BILL NUMBER: SB 61	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  SEPTEMBER 4, 2013
	AMENDED IN ASSEMBLY  JULY 2, 2013
	AMENDED IN SENATE  MAY 28, 2013
	AMENDED IN SENATE  APRIL 30, 2013
	AMENDED IN SENATE  APRIL 3, 2013

INTRODUCED BY   Senator Yee

                        JANUARY 8, 2013

   An act to amend Section 230 of, to amend, repeal, and add Sections
225, 226, and 229 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   prohibit
 a minor or ward who is detained in, or sentenced to, any
juvenile facility or other secure state or local facility 
shall not be   from being  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.  The bill would exempt from these
provisions   any juvenile who commits an assault or battery
  while   detained in, or sentenced to, any
juvenile facility, or who is determined by correctional facility
staff to be a high-risk offender.  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 development, if there are available persons who meet those
requirements, as specified. 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 county
government's 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 county
government's 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 county
government's 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) "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.
   (2) "Solitary confinement" means the  involuntary holding
  placement  of  a person   an
incarcerated person, or a person detained as a result of a juvenile
petition,  in a  locked  room or cell  from
which the person is prevented from leaving, in isolation from
  with minimal or no contact with  persons other
than guards,  correctional  facility staff, and 
attorneys, during hours other than a facility's sleeping hours.
  attorneys. Solitary confinement does not include
confinement of a ward or minor in a single-person room or cell for br
  ief periods of locked   -room confinement
necessary for institutional operations, including, but not limited
to, shift changes, showering, and unit movements. 
   (3) "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 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, which shall be required for each 24-hour period thereafter.

   (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 occurrence, the reason for placement in solitary confinement,
and the race, age, and gender of the minor or ward placed in solitary
confinement. If any health or mental health clinical evaluations
were performed, these records shall affirmatively certify that 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) This section does not apply to any juvenile who commits an
assault or battery on another person while each is detained in, or
sentenced to, any juvenile facility, or who is determined by
correctional facility staff to be a high-risk offender. This
subdivision shall be liberally construed to effectuate its purposes.
 
   (f) This section is not intended to limit the use of single-person
rooms or cells for the housing of minors or wards in juvenile
facilities.  
   (e)  
   (g) This section does not apply to minors or wards in court
holding facilities or adult facilities in accordance with Title 15 of
the California Code of Regulations. 
    (   h) Nothing in this section shall be
construed to conflict with any law providing greater or additional
protections to minors or wards. 
   (f) 
    (   i)  This section shall become operative on
January 1, 2015.
  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 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. 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, such 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 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.
  SEC. 3.  Section 225 is added to the Welfare and Institutions Code,
to read:
   225.  (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, if there are available persons who meet this
requirement who are able to carry out the duties of a commission
member in a manner satisfactory to the appointing authority. One
member shall be a licensed social worker, licensed psychiatrist, or
licensed psychologist with expertise in adolescent development, if
there is an available person who meets this requirement who is 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 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.
  SEC. 4.  Section 226 of the Welfare and Institutions Code is
amended to read:
   226.  (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 eight 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. 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 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.
  SEC. 5.  Section 226 is added to the Welfare and Institutions Code,
to read:
   226.  (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, if there are available
persons who meet this requirement who are able to carry out the
duties of a commission member in a manner satisfactory to the
appointing authority. One member shall be a licensed social worker,
licensed psychiatrist, or licensed psychologist with expertise in
adolescent development, if there is an available person who meets
this requirement who is 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 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.
  SEC. 6.  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 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. It shall
report the results of the inspection, together with its
recommendations based thereon, in writing, to the juvenile court and
to the Board of State and Community Corrections.
   (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.
  SEC. 7.  Section 229 is added to the Welfare and Institutions Code,
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
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's 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's
Internet Web site.
   (d) This section shall become operative on January 1, 2015.
  SEC. 8.  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 may publicize its recommendations on the
county government's Internet Web site.
  SEC. 9.  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.