BILL ANALYSIS Ó SB 1143 Page 1 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 | | | | | | | SB 1143 Page 2 | | | | | ------------------------------------------------------------------ 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, SB 1143 Page 3 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 SB 1143 Page 4 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 SB 1143 Page 5 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 SB 1143 Page 6 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 SB 1143 Page 7 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. SB 1143 Page 8 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 SB 1143 Page 9 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