BILL ANALYSIS Ó
SB 61
Page 1
SENATE THIRD READING
SB 61 (Yee)
As Amended September 4, 2013
Majority vote
SENATE VOTE :24-14
PUBLIC SAFETY 5-2 APPROPRIATIONS 11-5
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|Ayes:|Ammiano, Jones-Sawyer, |Ayes:|Gatto, Bradford, Ian |
| |Mitchell, Quirk, Skinner | |Calderon, Campos, Eggman, |
| | | |Gomez, Hall, Holden, Pan, |
| | | |Quirk, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Melendez, Waldron |Nays:|Harkey, Bigelow, |
| | | |Donnelly, Linder, Wagner |
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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 placement of a person,
as specified, in a locked room or cell from which the person
is prevented from leaving, in isolation from persons other
than guards, correctional facility staff, and attorneys,
during hours other than a facility's sleeping hours.
Specifies that solitary confinement does not include
confinement in a single-person room or cell for brief
locked-room confinement periods necessary for institutional
operations.
3)Defines "minor" as including the following persons:
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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
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)Provides that the above provisions do not apply to any person
who, while in custody, uses force or violence against another
person.
7)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.
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8)Makes these records available for public inspection pursuant
to the California Public Records Act.
9)Specifies that this bill is not intended to limit the use of
single-person rooms or cells to house minors in juvenile
facilities and that this bill does not apply to minors in
court holding facilities or adult facilities, as specified.
10)Specifies that this bill is not intended to limit the use of
single-person rooms or cells to house minors in juvenile
facilities of and that this bill does not apply to minors in
court holding facilities or adult facilities as specified.
11)Provides that nothing in the above provisions shall be
construed to conflict with any law providing greater or
additional protections to minors or wards.
12)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.
13)Increases, starting January 1, 2015, the minimum number of
citizens appointed to a juvenile justice commission that is
shared by two or more adjacent counties from 8 to 10.
14)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 Web site.
15)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
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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.
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.
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.
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.
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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,
x) Education.
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.
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 eight citizens, two of whom to be
between 14 and 21 years of age if available, and having a
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sufficient number of members so that their appointment may be
equally apportioned between the participating counties.
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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Minor state and moderate local costs, likely in excess of
$150,000 statewide, to document in detail each instance of
solitary confinement. Any local costs are state-reimbursable.
There are about 700 wards in state Division of Juvenile
Justice facilities and about 8,500 in local juvenile halls,
camps and other facilities.
2)Minor, likely absorbable, state and local administrative costs
to alter existing procedures regarding the use of solitary
confinement. In most cases, the provisions of this bill will
probably not differ markedly from existing procedures. Any
local costs are state-reimbursable.
COMMENTS : 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 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."
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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.'"
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744
FN: 0002204
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