BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1143|
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UNFINISHED BUSINESS
Bill No: SB 1143
Author: Leno (D), et al.
Amended: 8/15/16
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/19/16
AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: 6-1, 5/27/16
AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza
NOES: Nielsen
SENATE FLOOR: 36-0, 6/2/16
AYES: Allen, Anderson, Bates, Beall, Berryhill, Block,
Cannella, De León, Fuller, Gaines, Glazer, Hall, Hancock,
Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno,
Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach,
Nguyen, Pan, Pavley, Roth, Stone, Vidak, Wieckowski, Wolk
NO VOTE RECORDED: Galgiani, Morrell, Nielsen, Runner
ASSEMBLY FLOOR: 77-0, 8/18/16 - See last page for vote
SUBJECT: Juveniles: room confinement
SOURCE: Chief Probation Officers of California
Ella Baker Center for Human Rights
DIGEST: This bill establishes statutory guidelines and
restrictions, to become operative on January 1, 2018, for
confining a minor or ward in a juvenile facility in a locked
sleeping room or cell with minimal or no contact with persons
other than correctional facility staff and attorneys, as
specified.
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Assembly Amendments refine the bill to provide for
extraordinary, emergency circumstances, as specified, and also
to provide for instances where a communicable disease or
extended medical care is involved, as specified.
ANALYSIS:
Existing law:
1)Provides generally that the purpose of the juvenile court law
"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. If removal of a minor is
determined by the juvenile court to be necessary,
reunification of the minor with his or her family shall be a
primary objective. If the minor is removed from his or her own
family, it is the purpose of this chapter to secure for the
minor custody, care, and discipline as nearly as possible
equivalent to that which should have been given by his or her
parents . . . ` . . . Minors under the jurisdiction of the
juvenile court who are in need of protective services shall
receive care, treatment, and guidance consistent with their
best interest and the best interest of the public. 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 . . ." (Welfare and
Institutions Code (WIC) § 202.)
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2)Provides that minors under the age of 18 years may 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. (WIC § 602.)
3)Generally provides that when a minor is adjudged a ward of the
court on 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. (WIC § 727(a).)
4)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.
(WIC§ 726.)
5)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." (WIC § 210.)
6)Requires the BSCC to "adopt and prescribe the minimum
standards of construction, operation, programs of education
and training, and qualifications of personnel for juvenile
ranches, camps, or forestry camps . . ." (WIC § 885.)
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.
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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,
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.
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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
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.
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9)States that the provisions in this bill do not apply to the
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.
Background
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
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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
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."
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the 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 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
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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.
SUPPORT: (Verified8/18/16)
Chief Probation Officers of California (co-source)
Ella Baker Center for Human Rights (co-source)
Alliance for Boys and Men of Color
American Civil Liberties Union of California
American Friends Service Committee
California Attorneys for Criminal Justice
California Catholic Conference
California Coalition for Youth
California Prison Focus
Center on Juvenile and Criminal Justice
Children Now
Children's Defense Fund - California
Children's Law and Policy
Community Works
Communities United for Restorative Youth Justice
Courage Campaign
Equality California
First Congregational Church of Palo Alto
GSA Network of California
Human Rights Watch
Immigrant Legal Resource Center
Jewish Community High School
Justice Not Jails
Justice Now
Law Foundation of Silicon Valley
Legal Services for Prisoners with Children
National Center for Youth Law
National Juvenile Justice Network
National Religious Campaign Against Torture
Occidental Hillel
Pacific Juvenile Defender Center
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Peace United Church of Christ, Santa Cruz
Resource Development Associates
Temple Beth El Jewish Community Center
T'ruah: The Rabbinic Call for Human Rights
Santa Cruz-Statewide Coordinated Actions To End Solitary
Confinement
W. Haywood Burns Institute
Women's Foundation of California
Youth Law Center
Several individuals
OPPOSITION: (Verified8/18/16)
None received
ASSEMBLY FLOOR: 77-0, 8/18/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,
Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,
Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth
Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,
Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper,
Holden, Irwin, Jones, Jones-Sawyer, Lackey, Levine, Linder,
Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,
Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,
Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago,
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,
Wilk, Wood, Rendon
NO VOTE RECORDED: Roger Hernández, Kim, Williams
Prepared by:Alison Anderson / PUB. S. /
8/19/16 19:37:25
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