BILL ANALYSIS                                                                                                                                                                                                    Ó






                                                                    SB 1143


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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