BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1143| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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: SB 1143 Page 2 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.) SB 1143 Page 3 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 SB 1143 Page 4 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. SB 1143 Page 5 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 SB 1143 Page 6 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. SB 1143 Page 7 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 SB 1143 Page 8 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 SB 1143 Page 9 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 SB 1143 Page 10 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." SB 1143 Page 11 Prepared by:Alison Anderson / PUB. S. / 5/31/16 22:08:45 **** END ****