BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1143|
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THIRD READING
Bill No: SB 1143
Author: Leno (D), et al.
Amended: 5/31/16
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/19/16
AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: 6-1, 5/27/16
AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza
NOES: Nielsen
SUBJECT: Juveniles: room confinement
SOURCE: Chief Probation Officers of California
Ella Baker Center for Human Rights
DIGEST: This bill establishes statutory guidelines and
restrictions, to become operative on January 1, 2018, for
confining a minor or ward in a juvenile facility in a locked
sleeping room or cell with minimal or no contact with persons
other than correctional facility staff and attorneys, as
specified.
ANALYSIS:
Existing law:
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1)Provides generally that the purpose of the juvenile court law
"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. If removal of a minor is
determined by the juvenile court to be necessary,
reunification of the minor with his or her family shall be a
primary objective. If the minor is removed from his or her own
family, it is the purpose of this chapter to secure for the
minor custody, care, and discipline as nearly as possible
equivalent to that which should have been given by his or her
parents . . . ` . . . Minors under the jurisdiction of the
juvenile court who are in need of protective services shall
receive care, treatment, and guidance consistent with their
best interest and the best interest of the public. Minors
under the jurisdiction of the juvenile court as a consequence
of delinquent conduct shall, in 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 . . ." (Welfare and
Institutions Code (WIC) § 202.)
2)Provides that minors under the age of 18 years may 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. (WIC § 602.)
3)Generally 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. (WIC § 727(a).)
4)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.
(WIC§ 726.)
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5)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." (WIC § 210.)
6)Requires the BSCC to "adopt and prescribe the minimum
standards of construction, operation, programs of education
and training, and qualifications of personnel for juvenile
ranches, camps, or forestry camps . . ." (WIC § 885.)
This bill:
1)Enacts a new statute regulating the conditions for "room
confinement" for minors in juvenile facilities, as specified.
2)Provides that its provisions shall become operative on January
1, 2018.
3)Applies the following definitions to its provisions:
a) "Juvenile facility" includes a juvenile hall, a
juvenile camp or ranch, a facility of the Department of
Corrections and Rehabilitation, Division of Juvenile
Facilities, a regional youth educational facility, a youth
correctional center, a juvenile regional facility, and any
other local or state facility used for the confinement of
minors or wards.
b) "Minor" means a person under 18 years of age, a person
under the maximum age of juvenile court jurisdiction who is
confined in a juvenile facility, or a person under the
jurisdiction of the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities.
c) "'Room confinement' means the placement of a minor or
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ward in a locked sleeping room or cell with minimal or no
contact with persons other than correctional facility staff
and attorneys. Room confinement does not include
confinement of a minor or ward in a single-person room or
cell for brief periods of locked room confinement necessary
for required institutional operations."
d) "Ward" means a person who has been declared a ward of
the court pursuant to subdivision (a) of Section 602.
4)Requires that the placement of a minor or ward in room
confinement be accomplished in accordance with the following
guidelines:
a) Room confinement shall not be used before all other
less-restrictive options have been attempted and exhausted,
unless attempting those options poses a threat to the
safety or security of any minor, ward, or staff.
b) Room confinement shall not be used for the purposes of
punishment, coercion, convenience, or retaliation by staff.
c) Room confinement shall not be used to the extent that it
compromises the mental and physical health of the minor or
ward.
1)Allows a minor to be held up to four hours in room
confinement.
2)Requires that after the minor or ward has been held in room
confinement for a period of four hours, staff shall do one or
more of the following:
a) Return the minor or ward to general population.
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b) Consult with mental health or medical staff.
c) Develop an individualized plan that includes the goals
and objectives to be met in order to reintegrate the minor
or ward to general population.
1)Requires that if room confinement must be extended beyond four
hours, staff shall do the following:
a) Document the reason for room confinement and the basis
for the extension, the date and time the minor or ward was
first placed in room confinement, and when he or she is
eventually released from room confinement.
b) Develop an individualized plan that includes the goals
and objectives to be met in order to reintegrate the minor
or ward to general population.
c) Obtain documented authorization by the facility
superintendent or his or her designee every four hours
thereafter.
1)States that these provisions are "not intended to limit the
use of single-person rooms or cells for the housing of minors
or wards in juvenile facilities and does not apply to normal
sleeping hours."
2)States that its provisions do "not apply to minors or wards in
court holding facilities or adult facilities."
3)States that nothing in its provisions "shall be construed to
conflict with any law providing greater or additional
protections to minors or wards."
Background
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This bill establishes statutory guidelines and limits for
confining a minor or ward in a juvenile facility in a locked
sleeping room or cell with minimal or no contact with people
other than staff and attorneys. This bill specifies that this
kind of confinement shall be used only as a last resort, and not
be used for punishment, coercion, convenience or retaliation by
staff, or if it compromises the mental and physical health of
the minor or ward. This bill requires specified measures where
a minor or ward has been confined for four hours, and where
continuing room confinement beyond four hours is necessary.
This bill's provisions do not become operational until January
1, 2018.
Confining minors in detention facilities to locked rooms or
cells is an issue the policy committee has considered on several
occasions in the past. Many commentators have written about the
adverse effects of "solitary confinement" on both minors and
adults in custodial facilities.
Current statute requires the BSCC to promulgate regulations
establishing minimum standards in juvenile halls. Current
regulations pertaining to the segregation of confined minors
provide:
The facility administrator shall develop written policies
and procedures concerning the need to segregate minors.
Minors who are segregated shall not be denied normal
privileges available at the facility, except when
necessary to accomplish the objectives of segregation.
Written procedures shall be developed which provide a
review of all minors to determine whether it is
appropriate for them to remain in segregation and for
direct visual observation. When segregation is for the
purpose of discipline, Title 15, Section 1390 shall apply.
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Current regulations further provide:
The facility administrator shall develop written policies
and procedures for the discipline of minors that shall
promote acceptable behavior. Discipline shall be imposed
at the least restrictive level which promotes the desired
behavior. Discipline shall not include corporal
punishment, group punishment, physical or psychological
degradation or deprivation of the following:
(a) bed and bedding;
(b) daily shower, access to drinking fountain, toilet and
personal hygiene items, and clean clothing;
(c) full nutrition;
(d) contact with parent or attorney;
(e) exercise;
(f) medical services and counseling;
(g) religious services;
(h) clean and sanitary living conditions;
(i) the right to send and receive mail; and,
(j) education.
The facility administrator shall establish rules of
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conduct and disciplinary penalties to guide the conduct of
minors. Such rules and penalties shall include both major
violations and minor violations, be stated simply and
affirmatively, and be made available to all minors.
Provision shall be made to provide the information to
minors who are impaired, illiterate or do not speak
English.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Senate Appropriations Committee:
CDCR Division of Juvenile Justice (DJJ): Annual costs to
the CDCR DJJ of approximately $650,000 (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.
Local juvenile facilities: Potentially significant
ongoing local costs, potentially state-reimbursable
(General Fund) 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.
SUPPORT: (Verified5/31/16)
Chief Probation Officers of California (co-source)
Ella Baker Center for Human Rights (co-source)
Alliance for Boys and Men of Color
American Civil Liberties Union of California
American Friends Service Committee
California Attorneys for Criminal Justice
California Catholic Conference
California Coalition for Youth
California Prison Focus
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Center on Juvenile and Criminal Justice
Children Now
Children's Defense Fund - California
Children's Law and Policy
Community Works
Communities United for Restorative Youth Justice
Courage Campaign
Equality California
First Congregational Church of Palo Alto
GSA Network of California
Human Rights Watch
Immigrant Legal Resource Center
Jewish Community High School
Justice Not Jails
Justice Now
Law Foundation of Silicon Valley
Legal Services for Prisoners with Children
National Center for Youth Law
National Juvenile Justice Network
National Religious Campaign Against Torture
Occidental Hillel
Pacific Juvenile Defender Center
Peace United Church of Christ, Santa Cruz
Resource Development Associates
Temple Beth El Jewish Community Center
T'ruah: The Rabbinic Call for Human Rights
Santa Cruz-Statewide Coordinated Actions To End Solitary
Confinement
Women's Foundation of California;
W. Haywood Burns Institute
Youth Law Center
Several individuals
OPPOSITION: (Verified 5/31/16)
None received
ARGUMENTS IN SUPPORT: The author states in part:
"This bill seeks to limit the use of room confinement in
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California's juvenile facilities by providing a standard
definition and specific guidelines around its use. The bill
requires juvenile facilities to attempt and exhaust less
restrictive options before using room confinement. Room
confinement cannot be used to the extent it compromises the
mental or physical health of the youth and it cannot be used for
the purposes of punishment, retaliation, coercion or convenience
by staff. Room confinement lasting beyond four hours requires a
sign off by the facility superintendent and every four hours
thereafter, documentation, and an individualized plan to
reintegrate the youth back into general population.
" . . . The use of long-term isolation 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, the consent decree has
since been lifted earlier this year, and it is critical that
statutory definitions and parameters on the use of room
confinement that is consistent for all juvenile facilities be
established going forward. At the local level, there are even
fewer guidelines and limitations. A federal class-action
lawsuit filed against Contra Costa's juvenile hall for youth
with disabilities who were placed in long term isolation and
denied education as a punishment was recently settled by the
county, and the conditions of the settlement are nearly
identical to SB 1143, clearly demonstrating that the parameters
established in the bill can be implemented at the county level.
There simply must be a statewide standard defining room
confinement, and limiting its duration so that youth are in the
classroom and other rehabilitative programming. This bill will
lead to better rehabilitative outcomes for youth, a safer
correctional environment for staff and youth, and the avoidance
of costly lawsuits."
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Prepared by:Alison Anderson / PUB. S. /
5/31/16 22:08:45
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