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SB-733 Solitary confinement.(2023-2024)

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Date Published: 01/03/2024 02:00 PM
SB733:v98#DOCUMENT

Amended  IN  Senate  January 03, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 733

Introduced by Senator Glazer

February 17, 2023

An act to add Article 7 (commencing with Section 2697) to Chapter 4 of Title 1 of Part 3 of the Penal Code, relating to corrections.


LEGISLATIVE COUNSEL'S DIGEST


SB 733, as amended, Glazer. Solitary confinement.
Existing law provides the Department of Corrections and Rehabilitation with jurisdiction over the state prison, as specified. Existing law states that it is unlawful to use any cruel, corporal, or unusual punishment or to inflict any treatment or allow any lack of care which would injure or impair the health of a prisoner, inmate, or person confined.
This bill would require the department to develop standards for placement and conditions in solitary confinement consistent with the settlement agreement in Ashker v. Governor of the State of California (N.D.Cal., No. 4:09-CV-05796). The bill would require the standards developed by the department to include, among other things, the creation of a “step-down” program to encourage and incentivize incarcerated persons to take steps to be released from solitary confinement. The bill would require the department to track specified data regarding the population within solitary confinement, also known as restricted housing, including demographic information and a specific description of the types of restrictions for solitary confinement in the institution. The bill would require the department, on or before January 1, 2025, 2026, and annually thereafter, to report this data to the Legislature, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

It is the intent of the Legislature to end indeterminate solitary confinement and ensure that the conditions and treatment or those who are confined to segregated housing are humane and have the overall goal of rehabilitation to ensure inmates are equipped to be integrated back into the prison’s general population and into the communities into which they are ultimately released.

SEC. 2.Article 7 (commencing with Section 2697) is added to Chapter 4 of Title 1 of Part 3 of the Penal Code, to read:
7.Solitary Confinement
2697.

The department shall develop standards for placement and conditions in solitary confinement consistent with the settlement in Ashker v. Governor of the State of California (N.D.Cal., No. 4:09-CV-05796) to utilize a behavior-based system for solitary confinement. The standards developed by the department shall include, but are not limited to, all of the following:

(a)Prohibiting the use of “gang-affiliation” as a justification for placing incarcerated persons in isolation.

(b)Creation of a “step-down” program to encourage and incentivize incarcerated persons to take steps to be released from solitary confinement.

(c)Expansion of programming and privileges for incarcerated persons in solitary confinement.

(d)Standards that alleviate the conditions of segregated confinement, including, but not limited to, all of the following:

(1)Providing regular and meaningful social contact.

(2)Providing adequate healthcare.

(3)Providing access to sunlight.

(4)Providing adequate food.

2697.2.

(a)The department shall collect data to track the department’s progress toward improving solitary confinement standards. The department shall, on or before January 1, 2025, and annually thereafter, report to the Legislature the data collected pursuant to this section. The report shall be submitted pursuant to Section 9795 of the Government Code.

(b)The department shall collect all of the following data points:

(1)Name.

(2)Race.

(3)Sex.

(4)Age disaggregated by those placed in solitary confinement that are under 25 years of age.

(5)Specific description of the types of restrictions for solitary confinement in the institution.

(6)The types of placement similar to solitary confinement, including, but not limited to, lookdown and quarantine.

(7)Staffing ratios for solitary confinement units.

(8)The number of solitary confinement units within the previous calendar year.

(9)The number of times individuals were kept in solitary confinement for that year.

(10)The total time individuals placed in solitary confinement were kept in solitary for that year.

(11)Existing mental health diagnoses of those placed in solitary confinement.

(12)Whether individuals developed mental health diagnoses or required mental health treatment during or soon after placements in solitary confinement.

(13)Whether individuals experienced medical or psychiatric emergencies while in solitary confinement.

(14)Whether individuals committed or attempted to commit suicide or engaged in serious self-harm during, or soon after, placement in solitary confinement.

(15)Whether there were appeals of the decision to place an individual in solitary confinement and the outcome of those appeals.

(16)Whether the term of solitary confinement was shorter than originally ordered and the reason for the shortened placement.

SECTION 1.

 Article 7 (commencing with Section 2697) is added to Chapter 4 of Title 1 of Part 3 of the Penal Code, to read:
Article  7. Solitary Confinement

2697.
 (a) The department shall collect data to track the department’s progress toward improving solitary confinement, also known as restricted housing, standards. The department shall, on or before January 1, 2026, and annually thereafter, report to the Legislature the data collected pursuant to this section. The report shall be submitted pursuant to Section 9795 of the Government Code.
(b) For the purposes of this section, any reference to “solitary confinement” shall also mean and include “restricted housing.”
(c) The department shall collect all of the following data points:
(1) Name.
(2) Race.
(3) Sex.
(4) Age disaggregated by those placed in solitary confinement.
(5) Specific description of the types of offenses inmates are held in solitary confinement in the institution.
(6) The types of placement similar to solitary confinement, including, but not limited to, lockdown and quarantine.
(7) The types of rehabilitative programs made available to inmates in each solitary confinement unit.
(8) Staffing ratios for solitary confinement units.
(9) The number of times individuals were kept in solitary confinement for that year.
(10) The total time individuals placed in solitary confinement were kept in solitary for that year.
(11) The number of solitary confinement units in use of an institution within the previous calendar year.
(12) Existing mental health diagnoses of individuals placed in solitary confinement.
(13) Whether individuals developed mental health diagnoses or required mental health treatment during or soon after placements in solitary confinement.
(14) Whether individuals experienced medical or psychiatric emergencies while in solitary confinement.
(15) Whether individuals committed or attempted to commit suicide or engaged in serious self-harm during, or soon after, placement in solitary confinement.
(16) Whether there were appeals of the decision to place an individual in solitary confinement and the outcome of those appeals.
(17) Whether the term of solitary confinement was shorter than originally ordered and the reason for the shortened placement.
(18) The number of individuals who received reductions in their restrictive housing terms based on successful completion of rehabilitative programs.