BILL ANALYSIS Ó
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Date of Hearing: June 28, 2016
Counsel: Stella Choe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
SB
1143 (Leno) - As Amended May 31, 2016
SUMMARY: Provides guidelines for the use of room confinement,
as defined, in juvenile detention facilities. Specifically,
this bill:
1)Requires, starting January 1, 2018, the placement of a minor
or ward in room confinement to be accomplished in accordance
with the following guidelines:
a) Room confinement shall not be used before other less
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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.
2)Provides that a minor or ward may be held up to four hours in
room confinement. 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;
b) Consult with mental health or medical staff; or,
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.
3)States 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;
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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; and,
c) Obtain documented authorization by the facility
superintendent or his or her designee every four hours
thereafter.
4)Clarifies that the provisions in this bill 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.
5)States that the provisions in this bill do not apply to minors
or wards in court holding facilities or adult facilities.
6)Provides that nothing in this bill shall be construed to
conflict with any law providing greater or additional
protections to minors or wards.
7)Defines "room confinement" to mean "the placement of a minor
or 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."
8)Defines "juvenile facility" to include the following:
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a) A juvenile hall;
b) A juvenile camp or ranch;
c) A facility of the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities;
d) A regional youth educational facility;
e) A youth correctional center;
f) A juvenile regional facility; and,
g) Any other local or state facility used for the
confinement of minors or wards.
EXISTING LAW:
1)States that the purpose of the juvenile court system is to
provide for the protection and safety of the public and each
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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. (Welf. & Inst. Code, §
202, subd. (a).)
2)Provides that 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.
(Welf. & Inst. Code, § 202, subd. (b).)
3)Authorizes minors under the age of 18 years to 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. (Welf. & Inst. Code,
§ 602.)
4)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. (Welf. & Inst. Code, § 727, subd. (a).)
5)Existing 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
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specified. (Welf. & Inst. Code, § 726.)
6)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. (Welf. &
Inst. Code, §210.)
7)Provides that in each county there shall be a juvenile justice
commission consisting of not less than seven and no more than
15 citizens. Two or more of the members shall be persons who
are between 14 and 21 years of age, provided there are
available persons between 14 and 21 years of age who are able
to carry out the duties of a commission member in a manner
satisfactory to the appointing authority. (Welf. & Inst.
Code, § 225)
8)Authorizes, in lieu of a county juvenile justice commission,
the boards of supervisors of two or more adjacent counties to
agree to establish a regional juvenile justice commission
consisting of at least 8 citizens, two of whom to be between
14 and 21 years of age if available, and having a sufficient
number of members so that their appointment may be equally
apportioned between the participating counties. (Welf. &
Inst. Code, § 226.)
9)States that it shall be the duty of a juvenile justice
commission to inquire into the administration of the juvenile
court law in the county or region in which the commission
serves. For this purpose the commission shall have access to
all publicly administered institutions authorized or whose use
is authorized by this chapter situated in the county or
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region, shall inspect such institutions no less frequently
than once a year, and may hold hearings. A judge of the
juvenile court shall have the power to issue subpoenas
requiring attendance and testimony of witnesses and production
of papers at hearings of the commission. A juvenile justice
commission shall annually inspect any jail or lockup within
the county that was used to confine a minor for more than 24
hours in the preceding calendar year and issue a written
report of the results of such inspection together with its
recommendations to the juvenile court and to the Board of
Corrections. (Welf. & Inst. Code, § 229.)
FISCAL EFFECT: Unknown.
COMMENTS:
1)Author's Statement: According to the author, "This bill seeks
to limit the use of room confinement in 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
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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 [Department of Juvenile Justice] 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."
2)Background: According to the background materials provided by
the author, "Long-term isolation 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. It is a practice that endangers mental health and
increases risk of suicide, and is often used as a method to
control a correctional environment, and not for any
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rehabilitative purpose.<1> It does not properly address
disciplinary issues and more often, it increases these
behaviors in youth, especially those with mental health
conditions.<2> In 1999, the Office of Juvenile Justice and
Delinquency Prevention (OJJDP) released a study of juvenile
facilities across the country which found that 50% of youth
who committed suicide were in isolation at the time of their
suicide.<3> Further, 62% of the suicide victims had a
history of isolation.<4> In a report released by the
California Department of Corrections and Rehabilitation in
2012, prisoners who had spent time in isolation in the
---------------------------
<1>
Finke, Linda M., RN, PhD, "Use of Seclusion is not
Evidence-Based Practice," Journal of Child and Adolescent
Psychiatric Nursing, Oct.-Dec. 2001, available at
http://www.findarticles.com/p/articles/mi_qa3892/is_200110/ai_n89
93463/print.
<2> Remarks of Steven H. Rosenbaum, Chief, Special Litigation
Section, before the Fourteenth Annual National Juvenile
Corrections and Detention Forum, May 16, 1999, available at
http://www.usdoj.gov/crt/split/documents/juvspeech.htm.
<3> Hayes, Lindsay M., "Juvenile Suicide in Confinement: A
National Survey," National Center on Institutions and
Alternatives, February 2004.
http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&ve
d=0CDcQFjAB&url=http%3A%2F%2Fwww.ncjrs.gov%2Fpdffiles1%2Fojjdp%2F
213691.pdf&ei=qx1NT-3oOeniiAK-haTKDw&usg=AFQjCNFhEQITM4y1TvtMO3dZ
sb_8g0Hy_Q
<4> Hayes, 16.
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Security Housing Units had a higher rate of recidivism than
those who had not.<5> This bill recognizes the importance of
keeping youth in the classroom, in counseling, in programs,
and other pro-social activities-all of which will lead to
reductions in recidivism.
"Title 15 regulations do not provide specific guidelines around
the use of room confinement, oftentimes used interchangeably
with terms like 'separation.' Title 15 charges facility
administrators to develop written policies and procedures
regarding the use of separation, but does not provide
additional guidance or limitations except that 'separated
youth shall not be denied normal privileges at the facility,
except when necessary to accomplish the objectives of
separation.'<6> Current regulations and statutes do not
prevent isolation that can last 21 hours or more each day."
3)Regulations Pertaining to Juvenile Detention Facilities: 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.
Section 1354 of Title 15 requires the facility administrator
to develop and implement written policies and procedures
--------------------------
<5> California Department of Corrections and Rehabilitation.
2012 Adult Institutions Outcome Evaluation Report. October
2012.
http://www.cdcr.ca.gov/adult_research_branch/Research_Documents/A
RB_FY_0708_Recidivism_Report_10.23.12.pdf.
<6> Title 15, Section 1354 Separation. Found at:
http://www.bscc.ca.gov/downloads/Juvenile_Title_15_Strike_Out_Und
erline_REVISIONS_effective_2014-4-1.pdf
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addressing the separation of youth for reasons that include,
but are not limited to, medical and mental health conditions,
assaultive behavior, disciplinary consequences and protective
custody. This section prohibits the denial of normal
privileges available at the facility, except when necessary to
accomplish the objective of separation. The policies and
procedures shall ensure a daily review of separated youth to
determine if separation remains necessary.
Section 1359 of Title 15 requires the facility administrator,
in cooperation with the responsible physician, to develop and
implement written policies and procedures governing the use of
"safety rooms." The section provides that the safety room
shall be used to hold only those youth who present an
immediate danger to themselves or others, who exhibit behavior
which results in the destruction of property, or reveals the
intent to cause self-inflicted physical harm. A safety room
shall not be used for punishment or discipline, or as a
substitute for treatment. This section specifies that the
policies and procedures shall:
(a) Include provisions for administration of necessary
nutrition and fluids, access to a toilet, and suitable
clothing to provide for privacy;
(b) Provide for approval of the facility manager, or designee,
before a youth is placed into a safety room;
(c) Provide for continuous direct visual supervision and
documentation of the youth's behavior and any staff
interventions every 15 minutes, with actual time recorded;
(d) Provide that the youth shall be evaluated by the facility
manager, or designee, every four hours;
(e) Provide for immediate medical assessment, where
appropriate, or an assessment at the next daily sick call;
(f) Provide that a youth shall be medically cleared for
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continued retention every 24 hours;
(g) Provide that a mental health opinion is secured within 24
hours; and,
(h) Provide a process for documenting the reason for
placement, including attempts to use less restrictive means of
control, and decisions to continue and end placement.
Section 1390 provides, when separating the youth for
disciplinary reasons, discipline shall be imposed at the least
restrictive level which promotes the desired behavior and
shall not include corporal punishment, group punishment,
physical or psychological degradation.
While the regulations provide some guidance on the use of room
confinement on juveniles, there is no specified limit on how
long a juvenile may be placed in isolation. This bill
generally provides that juveniles may be placed in room
confinement for four hours at a time as long as certain
procedures and policies are met, and requires facilities to
follow specified procedures for when separation will extend
beyond four hours.
4)Arguments in Support:
a) According to the California Public Defenders
Association, the sponsor of this bill, "Experts agree that
the use of solitary confinement is psychologically harmful
to both adults and children and is especially harmful to
those with pre-existing mental illnesses. Experts also
agree that the harmful effects of solitary confinement on
children are even greater because of their developmental
needs. With this bill, California seeks to join a growing
number of states who have restricted or abolished solitary
confinement for children.
"Although damaging to all children, isolation is
particularly devastating to youth with pre-existing mental
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illness often exacerbates these conditions, all too
frequently with tragic consequences. According to the
Department of Justice, more than half of all youth suicides
in juvenile facilities occurred when youth are in solitary
confinement and that more than 60% of youth committing
suicide in detention facilities had a history of being held
in isolation."
b) According to the Chief Probation Officers of California,
a co-sponsor of this bill, "We believe SB 1143 . . .
protects the safety and well-being of the youth and staff
by prohibiting the use of room confinement for punishment
or coercion, setting parameters around when and how it is
used, and taking into account the operational needs of the
facilities in order for probation to carry out the mission
of ensuring the safety of these youth while in our care."
5)Argument in Opposition: None received.
6)Related Legislation: SB 124 (Leno) would have established
standards and protocols for the placement of juvenile
offenders in solitary confinement. SB 124 was held in the
Committee on Appropriations.
7)Prior Legislation:
a) SB 61 (Yee), of the 2013-2014 Legislative Session, would
have established standards and protocols for the use of
solitary confinement of minors and wards in state and local
juvenile facilities. SB 61 was ordered to the inactive
file.
b) SB 970 (Yee), of the 2013-2014 Legislative Session,
would have generally prohibited a minor or ward who is
detained in, or sentenced to, any juvenile facility or
other secure state or local facility from being subject to
solitary confinement, as defined, unless the minor or ward
poses an immediate and substantial risk of harm to others
or to the security of the facility, and all other
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less-restrictive options have been exhausted, and only in
accordance with specified guidelines. SB 970 was never
heard.
c) SB 1363 (Yee), of the 2011-12 Legislative Session, would
have established standards and protocols for the use of
solitary confinement in state and local juvenile facilities
for the confinement of delinquent minors. SB 1363 failed
passage in the Senate Committee on Public Safety.
REGISTERED SUPPORT / OPPOSITION:
Support
California Public Defenders Association (Sponsor)
Chief Probation Officers of California (Co-sponsor)
Children's Defense Fund - California (Co-sponsor)
Ella Baker Center for Human Rights (Co-sponsor)
Pacific Juvenile Defender Center (Co-sponsor)
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Youth Justice Coalition (Co-sponsor)
California Coalition for Youth
Californians United for a Responsible Budget
Alameda County Board of Supervisors
Alliance for Boys and Men of Color
American Civil Liberties Union of California
American Friends Service Committee
Bend the Arc: A Jewish Partnership for Justice
California Alliance for Youth and Community Justice
California Attorneys for Criminal Justice
California Prison Focus
Center on Juvenile and Criminal Justice
Children Now
Communities United for Restorative Youth Justice
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Courage Campaign
Drug Policy Alliance
First Congregational Church of Palo Alto
GSA Network of California
Immigrant Legal Resource Center
Law Foundation of Silicon Valley
Legal Services for Prisoners with Children
National Association of Social Workers, California Chapter
National Center for Youth Law
National Religious Campaign Against Torture
Prison Activist Resource Center
Prison Law Office
Santa Cruz - Statewide Coordinated Actions to End Solitary
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Confinement
One private individual
Opposition
None
Analysis Prepared by:Stella Choe / PUB. S. / (916)
319-3744