BILL ANALYSIS Ó SB 124 Page 1 Date of Hearing: August 19, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair SB 124 (Leno) - As Amended August 17, 2015 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|5 - 2 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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: SB 124 Page 2 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. SB 124 Page 3 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. SB 124 Page 4 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 SB 124 Page 5 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 SB 124 Page 6 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