BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1143  


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          Date of Hearing:  August 3, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          SB 1143  
          (Leno) - As Amended May 31, 2016


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          Yes


          SUMMARY:


          This bill, beginning January 1, 2018, provides guidelines for  
          the use of room confinement, as defined, in juvenile detention  
          facilities.  This bill provides that a minor or ward may be held  
          for up to four hours in room confinement; after that time, staff  
          must return the minor or ward to general population, consult  
          with mental health or medical staff, or, develop a plan with  
          goals and objectives to be met in order to reintegrate the minor  
          or ward to general population. If room confinement must be  
          extended beyond the four hours, staff must take specified  
          measures, including documenting the reasons and authorization  
          for the confinement, and developing a reintegration plan. 








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          FISCAL EFFECT:


          1)Unknown, but potentially significant, reimbursable mandated  
            costs for County Youth Facilities staff training, and for  
            staff to consult with mental health or medical staff and/or  
            develop reintegration plans when appropriate. If the 20  
            largest counties submit a successful mandate claim for over  
            $20,000, the cost to the state would exceed $400,000.


          2)Annual ongoing-cost to the Department of Corrections' Division  
            of Juvenile Justice (DJJ) would exceed $650,000 (General Fund)  
            to provide one conflict management staff per facility, and to  
            provide the additional required documentation.  


          3)Proponents indicate that current practice has resulted in  
            significant court settlements, and therefore, this bill will  
            result in significant savings.  It is possible that  
            statewide-specific standards and protocols could reduce  
            litigation costs.  Furthermore, the one year delay in  
            implementation would allow for a "phase-in" implementation and  
            reduce training costs.


          COMMENTS:


          1)Purpose.  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  








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            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. 

            SB 1143 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.
            
          2)Background.  Current law states that the purpose of the  
            juvenile court system 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.   
            Current 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  
            specified.  

            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.  While the regulations provide some guidance on the  
            use of solitary confinement on juveniles, there is no  
            specified limit on how long a juvenile may be placed in  
            isolation. 

            The issue of solitary confinement has been an issue in the  
            past and has resulted in litigation against the California  
            Youth Authority (now DJJ) and various counties.  A specific  
            Consent-Decree (Farrell v. Cate) imposed specific guidelines  








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            on DJJ.  The consent decree requires the DJJ to provide wards  
            with adequate and effective care, treatment and rehabilitation  
            services, including reducing violence and the use of force,  
            improving medical and mental health care, reducing the use of  
            lock-ups and providing better education programs.  The ongoing  
            case is overseen by a Special Master who issues quarterly  
            reports. The most recent report, dated March 2015, is showing  
            that DJJ is making significant progress in reducing lengthy  
            lock-ups of juveniles. However, the provision of the  
            Consent-Decree do not apply to local juvenile facilities.

          3)Support.  Proponents point to the damaging effects of  
            isolation, particularly to youth with pre-existing mental  
            health issues, and there is no known opposition.
              
          4)Related Legislation: SB 124 (Leno) of last year, held in this  
            Committee's Suspense file, would have established standards  
            and protocols for the placement of juvenile offenders in  
            solitary confinement.  

          5)Prior Legislation: 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.

            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 less-restrictive options have been  
            exhausted, and only in accordance with specified guidelines.   
            SB 970 was never heard.

            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  








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            confinement of delinquent minors.  SB 1363 failed passage in  
            the Senate Committee on Public Safety.
            
          


          Analysis Prepared by:Pedro Reyes / APPR. / (916)  
          319-2081