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 notbegin delete come,end deletebegin insert comeend insert orbegin delete remain,end deletebegin insert remainend insert 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 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. 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. 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 14 to 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 developmentbegin insert,
if there are available persons who meet those requirements, as specifiedend insert. The bill also would increase from 8 to 10 the minimum number of members of a regional juvenile justice commission. The bill would authorize a juvenile justice commission, as part of its annual inspection, to review the records of the jail or lockup as to the use of solitary confinement, and to additionally report the results of the inspection, together with its recommendations based thereon, in writing, to the county board of supervisors. The bill would authorize 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 countybegin delete governmentend deletebegin insert government’send insert Internet
Web site. 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 countybegin delete governmentend deletebegin insert
government’send insert Internet Web site. These provisions would become operative on January 1, 2015. The bill also would authorize a commission to publicize its recommendations made to any person charged with administration of the Juvenile Court Law on the countybegin delete governmentend deletebegin insert government’send insert 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) “Minor” means a person who is any of the following:
6(A) A person under 18 years of age.
P4 1(B) A person under the maximum age of juvenile court
2jurisdiction who is confined in a juvenile facility.
3(C) A person under the jurisdiction of the Department of
4Corrections and Rehabilitation, Division of Juvenile Facilities.
5(2) “Solitary confinement” means the involuntary holding of a
6person in a room or cell from which the
person is prevented from
7leaving, in isolation from persons other than guards, facility staff,
8and attorneys, during hours other than a facility’s sleeping hours.
9(3) “Ward” means a person who has been declared a ward of
10the court pursuant to subdivision (a) of Section 602.
11(b) A minor or ward who is detained in, or sentenced to, any
12juvenile facility or other secure state or local facility shall not be
13subject to solitary confinement, unless the minor or ward poses an
14immediate and substantial risk of harm to others or to the security
15of the facility, and all other less-restrictive options have been
16exhausted. A minor or ward may be held in solitary confinement
17only in accordance with all of the following guidelines:
18(1) The minor or ward shall be held in solitary confinement only
19for the minimum time required to
address the safety risk, and that
20does not compromise the mental and physical health of the minor
21or ward.
22(2) The minor or ward shall not be placed in solitary
23confinement for more than 24 hours in a one-week period without
24the written approval of the Chief of the Division of Juvenile
25Facilities, or his or her designee, or the chief probation officer, or
26his or her designee, which shall be required for each 24-hour period
27thereafter.
28(c) Solitary confinement shall not be used for the purposes of
29discipline, punishment, coercion, convenience, or retaliation by
30staff.
31(d) Each local and state juvenile facility shall document the
32usage of solitary confinement, including the dates and duration of
33each occurrence, the reason for placement in solitary confinement,
34and the race, age, and gender of the minor or ward placed
in solitary
35confinement. If any health or mental health clinical evaluations
36were performed, these records shall affirmatively certify that the
37results of those evaluations were considered in any decision to
38place a minor or ward in solitary confinement or to continue
39solitary confinement. These records shall be available for public
40inspection pursuant to the California Public Records Act (Chapter
P5 13.5 (commencing with Section 6250) of Division 7 of Title 1 of
2the Government Code).
3(e) Nothing in this section shall be construed to conflict with
4any law providing greater or additional protections to minors or
5wards.
6(f) This section shall become operative on January 1, 2015.
Section 225 of the Welfare and Institutions Code is
8amended to read:
(a) In each county there shall be a juvenile justice
10commission consisting of not less than 7 and no more than 15
11citizens. Two or more members shall be persons who are 14 to 21
12years of age, inclusive, if there are available persons 14 to 21 years
13of age, inclusive, who are able to carry out the duties of a
14commission member in a manner satisfactory to the appointing
15authority. Each person serving as a member of a probation
16committee immediately prior to September 15, 1961, shall be a
17member of the juvenile justice commission and shall continue to
18serve as such until his or her term of appointment as a member of
19the probation committee would have expired under any prior law.
20Upon a vacancy occurring in the membership of the commission,
21and upon the expiration of the term of office of any
member, a
22successor shall be appointed by the presiding judge of the superior
23court with the concurrence of the judge of the juvenile court or,
24in a county having more than one judge of the juvenile court, with
25the concurrence of the presiding judge of the juvenile court for a
26term of four years. If a vacancy occurs for any reason other than
27the expiration of a term of office, the appointee to fill the vacancy
28shall hold office for the unexpired term of his or her predecessor.
29 (b) Appointments may be made by the presiding judge of the
30superior court, in the same manner designated in this section for
31the filling of vacancies, to increase the membership of a
32commission to the maximum of 15 members in any county that
33has a commission with a membership of less than 15 members.
34(c) In any county in which the membership of the commission,
35on the effective date of amendments to this
section enacted at the
361971 Regular Session of the Legislature, exceeds the maximum
37number permitted by this section, no additional appointments shall
38be made until the number of commissioners is less than the
39maximum number permitted by this section. In any case, such
40county’s commission membership shall, on or after January 1,
P6 11974, be no greater than the maximum number permitted by this
2section.
3(d) This section shall remain in effect only until January 1, 2015,
4and as of that date is repealed, unless a later enacted statute, that
5is enacted before January 1, 2015, deletes or extends that date.
Section 225 is added to the Welfare and Institutions
7Code, to read:
(a) In each county there shall be a juvenile justice
9commission consisting of not less than 7 and no more than 15
10citizens. Two or more members shall be persons who are 14 to 21
11years of age, inclusive, if there are available persons 14 to 21 years
12of age, inclusive, who are able to carry out the duties of a
13commission member in a manner satisfactory to the appointing
14authority. Two or more members shall be parents or guardians of
15previously or currently incarceratedbegin delete youthend deletebegin insert youth, if there are
16available persons who meet this requirement who are able to carry
17out the duties of a commission member in a manner satisfactory
18to the appointing authorityend insert.
One member shall be a licensed social
19worker, licensed psychiatrist, or licensed psychologist with
20expertise in adolescentbegin delete developmentend deletebegin insert development, if there is an
21available person who meets this requirement who is able to carry
22out the duties of a commission member in a manner satisfactory
23to the appointing authorityend insert. Each person serving as a member of
24a probation committee immediately prior to September 15, 1961,
25shall be a member of the juvenile justice commission and shall
26continue to serve as such until his or her term of appointment as
27a member of the probation committee would have expired under
28any prior law. Upon a vacancy occurring in the membership of the
29commission, and upon the expiration of the term of office of any
30member, a successor shall be appointed by the presiding judge of
31the superior court with the
concurrence of the judge of the juvenile
32court or, in a county having more than one judge of the juvenile
33court, with the concurrence of the presiding judge of the juvenile
34court for a term of four years. If a vacancy occurs for any reason
35other than the expiration of a term of office, the appointee to fill
36the vacancy shall hold office for the unexpired term of his or her
37predecessor.
38(b) Appointments may be made by the presiding judge of the
39superior court, in the same manner designated in this section for
40the filling of vacancies, to increase the membership of a
P7 1commission to the maximum of 15 members in any county that
2has a commission with a membership of less than 15 members.
3(c) In any county in which the membership of the commission,
4on the effective date of amendments to this section enacted at the
51971 Regular Session of the Legislature, exceeds the maximum
6number
permitted by this section, no additional appointments shall
7be made until the number of commissioners is less than the
8maximum number permitted by this section. In any case, that
9county’s commission membership shall, on or after January 1,
101974, be no greater than the maximum number permitted by this
11section.
12(d) This section shall become operative on January 1, 2015.
Section 226 of the Welfare and Institutions Code is
14amended to read:
(a) In lieu of county juvenile justice commissions, the
16boards of supervisors of two or more adjacent counties may agree
17to establish a regional juvenile justice commission consisting of
18not less than eight citizens, and having a sufficient number of
19members so that their appointment may be equally apportioned
20between the participating counties. Two or more members shall
21be persons who are 14 to 21 years of age, inclusive, if there are
22available persons 14 to 21 years of age, inclusive, who are able to
23carry out the duties of a commission member in a manner
24satisfactory to the appointing authority. The presiding judge of the
25superior court with the concurrence of the judge of the juvenile
26court or, in a county having more than one judge of the juvenile
27court, with the concurrence of the
presiding judge of the juvenile
28court of each of the participating counties shall appoint an equal
29number of members to the regional justice commission and the
30members shall hold office for a term of four years. Of those first
31appointed, however, if the number of members appointed is an
32even number, one-half shall serve for a term of two years and
33one-half shall serve for a term of four years. If the number of
34members first appointed is an odd number, the greater number
35nearest one-half shall serve for a term of two years and the
36remainder shall serve for a term of four years. The respective terms
37of the members first appointed shall be determined by lot as soon
38as possible after their appointment. Upon a vacancy occurring in
39the membership of the commission, and upon the expiration of the
40term of office of any member, a successor shall be appointed by
P8 1the presiding judge of the superior court with the concurrence of
2the judge of the juvenile court or, in a county having more than
3one judge of the juvenile
court, with the concurrence of the
4presiding judge of the juvenile court of the county that originally
5appointed the vacating or retiring member. If a vacancy occurs for
6any reason other than the expiration of a term of office, the
7appointee shall hold office for the unexpired term of his or her
8predecessor.
9(b) This section shall remain in effect only until January 1, 2015,
10and as of that date is repealed, unless a later enacted statute, that
11is enacted before January 1, 2015, deletes or extends that date.
Section 226 is added to the Welfare and Institutions
13Code, to read:
(a) In lieu of county juvenile justice commissions, the
15boards of supervisors of two or more adjacent counties may agree
16to establish a regional juvenile justice commission consisting of
17not less than 10 citizens, and having a sufficient number of
18members so that their appointment may be equally apportioned
19between the participating counties. Two or more members shall
20be persons who are 14 to 21 years of age, inclusive, if there are
21available persons 14 to 21 years of age, inclusive, who are able to
22carry out the duties of a commission member in a manner
23satisfactory to the appointing authority. Two or more members
24shall be parents or guardians of previously or currently incarcerated
25begin delete youthend deletebegin insert
youth, if there are available persons who meet this
26requirement who are able to carry out the duties of a commission
27member in a manner satisfactory to the appointing authorityend insert. One
28member shall be a licensed social worker, licensed psychiatrist,
29or licensed psychologist with expertise in adolescentbegin delete developmentend delete
30begin insert development, if there is an available person who meets this
31requirement who is able to carry out the duties of a commission
32member in a manner satisfactory to the appointing authorityend insert. The
33presiding judge of the superior court with the concurrence of the
34judge of the juvenile court or, in a county having more than one
35judge of the juvenile court, with the concurrence of the presiding
36judge of the juvenile court of each of the participating counties
37shall appoint an equal
number of members to the regional justice
38commission and the members shall hold office for a term of four
39years. Of those first appointed, however, if the number of members
40appointed is an even number, one-half shall serve for a term of
P9 1two years and one-half shall serve for a term of four years. If the
2number of members first appointed is an odd number, the greater
3number nearest one-half shall serve for a term of two years and
4the remainder shall serve for a term of four years. The respective
5terms of the members first appointed shall be determined by lot
6as soon as possible after their appointment. Upon a vacancy
7occurring in the membership of the commission, and upon the
8expiration of the term of office of any member, a successor shall
9be appointed by the presiding judge of the superior court with the
10concurrence of the judge of the juvenile court or, in a county having
11more than one judge of the juvenile court, with the concurrence
12of the presiding judge of the juvenile court of the county that
13
originally appointed the vacating or retiring member. If a vacancy
14occurs for any reason other than the expiration of a term of office,
15the appointee shall hold office for the unexpired term of his or her
16predecessor.
17(b) This section shall become operative on January 1, 2015.
Section 229 of the Welfare and Institutions Code is
19amended to read:
(a) It shall be the duty of a juvenile justice commission
21to inquire into the administration of the juvenile court law in the
22county or region in which the commission serves. For this purpose
23the commission shall have access to all publicly administered
24institutions authorized or whose use is authorized by this chapter
25situated in the county or region, shall inspect those institutions at
26least once a year, and may hold hearings. A judge of the juvenile
27court may issue subpoenas requiring attendance and testimony of
28witnesses and production of papers at hearings of the commission.
29(b) A juvenile justice commission shall annually inspect any
30jail or lockup within the county that, in the preceding calendar
31year, was used for
confinement for more than 24 hours of any
32minor. It shall report the results of the inspection, together with
33its recommendations based thereon, in writing, to the juvenile court
34and to the Board of State and Community Corrections.
35(c) This section shall remain in effect only until January 1, 2015,
36and as of that date is repealed, unless a later enacted statute, that
37is enacted before January 1, 2015, deletes or extends that date.
Section 229 is added to the Welfare and Institutions
39Code, to read:
(a) It shall be the duty of a juvenile justice commission
2to inquire into the administration of the juvenile court law in the
3county or region in which the commission serves. For this purpose
4the commission shall have access to all publicly administered
5institutions authorized or whose use is authorized by this chapter
6situated in the county or region, shall inspect those institutions at
7least once a year, and may hold public hearings. A judge of the
8juvenile court may issue subpoenas requiring attendance and
9testimony of witnesses and production of papers at hearings of the
10commission.
11(b) A juvenile justice commission shall annually inspect any
12jail or lockup within the county that, in the preceding calendar
13year, was used for confinement for
more than 24 hours of any
14minor. As part of the annual inspection, the commission may
15review the records of the jail or lockup as to the use of solitary
16confinement, as defined in paragraph (2) of subdivision (a) of
17Section 208.3. The commission shall report the results of the
18inspection, together with its recommendations based thereon, in
19writing, to the juvenile court and the Board of State and
20Community Corrections, and may report those results to the county
21board of supervisors. The commission may present its report at an
22annual hearing on the condition of juvenile justice corrections as
23part of a regularly scheduled public meeting of the county board
24of supervisors, and may publish the report on the county
25begin delete governmentend deletebegin insert
government’send insert Internet Web site.
26(c) A juvenile justice commission may annually inspect any
27facility within the county other than a jail or lockup that, in the
28preceding calendar year, was used for confinement for more than
2924 hours of any minor. As part of the annual inspection, the
30commission may review the records of the facility as to the use of
31solitary confinement, as defined in paragraph (2) of subdivision
32(a) of Section 208.3. If the commission inspects a facility, the
33commission may report the results of the inspection, together with
34its recommendations based thereon, in writing, to the juvenile
35court, the county board of supervisors, and the Board of State and
36Community Corrections. The commission may present its report
37at an annual hearing on the condition of juvenile justice corrections
38as part of a regularly scheduled public meeting of the county board
39of supervisors, and may publish the report
on the county
40begin delete governmentend deletebegin insert government’send insert Internet Web site.
P11 1(d) This section shall become operative on January 1, 2015.
Section 230 of the Welfare and Institutions Code is
3amended to read:
A juvenile justice commission may recommend to any
5person charged with the administration of any of the provisions
6of this chapter those changes as it has concluded, after
7investigation, will be beneficial. A commission may publicize its
8recommendations on the countybegin delete governmentend deletebegin insert government’send insert Internet
9Web site.
If the Commission on State Mandates determines that
11this act contains costs mandated by the state, reimbursement to
12local agencies and school districts for those costs shall be made
13pursuant to Part 7 (commencing with Section 17500) of Division
144 of Title 2 of the Government Code.
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