BILL ANALYSIS Ó SB 1143 Page 1 Date of Hearing: August 3, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair SB 1143 (Leno) - As Amended May 31, 2016 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|7 - 0 | |Committee: | | | | | | | | | | | | | | ----------------------------------------------------------------- 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. SB 1143 Page 2 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 SB 1143 Page 3 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 SB 1143 Page 4 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 SB 1143 Page 5 confinement of delinquent minors. SB 1363 failed passage in the Senate Committee on Public Safety. Analysis Prepared by:Pedro Reyes / APPR. / (916) 319-2081