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
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|Policy |Public Safety |Vote:|7 - 0 |
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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.
SB 1143
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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