BILL ANALYSIS Ó
SB 1143
Page 1
SENATE THIRD READING
SB
1143 (Leno)
As Amended August 15, 2016
Majority vote
SENATE VOTE: 36-0
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|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 | |
| | | | |
SB 1143
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| | | | |
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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