BILL ANALYSIS Ó SB 1143 Page A 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 SB 1143 Page B 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; SB 1143 Page C 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: SB 1143 Page D 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 SB 1143 Page E 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 SB 1143 Page F 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 SB 1143 Page G 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 SB 1143 Page H 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 SB 1143 Page I 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. SB 1143 Page J 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 SB 1143 Page K 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 SB 1143 Page L 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 SB 1143 Page M 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 SB 1143 Page N 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) SB 1143 Page O 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 SB 1143 Page P 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 SB 1143 Page Q Confinement One private individual Opposition None Analysis Prepared by:Stella Choe / PUB. S. / (916) 319-3744