BILL NUMBER: SB 124	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Leno

                        JANUARY 16, 2015

   An act to amend Sections 225, 226, 229, 230, and 240 of, and to
add Section 208.3 to, the Welfare and Institutions Code, relating to
juveniles.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 124, as introduced, Leno. 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 prohibit a person confined in a juvenile facility
who is a danger to himself, herself, or others as a result of a
mental disorder, or who is gravely disabled, from being subject to
solitary confinement, and would require that the person be
transported to, and evaluated at, a designated facility. The bill
would also prohibit a person, other than one described above, who is
detained in any secure state or local juvenile facility from being
subject to solitary confinement unless certain conditions are
satisfied, including that the person poses an immediate and
substantial risk of harm to the security of the facility, poses an
immediate and substantial risk of harm to others that is not the
result of a mental disorder, or poses a risk of harm to himself or
herself that is not a result of a mental disorder. The bill would
permit, if those conditions are satisfied, the person to be held in
solitary confinement only in accordance with specified guidelines,
including that the person be held in solitary confinement only for
the minimum time required to address the risk, and that does not
compromise the mental and physical health of the person, but no
longer than 4 hours. The bill would require each local and state
juvenile facility to document the usage of solitary confinement, as
prescribed. 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 also establishes a probation commission, consisting
of not less than 7 members, in lieu of a juvenile justice commission
in counties with a population in excess of 6,000,000.
   This bill would increase the membership of a regional juvenile
justice commission to no less than 10 members and would require a
probation commission to include 2 or more members who are 14 to 21
years of age, inclusive. The bill would also require that 2 or more
members of a juvenile justice commission, a regional juvenile justice
commission, or a probation commission be parents or guardians of
previously or currently incarcerated youth, and one member be a
licensed psychiatrist, licensed psychologist, or licensed clinical
social worker with expertise in adolescent development.
    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.
   This bill would instead require a juvenile justice commission and
a probation commission to inspect any jail, lockup, or facility that,
in the preceding calendar year, was used for confinement for more
than 24 hours of any person and would require, as a part of that
inspection, a review of the records of the jail, lockup, or facility
relating to the use of solitary confinement. The bill would require
the commission to report the results of the inspection, together with
its recommendations based thereon, in writing, to the juvenile
court, the Board of State and Community Corrections, and the county
board of supervisors. The bill would require the commission to
annually present its report at 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 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 or other publicly accessible medium.
   By increasing the duties of local commissions and county boards of
supervisors, this bill would impose a state-mandated local program.
   (3)Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.
   This bill would make legislative findings to that effect.
   (4) 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) "Juvenile facility" includes any of the following:
   (A) A juvenile hall, as described in Section 850.
   (B) A juvenile camp or ranch, as described in Article 24
(commencing with Section 880).
   (C) A facility of the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities.
   (D) A regional youth educational facility, as described in Section
894.
   (E) A youth correctional center, as described in Article 9
(commencing with Section 1850) of Chapter 1 of Division 2.5.
   (F) Any other local or state facility used for the confinement of
minors or wards.
   (2) "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.
   (3) "Solitary confinement" means the placement of an incarcerated
person in a locked room or cell alone with minimal or no contact with
persons other than guards, correctional facility staff, and
attorneys. Solitary confinement does not include confinement of a
person in a single-person room or cell for brief periods of
locked-room confinement necessary for required institutional
operations, including, but not limited to, shift changes, showering,
and unit movements.
   (4) "Ward" means a person who has been declared a ward of the
court pursuant to subdivision (a) of Section 602.
   (b) A person confined in a juvenile facility who is a danger to
himself, herself, or others as a result of a mental disorder, or who
is gravely disabled, as defined in subdivision (h) of Section 5008,
shall not be subject to solitary confinement, and shall be
transported to, and evaluated at, a designated facility, as defined
in subdivision (n) of Section 5008, pursuant to section 5150 or
Section 5585.50.
   (c) A person confined in any secure state or local juvenile
facility, and who is not described in subdivision (b), shall be
subject to solitary confinement only if all of the following are
true:
   (1) The person poses an immediate and substantial risk of harm to
the security of the facility, the person poses an immediate and
substantial risk of harm to others that is not the result of a mental
disorder, or the person poses a risk of harm to himself or herself
that is not a result of a mental disorder.
   (2) All other less-restrictive options to address the risk have
been attempted and exhausted.
   (3) The performance of solitary confinement is done in accordance
with the following guidelines:
   (A) The person may be held in solitary confinement only for the
minimum time required to address the risk, and for a period of time
that does not compromise the mental and physical health of the minor
or ward, but not to exceed four hours. After the person is held in
solitary confinement, the person shall be returned to regular
programming or placed in individualized programming that does not
involve solitary confinement. If it appears during the time a person
is held in solitary confinement that the person is suffering from a
mental disorder, and consultation with a qualified mental health
professional determines that it is appropriate, the person shall be
transported to a mental health facility.
   (B) If a person in solitary confinement poses a risk of harm to
himself or herself that is not a result of a mental disorder, the
condition of the person shall be monitored closely by a qualified
mental health professional. If a qualified mental health professional
determines that the person cannot be safely released from solitary
confinement, the person shall be transported to a mental health
facility or hospital for the development and implementation of an
individualized suicide crisis intervention plan.
   (C) The use of consecutive periods of solitary confinement shall
be prohibited.
   (d) Solitary confinement shall not be used for the purposes of
discipline, punishment, coercion, convenience, or retaliation by
staff.
   (e) Each local and state juvenile facility shall document the
usage of solitary confinement, including all of the following:
   (1) The name of the person subject to solitary confinement.
   (2) The date and time the person was placed in solitary
confinement.
   (3) The date and time the person was released from solitary
confinement.
   (4) The name and position of person authorizing the placement of
the person in solitary confinement.
   (5) The names of staff involved in the incident leading to the use
of solitary confinement.
   (6) A description of circumstances leading to use of solitary
confinement.
   (7) A description of alternative actions and sanctions attempted
and found unsuccessful.
   (8) The dates and times when staff checked in on the person when
he or she was in solitary confinement, and the person's behavior
during the check.
   (f) The records described in subdivision (e), excluding any
identifying information, 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).
   (g) This section is not intended to limit the use of single-person
rooms or cells for the housing of persons in juvenile facilities.
   (h) This section does not apply to minors or wards in court
holding facilities or adult facilities.
   (i) Nothing in this section shall be construed to conflict with
any law providing greater or additional protections to minors or
wards.
  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 of the members shall be persons who
are  between 14 and 21 years of age, provided there are
available persons between 14 and 21 years of age who are able to
carry out the duties of a commission member in a manner satisfactory
to the appointing authority.   14 to 21 years of age,
inclusive. Two or more of the members shall be parents or guardians
of previously or currently incarcerated youth. One member shall be a
licensed psychiatrist, licensed psychologist, or licensed clinical
social worker with expertise in adolescent development.  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  such time as  his or her term of appointment
as a member of the probation committee would have expired under any
prior  provision of  law. Upon a vacancy occurring
in the membership of the  commission  
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.  When   If 
a vacancy occurs for any reason other than the expiration of a term
of office, the appointee to fill  such   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  which   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.

  SEC. 3.  Section 226 of the Welfare and Institutions Code is
amended to read:
   226.  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   ten  citizens, and
having a sufficient number of members so that their appointment may
be equally apportioned between the participating counties. Two or
more of the members shall be persons who are  between 14 and
21 years of age, provided there are available persons between 14 and
21 years of age who are able to carry out the duties of a commission
member in a manner satisfactory to the appointing authority.
  14 to 21 years of age, inclusive   . Two or
more of the members shall be parents or guardians of previously or
currently incarcerated youth. One member shall be a licensed
psychiatrist, licensed psychologist, or licensed clinical social
worker with expertise in adolescent development.  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
 they   the members  shall hold office for
a term of four years. Of those first appointed, however, if the
number  of members  appointed  be   is
 an even number,  half  one-half 
shall serve for a term of two years and  half  
one-half  shall serve for a term of four  years and if
  years. If  the number of members first appointed
 be   is  an odd number, the greater number
nearest  half   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
  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  which 
 that  originally appointed  such   the
 vacating or retiring member.  When   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.
  SEC. 4.  Section 229 of the Welfare and Institutions Code is
amended to read:
   229.   (a)    It shall be the duty of a juvenile
justice commission  or a probation 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  such
institutions no less frequently than   those
institutions at least  once a year, and may hold  public
 hearings. A judge of the juvenile court  shall have the
power to   may  issue subpoenas requiring
attendance and testimony of witnesses and production of papers at
hearings of the commission.
    (b)    A juvenile justice commission  or
probation commission  shall annually inspect any  jail
or lockup   jail, lockup, or facility  within the
county  which   that,  in the preceding
calendar  year   year,  was used for
confinement for more than 24 hours of any minor. It 
 person. As a part of the annual inspection, a juvenile justice
commission or probation commission shall review the records of the
jail, lockup, or facility relating to the use of solitary
confinement, as defined in paragraph (3) of subdivision (a) of
Section 208.3. The   commission  shall report the
results of  such inspection   the inspection,
 together with its recommendations based thereon, in writing, to
the juvenile  court   court, the county board
of supervisors,  and to the Board of  State and Community
 Corrections.  The report shall be presented annually as
part of a regu   larly scheduled public meeting of the
county board of supervisors, and may be published on the county
government's   Internet Web site. 
  SEC. 5.  Section 230 of the Welfare and Institutions Code is
amended to read:
   230.  A juvenile justice commission  or probation commission
 may recommend to any person charged with the administration of
any of the provisions of this chapter  such  
those  changes  as  it has concluded, after
investigation, will be beneficial. A commission may publicize its
 recommendations.   recommendations on the
county government's Internet Web site or other publicly accessible
medium. 
  SEC. 6.  Section 240 of the Welfare and Institutions Code is
amended to read:
   240.  In counties having a population in excess of 6,000,000 in
lieu of a county juvenile justice commission, there shall be a
probation commission consisting of not less than seven members who
shall be appointed by the same authority as that authorized to
appoint the probation officer in that county.  Two or more of the
members shall be 1   4 to 21 years of age, inclusive. Two
or more of the members shall be parents or guardians of previously or
currently incarcerated youth. One member shall be a licensed
psychiatrist, licensed psychologist, or licensed clinical social
worker with expertise in adolescent development. 
  SEC. 7.  The Legislature finds and declares that Section 1 of this
act, which adds Section 208.3 to the Welfare and Institutions Code,
imposes a limitation on the public's right of access to the meetings
of public bodies or the writings of public officials and agencies
within the meaning of Section 3 of Article I of the California
Constitution. Pursuant to that constitutional provision, the
Legislature makes the following findings to demonstrate the interest
protected by this limitation and the need for protecting that
interest:
   In order to protect the privacy and medical information of persons
confined in secure state and local juvenile facilities and held in
solitary confinement, it is necessary that identifying information
about those persons be kept confidential.
  SEC. 8.  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.