons who are 14 to 21
years of age, inclusive, if there are available persons 14 to 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 members 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 number permitted by this
section.

(d) This section shall become operative on January 1, 2015.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 226 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

226.  

begin insert (a) end insert begin insert   end insert 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 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 begin delete between end delete 14 begin delete and end delete begin insert to end insert 21 years of age,
begin delete provided end delete begin insert inclusive, if end insert there are available persons begin delete between end delete 14 begin delete and end delete
begin insert to end insert 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. 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 begin insert of members end insert appointed begin delete be end delete begin insert is end insert an even number, begin delete half end delete
begin insert one-half end insert shall serve for a term of two years and begin delete half end delete begin insert one-half end insert 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 begin delete half end delete begin insert one-half end insert 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.

begin insert

(b) This section shall remain in effect only until January 1, 2015,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2015, deletes or extends that date.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 226 is added to the end insert begin insert Welfare and Institutions
Code end insert begin insert , to read: end insert

begin insert

begin insert 226. end insert   

(a) 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 14 to 21 years of age, inclusive, if there are
available persons 14 to 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 of members appointed is an even number,
one-half shall serve for a term of two years and one-half shall
serve for a term of four years. If the number of members first
appointed is an odd number, the greater number nearest one-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.

(b) This section shall become operative on January 1, 2015.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 229 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

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 institutions no
less frequently than end delete begin insert those institutions at least end insert once a year, and may
hold 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
jail or lockup 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. It shall report the results of begin delete such end delete begin delete inspection end delete
begin insert the inspection, end insert together with its recommendations based thereon,
in writing, to the juvenile court and to the Board of begin insert State and
Community end insert Corrections.

begin insert

(c) This section shall remain in effect only until January 1, 2015,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2015, deletes or extends that date.

end insert

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 229 is added to the end insert begin insert Welfare and Institutions
Code end insert begin insert , to read: end insert

begin insert

begin insert 229. end insert   

(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
or lockup 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 may review the
records of the jail or lockup as to the use of solitary confinement,
as defined in paragraph (2) 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 and the Board of State and Community Corrections, and
may report those results to the county board of supervisors. The
commission may 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
may publish the report on the county government Internet Web
site.

(c) A juvenile justice commission may annually inspect any
facility within the county other than a jail or lockup 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 may review the records of the facility as to the use of
solitary confinement, as defined in paragraph (2) of subdivision
(a) of Section 208.3. If the commission inspects a facility, the
commission may 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 may 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 may publish the report on the county
government Internet Web site.

(d) This section shall become operative on January 1, 2015.

end insert

begin delete

  

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 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.

end delete

begin delete SEC. 5. end delete
begin insert SEC. 8. end insert   

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 begin delete shall end delete begin insert may end insert publicize
its recommendations on the county government Internet Web site.

begin delete SEC. 6. end delete
begin insert SEC. 9. end insert   

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.