SB 1143, as amended, Leno. Juveniles: room confinement.
Existing law permits minors who are detained in juvenile hall for habitual disobedience, truancy, or curfew violation to be held in the same facility as minors who are detained for violating any law or ordinance defining a crime, if they do not come or remain in contact with each other. Existing law also permits the detention of minors in jails and other secure facilities for the confinement of adults if the minors do not come or remain in contact with confined adults and other specified conditions are met.
Existing law, the Lanterman-Petris-Short Act, authorizes the involuntary detention for a period of 72 hours for the evaluation of a person, including a minor, who is dangerous to himself or herself or others, or gravely disabled, as defined.
This bill would, commencing January 1, 2018, place
restrictions on the use of room confinement of minors or wards who are confined in a juvenile facility, as specified. The bill would require thebegin delete performance ofend deletebegin insert placement of a minor or ward inend insert room confinement to be conducted in accordance with specified guidelines. By increasing the duties of local entities in connection with local juvenile facilities, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 208.3 is added to the Welfare and
2Institutions Code, to read:
(a) For purposes of this section, the following
4definitions shall apply:
5(1) “Juvenile facility” includes any of the following:
6(A) A juvenile hall, as described in Section 850.
7(B) A juvenile camp or ranch, as described in Article 24
8(commencing with Section 880).
9(C) A facility of the Department of Corrections and
10Rehabilitation, Division of Juvenile Facilities.
11(D) A regional youth educational facility, as described in Section
12894.
13(E) A youth correctional center, as described in Article 9
14(commencing with Section 1850) of Chapter 1 of Division 2.5.
15(F) A juvenile regional facility as described in Section 5695.
16(G) Any other local or state facility used for the confinement
17of minors or wards.
18(2) “Minor” means a person who is any of the following:
19(A) A person under 18 years of age.
20(B) A person under the maximum age of juvenile court
21jurisdiction who is confined in a juvenile facility.
22(C) A person under the
jurisdiction of the Department of
23Corrections and Rehabilitation, Division of Juvenile Facilities.
24(3) “Room confinement” means the placement of a minor or
25ward in a locked sleeping room or cell with minimal or no contact
P3 1with persons other than correctional facility staff and attorneys.
2Room confinement does not include confinement of a minor or
3ward in a single-person room or cell for brief periods of locked
4room confinement necessary for required institutional operations.
5(4) “Ward” means a person who has been declared a ward of
6the court pursuant to subdivision (a) of Section 602.
7(b) The placement of a minor or ward in room confinement shall
8be accomplished in accordance with the following guidelines:
9(1) Room confinement shall not be used before other less
10restrictive options have been attempted and exhausted, unless
11attempting those options poses a threat to the safety or security of
12any minor, ward, or staff.
13(2) Room confinement shall not be used for the purposes of
14punishment, coercion, convenience, or retaliation by staff.
15(3) Room confinement shall not be used to the extent that it
16compromises the mental and physical health of the minor or ward.
17(c) A minor or ward may be held up to four hours in room
18confinement. After the minor or ward has been held in room
19confinement for a period of four hours, staff shall do one or more
20of the following:
21(1) Return the minor or ward to general population.
22(2) Consult with mental health or medical staff.
23(3) Develop an individualized plan that includes the goals and
24objectives to be met in order to reintegrate the minor or ward to
25general population.
26(d) If room confinement must be extended beyond four hours,
27staff shall do the following:
28(1) Document the reason for room confinement and the basis
29for the extension, the date and time the minor or ward was first
30placed in room confinement, and when he or she is eventually
31released from room confinement.
32(2) Develop an individualized plan that includes the goals and
33objectives to be met in order to reintegrate the minor or ward to
34general population.
35(3) Obtain documented authorization by the facility
36superintendent or his or her designee every four hours thereafter.
37(e) This section is not intended to limit the use of single-person
38rooms or cells for the housing of minors or wards in juvenile
39facilities and does not apply to normal sleeping hours.
P4 1(f) This section does not apply to minors or wards in court
2holding facilities or adult facilities.
3(g) Nothing in this section shall be construed to conflict with
4any law providing greater or
additional protections to minors or
5wards.
6
(h) This section does not apply during an extraordinary,
7emergency circumstance that requires a significant departure from
8normal institutional operations, including a natural disaster or
9facility-wide threat that poses an imminent and substantial risk of
10harm to multiple staff, minors, or wards. This exception shall apply
11for the shortest amount of time needed to address the imminent
12and substantial risk of harm.
13
(i) This section does not apply when a minor or ward is placed
14in a locked cell or sleep room to treat and protect against the
15spread of a communicable disease for the shortest amount of time
16required to reduce the risk of infection, with the written approval
17of a licensed physician or nurse practitioner, when the minor or
18ward is not required to be in an infirmary for an illness.
19Additionally, this section does
not apply when a minor or ward is
20placed in a locked cell or sleep room for required extended care
21after medical treatment with the written approval of a licensed
22physician or nurse practitioner, when the minor or ward is not
23required to be in an infirmary for illness.
24(h)
end delete25begin insert(j)end insert This section shall become operative on January 1, 2018.
If the Commission on State Mandates determines that
27this act contains costs mandated by the state, reimbursement to
28local agencies and school districts for those costs shall be made
29pursuant to Part 7 (commencing with Section 17500) of Division
304 of Title 2 of the Government Code.
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