BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 124  


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          Date of Hearing:   August 19, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          SB 124  
          (Leno) - As Amended August 17, 2015


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          Yes


          SUMMARY:


          This bill 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, or for the purposes of discipline,  
            punishment, coercion, or retaliation by staff.  

          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, which 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 specified principles.



          3)Requires every juvenile facility to document specific  
            information regarding each use of solitary confinement, and  
            this information is to be available pursuant to the California  
            Public Records Act.









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          4)Allows a person confined in a juvenile facility to request a  
            revocable voluntary time out, as defined, for no longer than  
            two hours in a 24 hour period. During any voluntary time out,  
            the person may participate in all programming and meals.  


          5)Changes the composition of local juvenile justice commissions  
            and requires commissions to review records relating to the use  
            of solitary confinement as part of their review of detention  
            facilities and submit specified reports with appropriate  
            recommendations.


          FISCAL EFFECT:


          1)Significant cost in the range of $2.7 million (GF) to the  
            Division of Juvenile Justice (DJJ),  California Department of  
            Correction and Rehabilitation (CDCR), the first year, and $2.3  
            million (GF) every year thereafter.  The first year costs  
            includes $340,000 for training, in addition to the ongoing  
            cost $2.2 million for 17.5 positions and $100,000 for higher  
            level of service for endangered youth (at an average of three  
            youth per month and three days per youth) that will need to be  
            escorted 16 hours per day.


          2)Significant reimbursable state mandated costs to local  
            juvenile facilities, likely in the millions of dollars (GF).


          3)Proponents indicate that current practice has resulted in  
            significant court settlements, and therefore, this bill will  
            result in significant savings.  It is possible that  
            statewide-specific standards and protocols could reduce  
            litigation costs.










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          COMMENTS:


          1)Purpose.  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."


            "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."  


          2)Background.  Current law 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.   
            Current 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.  

            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.  While the regulations provide some guidance on the  
            use of solitary confinement on juveniles, there is no  








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            specified limit on how long a juvenile may be placed in  
            isolation. 

            The issue of solitary confinement has been an issue in the  
            past and has resulted in litigation against the California  
            Youth Authority (now DJJ) and various counties.  A specific  
            Consent-Decree (Farrell v. Cate) imposed specific guidelines  
            on DJJ.  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 ongoing  
            case is overseen by a Special Master who issues quarterly  
            reports. The most recent report, dated March 2015, is showing  
            that DJJ is making significant progress in reducing lengthy  
            lock-ups of juveniles. However, the provision, of in the  
            Consent-Decree do not apply to local juvenile facilities

            SB 124 applies to all juvenile facilities and provides that  
            juveniles may be placed in solitary confinement for four hours  
            at a time as long as certain procedures and policies are met.   
            Effectively, SB 124 enacts minimum standards and protocols  
            statewide for the use of solitary confinement of juveniles,  
            which will provide additional protections once the consent  
            decree is lifted.
            
          3)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.  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."

          4)Argument in Opposition:  According to the Chief Probation  








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            Officers of California, "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  
            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  
            limit probation's ability to put into place best practices in  
            response to the specific situation presented."

          Analysis Prepared by:Pedro R. Reyes / APPR. / (916)  
          319-2081