BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 124


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          Date of Hearing:  June 30, 2015


          Counsel:               Stella Choe








                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY


                                  Bill Quirk, Chair





          SB  
          124 (Leno) - As Amended June 1, 2015


                        As Proposed to be Amended in Commitee








          SUMMARY:  Establishes standards and protocols for the placement  
          of juvenile offenders in solitary confinement. Specifically,  
          this bill:  










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          1)Prohibits the use of solitary confinement on a person confined  
            in a juvenile facility who is an imminent danger to himself,  
            herself, or others as a result of a mental disorder or who is  
            gravely disabled.  

          2)Provides that a person confined in any secure state or local  
            juvenile facility, and who is not an imminent danger to  
            himself, herself, or others as a result of a mental disorder  
            or who is gravely disabled, shall be subject to solitary  
            confinement only if all of the following are true:



             a)   The person poses an immediate and substantial risk of  
               harm to the security of the facility, to himself or  
               herself, or to others that is not the result of a mental  
               disorder;

             b)   All other less-restrictive options to address the risk  
               have been attempted and exhausted;



             c)   The performance of solitary confinement is done in  
               accordance with the following principles:



               i)     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. The person shall be returned to  
                 regular programming or placed in individualized  
                 programming that does not involve solitary confinement;









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               ii)    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 others, he or she may be  
                 placed back into solitary confinement only under the  
                 standards and protocols in this bill;



               iii)   If a person in solitary confinement poses a risk of  
                 harm to himself or herself that is not the result of a  
                 mental disorder, the condition shall be monitored closely  
                 by custody staff of the juvenile facility; and,



               iv)    Consecutive periods of solitary confinement in  
                 excess of four hours shall be prohibited.



          3)Prohibits the use of solitary confinement for the purposes of  
            discipline, punishment, coercion, or retaliation by staff.

          4)Requires each local and state juvenile facility to document  
            the usage of solitary confinement for each incident when  
            solitary confinement is used, including all of the following:



             a)   The name, age, gender and race 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  








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               confinement;



             d)   The name and position of the 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.



          5)States that the records created as documentation of each  
            solitary confinement incident and voluntary time outs shall be  
            available for public inspection pursuant to the California  
            Public Records Act.

          6)Provides that if a state or local juvenile facility currently  
            documents the usage of solitary confinement consistent with  
            the requirement in this bill, then duplicative documentation  
            shall not be required.








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          7)Allows a person confined in a juvenile facility to request a  
            voluntary time out, as defined, for no longer than two hours.  
            During any voluntary time out, the person must participate in  
            all programming and meals.  The person may end his or her  
            voluntary time out at any point upon notifying a staff member.  
             Voluntary time outs must be documented and include the name  
            of the person requesting the time out, his or her signature,  
            when the voluntary time out began and when it ended.



          8)Clarifies that this bill's provisions are not intended to  
            limit the use of single-person rooms or cells for the housing  
            of persons in juvenile facilities.



          9)Defines the following terms:



             a)   "Juvenile facility" includes any of the following:

               i)     A juvenile hall;

               ii)    A juvenile camp or ranch;





               iii)   A facility of the Department of Corrections and  
                 Rehabilitation (CDCR), Division of Juvenile Facilities  
                 (DJJ);

               iv)    A regional youth educational facility;








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               v)     A youth correctional center; or,





               vi)    Any other local or state facility used for the  
                 confinement of minors or wards.



             b)   "Minor" means a person who is any of the following:

               i)     A person under 18 years of age;

               ii)    A person under the maximum age of juvenile court  
                 jurisdiction who is confined in a juvenile facility; or, 



               iii)   A person under the jurisdiction of CDCR, DJJ.



             c)   "Solitary confinement" means 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, unit movements, or protection against  
               communicable diseases.










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             d)   "Ward" means a person who has been declared a ward of  
               the court as provided.

             e)   "Voluntary time out" means a brief period of time in a  
               sleep room or cell at the written and signed request of the  
               person confined in a juvenile facility.



          10)Changes to the composition of local juvenile justice  
            commissions to require two or more of the members to be  
            parents or guardians of previously incarcerated youth and one  
            member to be a licensed psychiatrist, licensed psychologist,  
            or licensed clinical social worker with expertise in  
            adolescent development.

          11)Adds two members to the regional juvenile justice commissions  
            and requires two or more of the members to be parents or  
            guardians of previously incarcerated youth and one member to  
            be a licensed psychiatrist, licensed psychologist, or licensed  
            clinical social worker with expertise in adolescent  
            development.



          12)Requires a juvenile justice commission, as a part of its  
            inspection of jails, lock ups and facilities used for  
            confinement, to review records relating to the use of solitary  
            confinement, as defined.



          13)Requires a juvenile justice commission to report the results  
            of its inspection and its recommendations to the county board  
            of supervisors, in addition to the juvenile court and the  
            Board of State and Community Corrections.










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          14)States that the report shall be presented annually as part of  
            a regularly scheduled public meeting of the county board of  
            supervisors, and may be published on the county government's  
            Internet Web site.



          15)States the Legislative finding that 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, thus justifying  
            exemption of this information from disclosure under the  
            California Public Records Act.





          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. (Welf. & Inst. Code, §  
            202, subd. (a).)



          2)Provides that minors under the jurisdiction of the juvenile  
            court as a consequence of delinquent conduct shall, in  








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            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.  
            (Welf. & Inst. Code, § 202, subd. (b).)

          3)Authorizes minors under the age of 18 years to be adjudged to  
            be a ward of the court for violating any law of this state or  
            of the United States or any ordinance of any city or county of  
            this state defining crime, as specified.  (Welf. & Inst. Code,  
            § 602.)  



          4)Provides that when a minor is adjudged a ward of the court 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.  (Welf. & Inst. Code, § 727, subd. (a).)





          5)Existing law authorizes the court to place a ward of the court  
            in a juvenile hall, ranch, camp, forestry camp, secure  
            juvenile home, or the Division of Juvenile Facilities, as  
            specified.  (Welf. & Inst. Code, § 726.)

          6)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.  (Welf. &  
            Inst. Code, §210.)

          7)Provides that in each county there shall be a juvenile justice  
            commission consisting of not less than seven 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  








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            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.  (Welf. & Inst.  
            Code, § 225)



          8)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 8 citizens, two of whom to be between  
            14 and 21 years of age if available, and having a sufficient  
            number of members so that their appointment may be equally  
            apportioned between the participating counties.  (Welf. &  
            Inst. Code, § 226.)



          9)States 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. 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 once a year, and may hold hearings. A judge of the  
            juvenile court shall have the power to issue subpoenas  
            requiring attendance and testimony of witnesses and production  
            of papers at hearings of the commission.  A juvenile justice  
            commission shall 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 issue a written  
            report of the results of such inspection together with its  
            recommendations to the juvenile court and to the Board of  
            Corrections.  (Welf. & Inst. Code, § 229.)












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          FISCAL EFFECT:  Unknown.





          COMMENTS:  



          1)Author's Statement:  According to the author, "Solitary  
            confinement is an extremely harmful measure, widely condemned  
            as torture, but unfortunately it is one that continues to be  
            used in the California juvenile justice system under various  
            programmatic titles.  Solitary confinement has not been shown  
            to have any rehabilitative or treatment value, and the United  
            Nations has called upon all member countries to ban its use  
            completely on minors.  It is a practice that endangers mental  
            health and increases risk of suicide, and is often used as a  
            method to control a correctional environment, and not for any  
            rehabilitative purpose.   It does not properly address  
            disciplinary issues and more often, it increases these  
            behaviors in youth, especially those with mental health  
            conditions.   In 1999, the Office of Juvenile Justice and  
            Delinquency Prevention (OJJDP) released a study of juvenile  
            facilities across the country which found that 50% of youth  
            who committed suicide where in solitary confinement at the  
            time of their suicide.   Further, 62% of the suicide victims  
            had a history of isolation.   

            "SB 124 does not ban the use of solitary confinement  
            completely as many other jurisdictions in the world have done,  
            it merely limits the use of solitary to instances where there  
            is an actual threat to the safety of staff, other youth, or  
            the general security of the facility.  This bill sets a  
            reasonable statewide baseline to protect youth, and it is long  
            overdue.  California is now behind 20 other states in banning  
            punitive solitary confinement for youth, it is time that we  








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            create a statewide policy governing this practice in order to  
            provide a safer environment for youth and staff, better  
            rehabilitative outcomes for youth, and protection for our  
            counties against costly and damaging lawsuits stemming from  
            the overuse of solitary confinement."
             
          2)Background: According to the background materials provided by  
            the author, "Title 15 regulations fail to provide specific  
            guidelines around the use of solitary confinement, oftentimes  
            used interchangeably with terms like 'separation.'  Title 15  
            charges facility administrators to develop written policies  
            and procedures regarding the use of separation, but does not  
            provide additional guidance or limitations except that  
            'separated youth shall not be denied normal privileges at the  
            facility, except when necessary to accomplish the objectives  
            of separation.'  Some juvenile corrections officials have  
            denied that they use solitary confinement because the practice  
            of isolating youth from 21-23 hours a day, for weeks and  
            months at a time, exists under different definitions and  
            programmatic titles in California's juvenile facilities. 

           "The use of solitary confinement is clearly documented in both  
            state and local juvenile facilities.  Despite a longstanding  
            consent decree in effect since 2004, an internal CDCR audit  
            found continuing abuses in the Division of Juvenile Facilities  
            as late as 2011, including youth locked up in their cells for  
            more than 23 hours a day.   Additionally, in a recent 2014  
            report released by Barry Krisberg of the Warren Institute at  
            UC Berkeley, youth in the most restrictive current program at  
            DJJ known as the "Behavior Treatment Program," were required  
            to receive only 3 hours outside of their cell, and were  
            typically there for approximately 60 days.   Despite some  
            improvements in state conditions since the 2011 audit,  
            California cannot rely solely on a temporary consent decree,  
            and it is critical that statutory definitions and parameters  
            on the use of isolation be established going forward.  At the  
            local level, the abuse of solitary confinement has been  
            alarming.  A federal class-action lawsuit has been filed  
            against Contra Costa's juvenile hall for youth with  








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            disabilities who were placed in solitary confinement and  
            denied education as a punishment.  That case was recently  
            settled by the county, and the conditions of the settlement  
            are nearly identical to the provisions of SB 124, clearly  
            demonstrating that the parameters established in the bill can  
            be implemented at the county level. [Footnotes omitted.]"  

          3)Consent-Decree: Farrell v. Cate:  Historically, the use of  
            solitary confinement in DJJ, formerly the California Youth  
            Authority (CYA), has posed significant issues and concerns.   
            In 2003 two mental-health experts conducted a study and  
            reported on the CYA's programs and services. (See Eric Trubin  
            & Raymond Patterson, Report of Findings of Mental Health and  
            Substance Abuse Treatment Services to Youth in California  
            Youth Authority Facilities (Dec. 2003).) According to the  
            report, "[w]ards . . . spend vast amounts of time alone in  
            their cells, a practice that extends not just to those being  
            punished in lockup, but also to those on suicide watch.  
            Isolating individuals with mental-health issues can exacerbate  
            their problems. When wards do attempt suicide, their  
            punishment is often isolation and restriction to cells for  
            days at a time. Once isolated, these wards are monitored via  
            camera while sequestered in rooms that are often dirty and  
            sometimes contain fixtures that can be used to commit suicide.  
            In four facilities, the minimal medical attention provided  
            occurs while such wards are locked in cages. In one  
            particularly unsettling account at the Chaderjian facility, a  
            ward on suicide watch who had been diagnosed with severe  
            depression, schizophrenia, and a personality disorder only  
            received a five-minute visit with a psychiatrist each day."   
            (Benvenue, Turning Troubled Teens Into Career Criminals: Can  
            California Reform the System to Rehabilitate Its Youth  
            Offenders? 38 Golden Gate U. L. Rev. (2007) pp. 48-49.) 
            
            As part of comprehensive litigation involving conditions at  
            CYA that commenced in 2003, Farrell v. Cate, CYA, now DJJ, is  
            required to adopt reformed methods for dealing with  
            containment or isolation of wards. (See Consent Decree,  
            Farrell v. Allen (Super. Ct. Alameda County, 2004, No. RG  








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            03079344) <  http://www.prisonlaw.com/pdfs/farrellcd2.pdf  >;  
            Defendant's Notice of Filing DJJ's Safety and Welfare Remedial  
            Plan, Farrell v. Hickman (Super. Ct. Alameda County, 2006, No.  
            RG 03079344)  
            <  http://www.prisonlaw.com/pdfs/SafetyPlanFinal.pdf  >.)  

            The consent decree requires the DJJ to provide wards with  
            adequate and effective care, treatment and rehabilitation  
            services, including reducing violence and the use of force,  
            improving medical and mental health care, reducing the use of  
            lock-ups and providing better education programs.  The  
            on-going case is overseen by a Special Master who issues  
            quarterly reports. The most recent report, dated March 2015,  
            is promising, showing that DJJ is making significant progress  
            in reducing lengthy lock-ups of juveniles. 

            This bill would enact minimum standards and protocol statewide  
            for the use of solitary confinement of juveniles which would  
            provide additional protections once the consent decree is  
            lifted.
            
          4)Regulations Pertaining to Juvenile Detention Facilities: The  
            California Code of Regulations Title 15, Minimum Standards for  
            Juvenile Facilities, provides guidelines on the isolation or  
            separation of juveniles from the general population.  
            "Separation" is defined in the regulations as limiting a  
            youth's participation in regular programming for a specific  
            purpose.

            Section 1354 of Title 15 requires the facility administrator  
            to develop and implement written policies and procedures  
            addressing the separation of youth for reasons that include,  
            but are not be limited to, medical and mental health  
            conditions, assaultive behavior, disciplinary consequences and  
            protective custody.  This section prohibits the denial of  
            normal privileges available at the facility, except when  
            necessary to accomplish the objective of separation. The  
            policies and procedures shall ensure a daily review of  
            separated youth to determine if separation remains necessary.








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            Section 1359 of Title 15 requires the facility administrator,  
            in cooperation with the responsible physician, to develop and  
            implement written policies and procedures governing the use of  
            "safety rooms." The section provides that the safety room  
            shall be used to hold only those youth who present an  
            immediate danger to themselves or others, who exhibit behavior  
            which results in the destruction of property, or reveals the  
            intent to cause self-inflicted physical harm. A safety room  
            shall not be used for punishment or discipline, or as a  
            substitute for treatment. This section specifies that the  
            policies and procedures shall:

            (a) Include provisions for administration of necessary  
            nutrition and fluids, access to a toilet, and suitable  
            clothing to provide for privacy; 

            (b) Provide for approval of the facility manager, or designee,  
            before a youth is placed into a safety room; 

            (c) Provide for continuous direct visual supervision and  
            documentation of the youth's behavior and any staff  
            interventions every 15 minutes, with actual time recorded; 

            (d) Provide that the youth shall be evaluated by the facility  
            manager, or designee, every four hours; 

            (e) Provide for immediate medical assessment, where  
            appropriate, or an assessment at the next daily sick call; 

            (f) Provide that a youth shall be medically cleared for  
            continued retention every 24 hours; 

            (g) Provide that a mental health opinion is secured within 24  
            hours; and, 

            (h) Provide a process for documenting the reason for  
            placement, including attempts to use less restrictive means of  
            control, and decisions to continue and end placement.








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            Section 1390 provides, when separating the youth for  
            disciplinary reasons, discipline shall be imposed at the least  
            restrictive level which promotes the desired behavior and  
            shall not include corporal punishment, group punishment,  
            physical or psychological degradation.  

            While the regulations provide some guidance on the use of  
            solitary confinement on juveniles, there is no specified limit  
            on how long a juvenile may be placed in isolation. This bill  
            provides that juveniles may be placed in solitary confinement  
            for four hours at a time as long as certain procedures and  
            policies are met.
            
          5)Contra Costa County Juvenile Hall Law Suit: Recently, Contra  
            Costa County settled a pending lawsuit concerning its use of  
            solitary confinement on juveniles.  The lawsuit accused the  
            county's Probation Department, which oversees the juvenile  
            hall, of holding youth with disabilities in solitary  
            confinement for weeks or months at a time, depriving them of  
            education and allowing them to deteriorate mentally. (Lee,  
            Contra Costa ending solitary confinement at juvenile hall, SF  
            Gate (May 19, 2014).)

          According to the settlement documents, Probation will adopt  
            standards which include prohibiting the use room confinement  
            for discipline, punishment, or retaliation, and developing  
            individualized programming for individuals with persistent  
            behavior problems that threaten the safety of the youth or  
            staff or the security of the facility. The settlement provides  
            that a juvenile may be segregated in his or her room for no  
            more than four hours and only if the juvenile's behavior  
            threatens immediate harm to themselves or others. After the  
            four hours, the juvenile must be removed from confinement and  
            the staff must develop specialized individualized programming  
            for the individual in coordination with the office of  
            education, or assess whether the youth should be transported  
            to a mental health facility. (Romney, Contra Costa County to  
            End Solitary Confinement for Juveniles, Los Angeles Times (May  








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            19, 2014).)

            Similar to the settlement terms reached in the Contra Costa  
            County case, this bill generally provides that solitary  
            confinement shall not be used on juveniles unless the juvenile  
            poses an immediate and substantial risk of harm to the  
            security of the facility, to himself or herself, or to others  
            that is not the result of a mental disorder.  This bill  
            provides that the person may be held in solitary confinement  
            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. The period of time that  
            the person is in solitary confinement shall not exceed four  
            hours, and at release the person must be returned to regular  
            programming or placed in individualized programming.

            Due to concerns by the opposition that four hours may be  
            insufficient in some cases to deal with a person who continues  
            to pose a threat to others, the author amended this bill to  
            allow a juvenile to be placed back into solitary confinement  
            if the staff determines that the person poses an immediate and  
            substantial risk of harm to himself or others.   

          6)Proposed Amendments to be Adopted in Committee: This bill will  
            be heard as proposed to be amended.  The amendments clarify  
            that the bill's provisions to allow for the separation of a  
            juvenile for medical conditions and to allow a juvenile to ask  
            for a "voluntary time out" with specified limitations. 

          7)Argument in Support:  According to the Children's Defense Fund  
            - California, a co-sponsor of this bill, "For over a decade,  
            Los Angeles County has been plagued by litigation and a  
            recently concluded Department of Justice oversight for abuse  
            and problems inside its juvenile facilities.  This has cost  
            the county millions of dollars in legal fees and reform  
            efforts.  Throughout California, we have faced continuous  
            litigation due to the unchecked use of solitary confinement:  
            the 2004 Division of Juvenile Facilities consent decree  
            ('Farrell lawsuit'); the 2008 San Joaquin County lawsuit where  








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            youth were in their cells 23 hours or more a day for as much  
            as months on end; the 2009 Sacramento County consent decree  
            for a serious of abuses including the illegal use of extreme  
            isolation; the 2014 San Diego County suicide while in  
            isolation lawsuit; and most recently, a federal class action  
            lawsuit in Contra Costa County which ended in a settlement  
            agreement to curb the widespread practice of solitary on youth  
            with disabilities.

          "SB 124, if enacted, would create a uniform definition of  
            solitary confinement consistent with national best practices  
            and limit the use of solitary confinement to 4 hours.  It  
            would also create a uniform practice of documenting its use.
            
            "Already, states have enacted far-reaching measures to curb  
            the use of solitary confinement. Several states, including  
            Connecticut, Arizona, Maine, Oklahoma, West Virginia,  
            Missouri, Alaska, New York and Texas, have outright prohibited  
            solitary confinement for juveniles. In 2011, Colorado passed  
            legislation limiting the use of isolation for its adult  
            prisoners and required mental health assessments immediately  
            prior to placement in solitary confinement, resulting in more  
            than $25 million in annual savings.  In 2012, Mississippi  
            finalized a consent decree to prohibit minors tried as adults  
            from being placed in solitary confinement.  The time has come  
            to limit the use of solitary confinement for juveniles in  
            California."

          8)Argument in Opposition:  According to the Chief Probation  
            Officers of California, "While we appreciate the amendments  
            taken to this point, they do not go far enough in ensuring  
            that the Chiefs will have the necessary tools available to  
            them to discharge their duty and mission of protecting all the  
            wards in their care.  The bill fails to take into account a  
            myriad of issues that are present in a facility on any given  
            day that require probation to take action.  Fundamentally, in  
            some situations the provisions of this bill are either  
            impossible to implement or implementation may cause harm to  
            the very youth this bill is designed to protect. Chiefs stand  








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            behind ensuring best practices are put in place to operate our  
            facilities in the safest manner for all those detained.
            
            "Ultimately, the broad definition that remains in the bill  
            does not take into account all the types of situations we face  
            daily.  Placing a definition in statute instead of relying on  
            a regulatory scheme that can account for a variety of  
            circumstances creates operational hurdles that significantly  
            limits probations ability to put into place best practices in  
            response to the specific situation presented.  For example,  
            the definition does not account for cases in which the minor  
            requests the time in their room alone or minors who are sick  
            and prefer to rest in their room during the day.  Further,  
            there are instances where two youth get into a fight that  
            results in both persons being a danger to themselves and  
            others and, under the provisions of the bill as currently  
            written, we are prohibited from temporarily confining one of  
            the wards if they should have a mental health disorder, yet  
            can do so with the other ward."

          9)Prior Legislation:  

             a)   SB 61 (Yee), of the 2013-2014 Legislative Session, would  
               have established standards and protocols for the use of  
               solitary confinement of minors and wards in state and local  
               juvenile facilities.  SB 61 was ordered to the inactive  
               file.

             b)   SB 970 (Yee), of the 2013-2014 Legislative Session,  
               would have generally prohibited a minor or ward who is  
               detained in, or sentenced to, any juvenile facility or  
               other secure state or local facility from being 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, and only in  
               accordance with specified guidelines.  SB 970 was never  
               heard.









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             c)   SB 1363 (Yee), of the 2011-12 Legislative Session, would  
               have established standards and protocols for the use of  
               solitary confinement in state and local juvenile facilities  
               for the confinement of delinquent minors.  SB 1363 failed  
               passage in the Senate Committee on Public Safety.



          REGISTERED SUPPORT / OPPOSITION:





          Support


          


          California Public Defenders Association (Sponsor) 


          Ella Baker Center for Human Rights (Sponsor)
          Children's Defense Fund - California (Co-Sponsor)


          Youth Justice Coalition (Co-Sponsor)


          A New Way of Life Reentry Project


          Alameda County Board of Supervisors


          American Civil Liberties Union of California










                                                                     SB 124


                                                                    Page  21





          American Friends Service Committee


          Anti-Recidivism Coalition


          Asian Americans Advancing Justice - Sacramento 


          Aspiranet


          Association of Black Psychologists


          AWARE-LA


          Bend of the Arc: a Jewish Partnership for Justice


          California Alliance for Youth and Community Justice


          California Attorneys for Criminal Justice


          California Catholic Conference of Bishops


          California Civil Liberties Union


          California Coalition for Youth


          California Council of Churches Impact










                                                                     SB 124


                                                                    Page  22





          California Immigrant Policy Center


          California Psychological Association


          California State University Northridge Social Worker Society
          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 Law Center of California


          Citizens for Criminal Justice Reform - California 


          Coalition for Engaged Education


          Communities United for Restorative Justice


          Community Asset Development Redefining Education
          Conference of California Bar Associations








                                                                     SB 124


                                                                    Page  23







          Congregation Rodef Sholom


          Dignity in Schools


          Drug Policy Alliance


          East Bay Children's Law Offices


          Equality California


          Fair Chance Project


          Forward Together


          Free Indeed Reentry Project, Inc.


          Friends Committee on Legislation of California


          Gay-Straight Alliance Network of California


          Human Rights Watch


          Inland Empire Immigrant Youth Coalition


          InnerCity Struggle








                                                                     SB 124


                                                                    Page  24







          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 Community Action Network


          Los Angeles County Board of Supervisors


          Los Angeles Unified School District
          Manifest Works


          Mental Health America of California


          MutliFaith Voices for Peace and Justice


          National Alliance on Mental Illness California










                                                                     SB 124


                                                                    Page  25





          National Association of Black Social Workers, Inc.


          National Association of Blacks in Criminal Justice


          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


          Prisoner Hunger Strike Solidarity Coalition 


          Public Counsel


          Resurrection Catholic Community










                                                                     SB 124


                                                                    Page  26





          Riverside Temple Beth El


          Sacred Harmony


          San Francisco Counsel for Families and Children


          Social Justice Learning Institute 


          Starting Over Inc.


          Temple Beth El


          The Children's Initiative


          University of California, Berkeley, the Underground Scholars  
          Initiative


          Urban Peace Movement
          Violence Prevention Coalition


          W. Haywood Burns Institute


          Wilks Law


          Women in Non Traditional Employment Roles, YouthBuild


          Youth Law Center








                                                                     SB 124


                                                                    Page  27





          #FREEAMERICA





          172 private individuals





          Opposition


          


          California Correctional Peace Officers Association


          Chief Probation Officers of California


          Fraternal Order of Police, N. California Probation Lodge 19


          Kern County Probation Officers Association
          L.A. County Probation Officers Union


          Monterey County Probation Association


          Probation Peace Officers Association Contra Costa


          Riverside Sheriffs' Association









                                                                     SB 124


                                                                    Page  28






          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





          Analysis Prepared by:Stella Choe / PUB. S. / (916)  
          319-3744