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AB-2010 Juvenile facilities: chemical agents.(2017-2018)

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Date Published: 02/01/2018 09:00 PM
AB2010:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2010


Introduced by Assembly Member Chau

February 01, 2018


An act to add Section 208.4 to the Welfare and Institutions Code, relating to juvenile facilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 2010, as introduced, Chau. Juvenile facilities: chemical agents.
Existing law makes it a misdemeanor or a felony to bring tear gas or a tear gas weapon into a juvenile hall or camp, or to possess tear gas or a tear gas weapon in a juvenile hall or camp, except as authorized by law, or when authorized by the person in charge or an officer of the of the juvenile hall or camp. Existing law makes it a felony to use tear gas or a tear gas weapon in a juvenile hall or camp except as authorized.
This bill would prohibit an officer or employee of a juvenile facility, as defined, from possessing any chemical agent, as defined, in a juvenile facility. The bill would allow pepper spray to be used in a juvenile facility as a last resort when necessary to suppress a riot when authorized by a juvenile facility administrator or designee. The bill would require that all use of pepper spray be documented, as provided.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 208.4 is added to the Welfare and Institutions Code, to read:

208.4.
 (a) For purposes of this section, the following definitions apply:
(1) “Juvenile facility” includes any of the following:
(A) A juvenile hall, as described in Section 850.
(B) A juvenile camp or ranch, as described in Article 24 (commencing with Section 880).
(C) A facility of the Department of Corrections and Rehabilitation, Division of Juvenile Justice.
(D) A regional youth educational facility, as described in Section 894.
(E) A youth correctional center, as described in Article 9 (commencing with Section 1850) of Chapter 1 of Division 2.5.
(F) A juvenile regional facility as described in Section 5695.
(G) Any other local or state facility used for the confinement of minors or wards.
(2) “Chemical agent” means a chemical-based agent designed to debilitate or incapacitate a person, or to cause a temporary burning sensation and inflammation of mucous membranes and eyes leading to involuntary closure, including, but not limited to, tear gas, mace, oleoresin capsicum, or pepper spray.
(b) Except as described in subdivision (c), an officer or employee of a juvenile facility may not have in his or her possession or use any chemical agent in a juvenile facility.
(c) Pepper spray may be used in a juvenile facility only in accordance with the following:
(1) Pepper spray may be used only as a last resort when necessary to suppress a riot and only when deescalation techniques have been unsuccessful or are not reasonably possible.
(2) Officers and employees of a juvenile facility may not carry pepper spray on their persons.
(3) Use of pepper spray must be authorized by a juvenile facility administrator or designee.
(4) All use of pepper spray shall be documented, including reasons for use, authorization for use, decontamination procedures, and followup visits with medical professionals. Incidents of the use of pepper spray shall be regularly reviewed by the facility administrator, and each incident shall be debriefed by the facility administrator or designee with all parties involved.