BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        SB 124|
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                                   THIRD READING 


          Bill No:  SB 124
          Author:   Leno (D), et al.
          Amended:  6/1/15  
          Vote:     21  

           SENATE PUBLIC SAFETY COMMITTEE:  5-2, 4/7/15
           AYES:  Hancock, Leno, Liu, McGuire, Monning
           NOES:  Anderson, Stone

           SENATE APPROPRIATIONS COMMITTEE:  5-2, 5/28/15
           AYES:  Lara, Beall, Hill, Leyva, Mendoza
           NOES:  Bates, Nielsen

           SUBJECT:   Juveniles: solitary confinement


          SOURCE:    California Public Defenders Association 


          DIGEST:  This bill establishes standards and protocols for the  
          use of solitary confinement in state and local juvenile  
          facilities for the confinement of delinquent wards, as  
          specified, and makes changes to the composition and duties of  
          local juvenile justice commissions, as specified. 


          ANALYSIS:   


          Existing law:


            1)  Provides that when a minor is adjudged a ward of the court  








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              on the ground that he or she is delinquent, the court may  
              make any and all reasonable orders for the care,  
              supervision, custody, conduct, maintenance, and support of  
              the minor, including medical treatment, subject to further  
              order of the court, as specified.  (Welfare and Institutions  
              Code § 727(a).)


            2)  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.  
               (Welfare and Institutions Code § 210.)

            3)  Provides that in each county there shall be a juvenile  
              justice commission consisting of not less than seven and no  
              more than 15 citizens.  And, 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.  
              (Welfare and Institutions Code § 225.)

            4)  Provides that in lieu of county juvenile justice  
              commissions, the board of supervisors of two or more  
              adjacent counties may agree to establish a regional juvenile  
              justice commission consisting of not less than eight  
              citizens. (Welfare and Institutions Code § 226.)

            5)  Provides that it shall be 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. (Welfare and Institutions Code § 229.)

            6)  Provides that a juvenile justice commission shall annually  
              inspect any jail or  lockup within the county which in the  
              preceding calendar year was used for confinement for more  
              than 24 hours of any minor.  (Welfare and Institutions Code  
              § 229.)

            7)  Provides that a "juvenile justice commission may recommend  
              to any person charged with the administration of any of the  
              provisions of this chapter such changes as it has concluded,  
              after investigation, will be beneficial.  A commission may  
              publicize its recommendations." (Welfare and Institutions  







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              Code § 230.)

          This bill:

          1) Defines "solitary confinement" to mean "the placement of an  
             incarcerated person in a locked sleep 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."

          2) Provides that solitary confinement cannot be used for the  
             purposes of discipline, punishment, coercion, convenience, or  
             retaliation by staff.



          3) Provides that a person may be held in solitary confinement  
             if:



             a)    The person poses an immediate and substantial risk of  
                harm to the security of the facility;

             b)    The person poses an immediate and substantial risk of  
                harm to others that is not the result of a mental  
                disorder; or

             c)    The person poses a risk of harm to himself or herself  
                that is not the result of a mental disorder. 

          4) Provides that solitary confinement be used 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.  








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             b)    If a person who is released from solitary confinement  
                and is returned to regular or individualized programming  
                poses an immediate and substantial risk of harm to himself  
                or herself, or to others, he or she may be placed back  
                into solitary confinement only in accordance with the  
                protections and requirements of this bill, and that  
                confinement shall be treated as a new and separate use of  
                solitary confinement, as specified. 

             c)    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. 

          5) Requires each local and state juvenile facility document the  
             usage of each incident of solitary confinement, including all  
             of the following:

             a)    The name of the person subject to solitary confinement;

             b)    The date and time the person was placed in solitary  
                confinement;

             c)    The date and time the person was released from solitary  
                confinement;

             d)    The name and position of person authorizing the  
                placement of the person 
              in solitary confinement;

             e)    The names of staff involved in the incident leading to  
                the use of solitary confinement;

             f)    A description of circumstances leading to use of  
                solitary confinement;

             g)    A description of alternative actions and sanctions  
                attempted and found unsuccessful; and

             h)    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.








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          6) Subjects these records, without identifying information, to  
             public disclosure as specified. 

          7) Provides that its provisions are not intended to limit the  
             use of single-person rooms or cells for the housing of  
             persons in juvenile facilities. 

          8) Provides that its provisions do not apply to minors or wards  
             in court holding facilities or adult facilities.

          9) Provides that its provisions not be construed to conflict  
             with any law providing greater or additional protections to  
             minors or wards.

          10)Requires that two or more of the members of the juvenile  
             justice commission to be persons who are 14 to 21 years of  
             age, inclusive; two or more of the members to be parents or  
             guardians of previously incarcerated youth; one member shall  
             be a licensed psychiatrist, licensed psychologist, or  
             licensed clinical social worker with expertise in adolescent  
             development.

          11)Requires the regional juvenile justice commission to consist  
             of no less than ten members.

          12)Requires two or more of the members of a regional juvenile  
             justice commission to be 14 to 21 years of age, inclusive.   
             Two or more of the members shall be parents or guardians of  
             previously incarcerated youth. One member shall be a licensed  
             psychiatrist, licensed psychologist, or licensed clinical  
             social worker, with expertise in adolescent development. 

          13)Authorizes a juvenile justice commission to publicize its  
             recommendations on the county government's internet website  
             or other publicly accessible medium. 

          Background


          The provisions of this bill apply to the Division of Juvenile  
          Facilities (DJF).  Historically, the use of solitary confinement  
          in the Division of Juvenile Justice (DJJ) has posed significant  
          issues and concerns.  15 years ago, the Legislature investigated  
          a number of issues relating to conditions at what was then the  







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          California Youth Authority (CYA).  A former CYA ward testified  
          about his experience on "lock-down" at CYA in the early-to-mid  
          1990s:

            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.)  
          (http://spsf.senate.ca.gov/jointinformationalhearingonthecaliforn 
          ia youth authoritymay162000.)

          As part of comprehensive litigation involving conditions at DJF  
          which 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 (Nov. 19, 2004)  
          (http://www.prisonlaw .com /pdfs/farrellcd2.pdf.); Safety and  
          Welfare Remedial Plan: Implementing Reform in California (July  
          10, 2006) http://www. prisonlaw.com/pdfs/SafetyPlanFinal.pdf.)   
          In her most recent (and 30th) report in the Farrell case in  
          November of 2014, Special Master Nancy Campbell wrote in part: 

            There have been significant reductions in the reliance on  
            solitary confinement in DJJ since 2005.  The older and  
            discredited policy and practice of confining youth in a  
            lockup unit for 23 hours a day with minimal services is  
            gone.  In its place, the DJJ has developed a range of  
            options that constitute a short term limitation on the  
            program of youth who are in some kind of crisis and who  
            may be a danger to themselves or others.  These  
            alternatives include a very short term cool down period  
            in the youngster's room (or in a separate room) in those  
            few remaining dormitory units.  Another option for staff  
            is to utilize "room confinement" in which the youth stays  
            in their own room, usually for less than a day.  Youth  







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            needing more specialized attention are managed in the  
            Treatment Intervention Program (TIP) that is designed to  
            last only a few days. 

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes

          According to the Senate Appropriations Committee: 

           Annual costs to the California Department of Corrections and  
            Rehabilitation DJF of less than $2 million (General Fund)  
            annually for increased staffing, data collection, and training  
            on new regulations.  The provisions of this bill apply to the  
            DJF population of approximately 700 youth.

           Ongoing likely state-reimbursable local costs potentially in  
            the low millions of dollars (General Fund) statewide for over  
            100 local juvenile facilities with an average daily population  
            of approximately 7,600 youth, to meet the operational and  
            documentation mandates of this bill. 

           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 a minor.

          SUPPORT:  (Verified  5/28/15)

          A New Way of Life Reentry Project
          Alameda County Board of Supervisors
          Alliance of White Anti-Racists Everywhere - Los Angeles
          American Civil Liberties Union of California
          American Friends Service Committee
          Anti-Recidivism Coalition
          Bend the Arc Bay Area
          California Alliance for Youth and Community Justice
          California Attorneys for Criminal Justice
          California Catholic Conference of Bishops







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          California Civil Liberties Council
          California Coalition for Youth
          California Council of Churches IMPACT
          California Psychological Association
          California Teachers Association
          California Youth Empowerment Network
          Californians United for a Responsible Budget
          Center for Educational Excellence in Alternative Settings
          Center on Juvenile and Criminal Justice
          Children Now
          Children's Defense Fund - California
          Children's Law Center
          Citizens for Criminal Justice Reform
          Coalition for Engaged Education
          Communities United for Restorative Youth Justice
          Conference of California Bar Associations
          Congregation Rodef Sholom
          Dignity in Schools Campaign
          Drug Policy Alliance
          East Bay Children's Law Offices 
          Ella Baker Center for Human Rights
          Fair Chance Project
          Forward Together
          Free America
          Free Indeed Reentry Project
          Friends Committee on Legislation of California
          GSA Network
          Harvey Milk LGBT Democratic Club
          Human Rights Watch
          Inland Empire Immigrant Youth Coalition
          InnerCity Struggle
          Justice Not Jails
          Labor/Community Strategy Center's Community Rights Campaign
          Latino Coalition for a Healthy California
          Legal Services for Children
          Legal Services for Prisoners with Children
          Life After Uncivil Ruthless Acts
          Los Angeles County Board of Supervisors 
          Manifest Works
          Mental Health America of California
          Multifaith Voices for Peace and Justice
          NAMI-California 
          National Association of Black Social Workers
          National Association of Blacks in Criminal Justice







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          National Association of Social Workers-California Chapter
          National Center for Youth Law
          National Religious Campaign Against Torture
          Nollie Jenkins Family Center
          Office of Restorative Justice of the Archdiocese of Los Angeles
          Peace Over Violence
          Policy Link
          Prison Activist Resource Center
          Public Counsel
          Resurrection Catholic Community
          Sacred Harmony
          Social Justice Learning Institute
          Starting Over Inc.
          Temple Beth El, Aptos, California
          Temple Beth El, Riverside, California
          The Association of Black Psychologists
          Urban Peace Movement
          Violence Prevention Coalition of Greater Los Angeles
          W. Haywood Burns Institute
          W.I.N.T.E.R. Youth Build
          Wilks Law
          Youth Justice Coalition
          Youth Law Center
          Numerous Individuals


          OPPOSITION:   (Verified5/28/15)


          California Correctional Peace Officers Association
          Chief Probation Officers of California
          Fraternal Order of Police N. California Probation Lodge 19
          Kern County Probation Officers Association
          Monterey County Probation Association
          Probation Peace Officers Association of Contra Costa County
          Sacramento County Probation Association
          San Francisco Deputy Probation Officers' Association
          San Joaquin County Probation Officers Association
          Santa Clara County Probation Peace Officers' Union
          State Coalition of Probation Organizations
          Ventura County Professional Peace Officers' Association

          ARGUMENTS IN SUPPORT:     American Civil Liberties Union of  
          California states: 







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            SB 124 seeks to remedy deficiencies in law regarding the use  
            of solitary confinement in juvenile facilities.  This bill is  
            in keeping with efforts across the country to ban or limit the  
            use of solitary confinement, and to curb its overuse and  
            abuse. . .

            SB 124 follows efforts across the county and around the world  
            to curb the use of solitary confinement.  States like Alaska  
            and Oklahoma ban the use of juvenile solitary confinement for  
            punitive reasons.  New York City recently banned the use of  
            solitary confinement on people under the age of 21.  



          ARGUMENTS IN OPPOSITION:     California Correctional Peace  
          Officers Association states:


            We recognize that many parties believe that solitary  
            confinement was overused in the past within the Department of  
            the Youth Authority and the Division of Juvenile Facilities.   
            However those issues were addressed by the Farrell court and  
            subsequently by DJJ.  In our view, the DJJ has adopted a far  
            reaching set of policies governing the isolation of wards.   
            These policies are specifically designed to keep wards safe  
            and, when necessary, place a ward in a treatment program run  
            by staff who are trained in evidence based curriculum to  
            address the ward's violent or aggressive behavior ?
           
          Prepared by:Linda Tenerowicz / PUB. S. / 
          6/1/15 13:04:08


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