BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1143


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          SENATE THIRD READING


          SB  
          1143 (Leno)


          As Amended  August 15, 2016


          Majority vote


          SENATE VOTE:  36-0


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Public Safety   |7-0  |Jones-Sawyer,         |                    |
          |                |     |Melendez, Lackey,     |                    |
          |                |     |Lopez, Low, Quirk,    |                    |
          |                |     |Santiago              |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |20-0 |Gonzalez, Bigelow,    |                    |
          |                |     |Bloom, Bonilla,       |                    |
          |                |     |Bonta, Calderon,      |                    |
          |                |     |Chang, Daly, Eggman,  |                    |
          |                |     |Gallagher, Eduardo    |                    |
          |                |     |Garcia, Holden,       |                    |
          |                |     |Jones, Obernolte,     |                    |
          |                |     |Quirk, Santiago,      |                    |
          |                |     |Wagner, Weber, Wood,  |                    |
          |                |     |McCarty               |                    |
          |                |     |                      |                    |








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          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  
               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,








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             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;


             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  








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            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:


             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.


          9)States that the provisions in this bill do not apply to the  








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            following situations:


             a)   During an extraordinary, emergency circumstance that  
               requires a significant departure from normal institutions,  
               as provided; or,


             b)   When a minor or ward is placed in a locked cell or sleep  
               room for medical purposes, as provided.


          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  
            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. 


          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. 


          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.  


          4)Provides that when a minor is adjudged a ward of the court on  








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            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. 


          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  
            specified.  


          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.  


          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.  


          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 eight 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.  


          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  








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            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  
            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.  


          FISCAL EFFECT:  According Assembly Appropriations Committee:


          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.








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          COMMENTS:  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  
          state and local juvenile facilities.  Despite a longstanding  
          consent decree in effect since 2004, an internal CDCR  
          [California Department of Corrections and Rehabilitation] 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  
          [University of California] 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  








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          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."

          Please see the policy committee analysis for a full discussion  
          of this bill.



          Analysis Prepared by:      Stella Choe / PUB. S. / (916)  
          319-3744          FN: 0004073