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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