Senate BillNo. 1161


Introduced by Senator Beall

February 20, 2014


An act to amend Section 224.71 of the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL’S DIGEST

SB 1161, as introduced, Beall. Juveniles: Youth Bill of Rights.

Existing law, the Youth Bill of Rights, enumerates various specific rights for youth confined in a facility of the Division of Juvenile Facilities, including, among others, the right to live in a safe, healthy, and clean environment conducive to treatment and rehabilitation and where he or she is treated with dignity and respect.

This bill would make technical, nonsubstantive changes to those provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 224.71 of the Welfare and Institutions
2Code
is amended to read:

3

224.71.  

It is the policy of the state thatbegin delete allend deletebegin insert aend insert youth confined in
4a facility of the Division of Juvenile Facilitiesbegin insert, Department of
5Corrections and Rehabilitation,end insert
shall havebegin insert all ofend insert the following
6rights:

7(a) To live in a safe, healthy, and clean environment conducive
8to treatment and rehabilitation and wherebegin delete they areend deletebegin insert he or she isend insert
9 treated with dignity and respect.

P2    1(b) To be free from physical, sexual, emotional, or other abuse,
2or corporal punishment.

3(c) To receive adequate and healthy food and water, sufficient
4personal hygiene items, and clothing that is adequate and clean.

5(d) To receive adequate and appropriate medical, dental, vision,
6and mental health services.

7(e) To refuse the administration of psychotropic and other
8medications consistent with applicable law or unless immediately
9necessary for the preservation of life or the prevention of serious
10bodily harm.

11(f) To not be searched for the purpose of harassment or
12humiliation or as a form of discipline or punishment.

13(g) To maintain frequent and continuing contact with parents,
14guardians, siblings, children, and extended family members,
15through visits, telephone calls, and mail.

16(h) To make and receive confidential telephone calls, send and
17receive confidential mail, and have confidential visits with
18attorneys and their authorized representatives, ombudspersons and
19other advocates, holders of public office, state and federal court
20personnel, and legal service organizations.

21(i) To have fair and equal access to all available services,
22placement, care, treatment, and benefits, and to not be subjected
23to discrimination or harassment on the basis of actual or perceived
24race, ethnic group identification, ancestry, national origin, color,
25religion, sex, sexual orientation, gender identity, mental or physical
26disability, or HIV status.

27(j) To have regular opportunity for age-appropriate physical
28exercise and recreation, including time spent outdoors.

29(k) To contact attorneys, ombudspersons and other advocates,
30and representatives of state or local agencies, regarding conditions
31of confinement or violations of rights, and to be free from
32retaliation for making these contacts or complaints.

33(l) To participate in religious services and activities of their
34choice.

35(m) To not be deprived of any of the following as a disciplinary
36measure: food, contact with parents, guardians, or attorneys, sleep,
37exercise, education, bedding, access to religious services, a daily
38shower, a drinking fountain, a toilet, medical services, reading
39material, or the right to send and receive mail.

P3    1(n) To receive a quality education that complies with state law,
2to attend age-appropriate school classes and vocational training,
3and to continue to receive educational services while on
4disciplinary or medical status.

5(o) To attend all court hearings pertaining to them.

6(p) To have counsel and a prompt probable cause hearing when
7detained on probation or parole violations.

8(q) To make at least two free telephone calls within an hour
9after initially being placed in a facility of the Division of Juvenile
10Facilities following an arrest.



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