BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 124 (Leno) - Juveniles: solitary confinement ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 21, 2015 |Policy Vote: PUB. S. 5 - 2 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 11, 2015 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: SB 124 would establish standards and protocols for the use of solitary confinement in state and local juvenile facilities and other secure state or local facilities for the confinement of minors or wards, as specified, and make various changes to the composition and duties of juvenile justice commissions and probation commissions. Fiscal Impact: Annual costs to the CDCR Division of Juvenile Facilities (DJF) estimated at a minimum of $2.5 million (General Fund) annually for increased staffing, data collection, and training on new regulations. The provisions of this bill would apply to the DJF population of approximately 700 youth. Ongoing likely state-reimbursable local costs potentially in the millions of dollars (General Fund) statewide for over 100 SB 124 (Leno) Page 1 of ? local juvenile facilities with an average daily population of approximately 7,600 youth, to meet the operational, transportation, evaluation, and documentation mandates of this bill. Potentially significant cost pressure to local county mental health staff to respond to increased evaluation requirements at local juvenile facilities. Minor annual local costs to effectuate the changes to juvenile justice commission membership. Ongoing costs of about $30,000 (General Fund) to the BSCC for revised and extended training provided to juvenile justice commission members. Potentially significant annual state-reimbursable costs (General Fund) for local juvenile justice commissions to expand the list of annual inspections of jails and lockup facilities to include any facility within the county used for confinement for more than 24 hours of any person (currently restricted to minors). Potentially significant annual state-reimbursable costs (General Fund) to extend duties of juvenile justice commissions to local probation commissions. To the extent probation commissions reduce the existing workload of juvenile justice commissions would serve to reduce in part the level of new costs to juvenile justice commissions. Additional costs (General Fund) to expand its review to records of solitary confinement newly required under the bill's provisions. Background: Existing law provides generally that the purpose of the juvenile court law "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. If removal of a minor is determined by the juvenile court to be necessary, reunification of the minor with his or her family shall be a primary objective. If the minor is removed from his or her own family, it is the purpose of this chapter 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 . . . ` . . . 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. Minors under the SB 124 (Leno) Page 2 of ? 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 ... (Welfare and Institutions Code § 202.) Existing law 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." The BSCC is required to "adopt and prescribe the minimum standards of construction, operation, programs of education and training, and qualifications of personnel for juvenile ranches, camps, or forestry camps . . . ." (WIC § 210.) Existing law provides that in each county there shall be a juvenile justice commission consisting of not less than seven and no more than 15 citizens, as specified. Current law requires that two or more of the members 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." (WIC § 225.) Proposed Law: This bill would enact new statutory provisions regulating the use of "solitary confinement" in state and local juvenile facilities, as follows: Defines "solitary confinement" to mean "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." Defines "juvenile facility" as including a juvenile hall, a juvenile camp or ranch, a facility of the CDCR DJF, a regional youth educational facility, a youth correctional center, and any other local or state facility used for the confinement of SB 124 (Leno) Page 3 of ? minors or wards. Also defines "minor" and "ward," as specified. Provides that solitary confinement shall not be used for the purposes of discipline, punishment, coercion, convenience, or retaliation by staff. Provides that a person may be held in solitary confinement if the person poses an immediate and substantial risk of harm to others or self that is not the result of a mental disorder, or if the person poses an immediate and substantial risk of harm to the security of the facility. Provides that "a person confined in any juvenile facility who is a danger to himself, herself, or others as a result of a mental disorder, or who is gravely disabled, as specified, shall not be subject to solitary confinement and shall be transported to, and evaluated at, a designated mental health treatment facility, as specified. Provides that "solitary confinement" be done in accordance with the following guidelines only after all other less-restrictive options to address the risk have been attempted and exhausted: o 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. If it appears during the time a person is held in solitary confinement that the person is suffering from a mental disorder, the juvenile facility shall consult with a qualified mental health professional to determine whether the person suffers from a mental disorder. If the person suffers from a mental disorder that may warrant higher level of care than can be provided at the facility, the juvenile facility shall transport the person to a mental health facility. o 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 custody staff of the juvenile facility. Requires each local and state juvenile facility to document the usage of solitary confinement, including specified information for each case. Requires the documentation records to be available without identifying information to public disclosure, as specified. Provides that the provisions of the section of the bill are SB 124 (Leno) Page 4 of ? not to apply to minors or wards in court holding facilities or adult facilities. Requires that two or more of the members of the county and regional juvenile justice commissions, shall be persons who are 14 to 21 years of age, inclusive; two or more of the members to 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. Increases the regional juvenile justice commission to no less than ten, instead of eight, members. Extends the duties of juvenile justice commissions to probation commissions, as specified. Expands requirements for annual inspections from jails and lockups to include any facility within the county that was used for confinement for more than 24 hours of any person (existing law is restricted to minors). Expands duties of the commissions to review records of jails, lockups, and facilities relating to the use of solitary confinement. Expands written reporting distribution to include the county board of supervisors and BSCC. Related Legislation: SB 970 (Yee) 2014 would have established standards and protocols for the use of solitary confinement in state and local juvenile facilities, as specified, and would have made some changes to the composition and duties of local juvenile justice commissions. This bill was re-referred to the Senate Rules Committee without further action. SB 61 (Yee) 2013 was substantially similar to SB 970. This bill was referred to the inactive file on the Assembly Floor. SB 1363 (Yee) 2012 was substantially similar to SB 970. This bill failed passage in the Senate Committee on Public Safety. Staff Comments: The CDCR has indicated estimated costs at a minimum of $2.5 million annually for staffing, data collection, and training to implement the provisions of this bill that would be SB 124 (Leno) Page 5 of ? applied to the DJF population of less than 700 youth. The CDCR has also indicated the DJF could incur potential future costs of an unknown amount in such areas as increased injuries to youth, potential increased lengths of stay, increased injuries to staff/workers compensation claims, increased administrative resources for investigations, disciplinary processes, and report writing, increased litigation, increased use of force incidents, additional referrals to outside mental health hospitals, and extended oversight by the Farrell court and Special Master. Based on information from the BSCC juvenile detention population survey (2nd quarter, 2014), the average daily population is approximately 7,600 youth in juvenile halls, camps, and other facilities. It is estimated there are about 120 juvenile facilities located in 49 of the 58 counties across the state. To the extent county facilities incur additional workload and costs to meet the standards in the bill, notably the transportation, evaluation, and documentation requirements, costs to these facilities could be substantial, potentially in the millions of dollars statewide. Additionally, imposing these standards and documentation requirements on local facilities could create a state-reimbursable mandate. It is estimated the costs to effectuate the changes in membership to local juvenile justice commissions would be minor. However, is estimated that local juvenile justice commissions could potentially incur significant ongoing costs, potentially state-reimbursable, to expand the list of annual inspections of jails and lockup facilities to include any facility within the county used for confinement of a person (instead of minor) for more than 24 hours. Additional state-mandated costs to expand its review to records of solitary confinement newly required under the bill's provisions, as well as increased reporting requirements to the county board of supervisors, could also be incurred. This bill extends the duties of juvenile justice commissions to local probation commissions. To the extent probation commissions reduce the existing and new workload of juvenile justice commissions would serve to reduce in part the level of state-reimbursable costs to juvenile justice commissions noted above. To the extent the increase in probation commission workload qualifies as a reimbursable state mandate, local probation commissions could submit claims for reimbursement of SB 124 (Leno) Page 6 of ? those costs. To the extent the establishment of standards and protocols for the use of solitary confinement results in more limited use of youth isolation could lead to improved outcomes for youth, including a reduction in the adverse long-term mental health outcomes for youth subjected to such isolation. -- END --