BILL ANALYSIS Ó
SB 61
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Date of Hearing: June 25, 2013
Counsel: Shaun Naidu
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 61 (Yee) - As Amended: May 28, 2013
As Proposed to be Amended in Committee
SUMMARY : Establishes standards and protocols for the use of
solitary confinement of minors and wards in state and local
juvenile facilities, as specified. Specifically, this bill :
1)Provides 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.
2)Defines "solitary confinement" as 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.
3)Defines "minor" as including the following persons:
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; or
c) A person under the jurisdiction of the Department of
Corrections and Rehabilitation, Division of Juvenile
Facilities (DJF).
4)States that a minor or ward may be held in solitary
confinement only in accordance with all of the following
guidelines:
a) The confinement is only for the minimum time required to
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address the safety risk and does not compromise the mental
and physical health of the minor or ward; and
b) The minor or ward is not placed in solitary confinement
for more than 24 hours in a one-week period without the
written approval of the Chief of the DJF, or his or her
designee, or the chief probation officer, or his or her
designee. The written approval is required for each
24-hour period thereafter.
5)Prohibits the use of solitary confinement for the purposes of
discipline, punishment, coercion, convenience, or retaliation
by staff.
6)Requires each local and state juvenile facility to 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. Requires, if
any health or mental health clinical evaluations were
performed, these records to 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.
7)Makes these records available for public inspection pursuant
to the California Public Records Act.
8)Provides that nothing in this above provisions shall be
construed to conflict with any law providing greater or
additional protections to minors or wards.
9)Requires, starting January 1, 2015, the juvenile justice
commission of each county or the juvenile justice commission
that is shared by two or more adjacent counties to have at
least two members who are parents or guardians of previously
or currently incarcerated youth and one member who is a
licensed social worker, psychiatrist, or psychologist with
expertise in adolescent development, provided there are
persons available that meet these requirements who are able to
carry out the duties of a commission member in a manner
satisfactory to the appointing authority.
10)Increases, starting January 1, 2015, the minimum number of
citizens appointed to a juvenile justice commission that is
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shared by two or more adjacent counties from 8 to 10.
11)Authorizes a juvenile justice commission to review the
records of the jail or lockup as to the use of solitary
confinement as part of its annual inspection, and requires the
commission to report the inspection results along with its
recommendations to the juvenile court and the Board of State
and Community Corrections. Authorizes the commission to share
the report with the county board of supervisors and publish
the report on the county's website.
12)Authorizes a juvenile justice commission to inspect annually
any facility within the county other than a jail or lockup
that was used to confine a minor for more than 24 hours in the
preceding calendar year.
EXISTING LAW :
1)States that the purpose of the juvenile court system is to
provide for the protection and safety of the public and each
minor under the jurisdiction of the juvenile court and to
preserve and strengthen the minor's family ties whenever
possible, removing the minor from the custody of his or her
parents only when necessary for his or her welfare or for the
safety and protection of the public. Requires that if removal
of a minor is determined by the juvenile court to be
necessary, reunification of the minor with his or her family
is a primary objective, and if the minor is removed from his
or her own family, it is the purpose of the juvenile court
system to secure for the minor custody, care, and discipline
as nearly as possible equivalent to that which should have
been given by his or her parents. [Welfare and Institutions
Code (WIC) Section 202(a).]
2)States that minors under the jurisdiction of the juvenile
court who are in need of protective services shall receive
care, treatment, and guidance consistent with their best
interest and the best interest of the public and that minors
under the jurisdiction of the juvenile court as a consequence
of delinquent conduct shall, in conformity with the interests
of public safety and protection, receive care, treatment, and
guidance that is consistent with their best interest, that
holds them accountable for their behavior, and that is
appropriate for their circumstances. [WIC Section 202(b).]
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3)Requires the Board of State and Community Corrections (BSCC)
to adopt minimum standards for the operation and maintenance
of juvenile halls for the confinement of minors. (WIC Section
210.)
a) Requires the detention facility administrator to develop
written policies and procedures concerning the need to
segregate minors. Requires that minors who are segregated
are not to be denied normal privileges available at the
facility, except when necessary to accomplish the
objectives of segregation. Requires written procedures be
developed that provide a review of all minors to determine
whether it is appropriate for them to remain in segregation
and for direct visual observation. (Cal. Code of
Regulations, Title 15, Section 1354.)
b) When segregation is for the purpose of discipline, the
facility administrator is required to develop written
policies and procedures for the discipline of minors that
shall promote acceptable behavior. Requires that
discipline is to be imposed at the least restrictive level
which promotes the desired behavior and that discipline
shall not include corporal punishment, group punishment,
physical or psychological degradation, or deprivation of
the following:
i) Bed and bedding;
ii) Daily shower, access to drinking fountain, toilet
and personal hygiene items, and clean clothing;
iii) Full nutrition;
iv) Contact with parent or attorney;
v) Exercise;
vi) Medical services and counseling;
vii) Religious services;
viii) Clean and sanitary living conditions;
ix) The right to send and receive mail; and,
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x) Education. (Cal. Code of Regulations, Title 15,
Section 1390.)
4)Requires that each county have a juvenile justice commission
consisting of between 7 and 15 citizens, as specified, and
that two or more of the members be persons who are between 14
and 21 years of age, provided there are persons available in
that age range who are able to carry out the duties of a
commission member in a manner satisfactory to the appointing
authority. (WIC Section 225.)
5)Authorizes, in lieu of a county juvenile justice commission,
the boards of supervisors of two or more adjacent counties to
agree to establish a regional juvenile justice commission
consisting of at least 8 citizens, two of whom to be between
14 and 21 years of age if available, and having a sufficient
number of members so that their appointment may be equally
apportioned between the participating counties. (WIC Section
226.)
6)States that it is 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 and that
the commission shall have access to all publicly-administered
institutions, authorized by law and situated in the county or
region, to inspect such institutions at least once a year.
Authorizes a juvenile justice commission to hold hearings and
grants a juvenile court judge the power to issue subpoenas
requiring attendance and testimony of witnesses and production
of papers at the hearings. Further requires that a juvenile
justice commission annually inspect any jail or lockup within
the county that was used to confine a minor for more than 24
hours in the preceding calendar year and requires the
commission to issue a written report of the results of such
inspection together with its recommendations to the juvenile
court and to the Board of Corrections. (WIC Section 229.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "SB 61 sets a
standard for the use of solitary confinement at state and
county juvenile correctional facilities. It does not ban the
use of solitary confinement. By establishing practical
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standards, we not only prevent human rights abuses against our
children, we provide greater guidance to local governments to
curb this practice that leaves them vulnerable to lawsuits."
2)Background : According to the author, "[i]n October 2011, the
United Nations (UN) called on all countries to ban solitary
confinement of prisoners except in very exceptional
circumstances and for as short a time as possible, with an
absolute prohibition in the case of juveniles and people with
mental disabilities. Nationally, over half of the youth who
committed suicide while in a correctional facility were in
solitary confinement at the time and 62 percent had a history
of being placed in solitary confinement. Research also shows
that individuals who were forced into solitary confinement had
much higher rates of recidivism as well as developing
psychopathologies.
?
"California Code of Regulations Title 15, Section 1354 states
that the facility administrator shall develop written policies
and procedures concerning the need to segregate minors.
Minors who are segregated shall not be denied normal
privileges available at the facility, except when necessary to
accomplish the objectives of segregation. Written procedures
shall be developed which provide a review of all minors to
determine whether it is appropriate for them to remain in
segregation and for direct visual observation.
"However, these regulations fail to adequately protect youth
from excessive isolation. Particularly, youth with mental
health needs, mental disabilities, and/or LGBTQ youth are at
increased risk of isolation in juvenile facilities. In
addition, studies demonstrate that social interaction is
particularly helpful for the rehabilitation of females. Six
states, including Connecticut, Arizona, Maine, Oklahoma, West
Virginia and Alaska, ban solitary confinement for 'punitive
reasons.'"
3)Division of Juvenile Facilities (DJF) : On May 16, 2000, this
Committee conducted a joint informational hearing with the
Senate Public Safety Committee regarding conditions at the
then-existing California Youth Authority (CYA). A former CYA
ward testified about his experience on "lock-down" at CYA in
the early-to-mid 1990s:
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I spent ten months on the Taft lock-down unit for
assaultive wards. I was considered a threat to
regular staff. For the first month-and-a-half that I
was there, I came out of my room for one hour a day.
As soon as the shift came on, which is about 6 o'clock
in the morning, I would have my handcuffs removed out
of my room to shower. My shower would count as part
of my hour, as part of my large muscle exercise. I
would sometimes have to eat in my handcuffs in front
of the TV. That would be part of my large muscle
exercise. That would be it. For a month-and-a-half I
did that.
(Transcript, Joint Oversight Hearing of the Senate and
Assembly Committees on Public Safety Regarding the
California Department of the Youth Authority (May 16,
2000).)
As part of comprehensive litigation involving conditions at
DJF that commenced in 2003, Farrell v. Cate , DJF is required
to adopt reformed methods for dealing with containment or
isolation of wards. (See Consent Decree, Farrell v. Allen
(Super. Ct. Alameda County, 2004, No. RG 03079344)
; Defendant's
Notice of Filing DJJ's Safety and Welfare Remedial Plan,
Farrell v. Hickman (Super. Ct. Alameda County, 2006, No. RG
03079344) <
http://www.prisonlaw.com/pdfs/SafetyPlanFinal.pdf>.)
4)Arguments in Support : According to the Drug Policy Alliance ,
"Solitary confinement has been widely condemned as torture.
In October 2011, the United Nations called on all countries to
ban solitary confinement of prisoners except in very
exceptional circumstances and for as short a time as possible,
with an absolute prohibition in the case of juveniles and
people with mental disabilities. Efforts have been made
across the country to curb the use of solitary confinement for
adults and several states have prohibited the use of solitary
confinement of youth for disciplinary reasons. ? Solitary
confinement is contrary to the rehabilitative and retreatment
goals of the juvenile justice system, and contrary to our
values as a society."
5)Arguments in Opposition : According to the Chief Probation
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Officers of California , "The Board of State and Community
Corrections (BSCC) already has regulations on juvenile
solitary confinement contained in Title 15 and 24. It is
unnecessary at this time to incur additional costs of
rewriting and training on standards that have already been put
in place. Current state regulations, as well as local
policies and procedures, authorize the manager or designee to
make the determination of who should be removed from the
general program as a result of safety and security issues.
Further, the definition of solitary confinement would
essentially apply to every juvenile within a facility based on
its broad application to this population."
6)Prior Legislation : SB 1363 (Yee), of the 2011-12 Legislative
Session, would have established standards and protocols for
the use of solitary confinement in state and local juvenile
facilities for the confinement of delinquent minors. SB 1363
failed passage in the Senate Committee on Public Safety.
REGISTERED SUPPORT / OPPOSITION :
Support
California Public Defenders Association (Co-Sponsor)
Ella Baker Center for Human Rights (Co-Sponsor)
Youth Justice Coalition (Co-Sponsor)
All of Us or None
All Saints Church
All Saints Church Foster Care Project
American Civil Liberties Union
American Federation of State, County and Municipal Employees,
AFL-CIO
American Friends Service Committee
Asian Law Caucus
California Attorneys for Criminal Justice
California Catholic Conference of Bishops
California Coalition for Youth
California Families to Abolish Solitary Confinement
California Psychiatric Association
California Psychological Association
California State Conference of the National Association for the
Advancement of Colored People
California Youth Empowerment Network
Californians United for a Responsible Budget
Center on Juvenile and Criminal Justice
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Drug Policy Alliance
East Bay Developmental Disabilities Legislative Coalition
Equality California
Flawless Foundation
Friends Committee on Legislation in California
Justice Fellowship
Justice Now
Juvenile Offenders Committee
Legal Services for Prisoners with Childers
Los Angeles Community Action Network
Los Angeles Regional Reentry Partnership
Massachusetts General Hospital
Mental Health America of California
National Association of Social Workers, California Chapter
National Juvenile Justice Network
National Religious Campaign Against Torture
Public Counsel
President Dianne F. Harrison, California State University,
Northridge
State Advisory Committee on Juvenile Justice and Delinquency
Prevention
W. Haywood Burns Institute for Juvenile Justice Fairness and
Equity
Women's Foundation
Youth Law Center
Seven private individuals
Opposition
California Probation, Parole and Correctional Association
California State Sheriffs' Association
Chief Probation Officers of California
Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744
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PROPOSED AMENDMENTS TO SENATE BILL NO. 61
Proposed Amendment 1
On page 7, in line 26, strike out "youth." and insert:
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.
Proposed Amendment 2
On page 7, in line 28, strike out "development." and
insert:
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.
Proposed Amendment 3
On page 9, in line 31, strike out "youth." and insert:
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.
Proposed Amendment 4
On page 9, in line 33, strike out "development." and
insert:
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.