Today's Law As Amended


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SB-61 Juveniles: solitary confinement.(2013-2014)



As Amends the Law Today


SECTION 1.

 Section 208.3 is added to the Welfare and Institutions Code, to read:

208.3.
 (a) For purposes of this section, the following definitions shall apply:
(1) “Minor” means a person who is any of the following:
(A) A person under 18 years of age.
(B) A person under the maximum age of juvenile court jurisdiction who is confined in a juvenile facility.
(C) A person under the jurisdiction of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities.
(2) “Solitary confinement” means the placement of an incarcerated person, or a person detained as a result of a juvenile petition, in a locked room or cell with minimal or no contact with persons other than guards, correctional facility staff, and attorneys. Solitary confinement does not include confinement of a ward or minor in a single-person room or cell for brief periods of locked-room confinement necessary for institutional operations, including, but not limited to, shift changes, showering, and unit movements.
(3) “Ward” means a person who has been declared a ward of the court pursuant to subdivision (a) of Section 602.
(b) A minor or ward who is detained in, or sentenced to, any juvenile facility or other secure state or local facility shall not be subject to solitary confinement, unless the minor or ward poses an immediate and substantial risk of harm to others or to the security of the facility, and all other less-restrictive options have been exhausted. A minor or ward may be held in solitary confinement only in accordance with all of the following guidelines:
(1) The minor or ward shall be held in solitary confinement only for the minimum time required to address the safety risk, and that does not compromise the mental and physical health of the minor or ward.
(2) The minor or ward shall not be placed in solitary confinement for more than 24 hours in a one-week period without the written approval of the Chief of the Division of Juvenile Facilities, or his or her designee, or the chief probation officer, or his or her designee, which shall be required for each 24-hour period thereafter.
(c) Solitary confinement shall not be used for the purposes of discipline, punishment, coercion, convenience, or retaliation by staff.
(d) Each local and state juvenile facility shall document the usage of solitary confinement, including the dates and duration of each occurrence, the reason for placement in solitary confinement, and the race, age, and gender of the minor or ward placed in solitary confinement. If any health or mental health clinical evaluations were performed, these records shall affirmatively certify that the results of those evaluations were considered in any decision to place a minor or ward in solitary confinement or to continue solitary confinement. These records shall be available for public inspection pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(e) This section does not apply to any juvenile who commits an assault or battery on another person while each is detained in, or sentenced to, any juvenile facility, or who is determined by correctional facility staff to be a high-risk offender. This subdivision shall be liberally construed to effectuate its purposes.
(f) This section is not intended to limit the use of single-person rooms or cells for the housing of minors or wards in juvenile facilities.
(g) This section does not apply to minors or wards in court holding facilities or adult facilities in accordance with Title 15 of the California Code of Regulations.
(h) Nothing in this section shall be construed to conflict with any law providing greater or additional protections to minors or wards.
(i) This section shall become operative on January 1, 2015.

SEC. 2.

 Section 225 of the Welfare and Institutions Code is amended to read:

225.
 (a)  In each county there shall be a juvenile justice commission consisting of not less than 7 and no more than 15 citizens. Two or more of the  members shall be persons who are between  14 and to  21 years of age, provided  inclusive, if  there are available persons between  14 and to  21 years of age  age, inclusive,  who are able to carry out the duties of a commission member in a manner satisfactory to the appointing authority. Each person serving as a member of a probation committee immediately prior to September 15, 1961, shall be a member of the juvenile justice commission and shall continue to serve as such until such time as  his or her term of appointment as a member of the probation committee would have expired under any prior provision of  law. Upon a vacancy occurring in the membership of the commission commission,  and upon the expiration of the term of office of any member, a successor shall be appointed by the presiding judge of the superior court with the concurrence of the judge of the juvenile court or, in a county having more than one judge of the juvenile court, with the concurrence of the presiding judge of the juvenile court for a term of four years. When If  a vacancy occurs for any reason other than the expiration of a term of office, the appointee to fill such the  vacancy shall hold office for the unexpired term of his or her predecessor.
(b)  Appointments may be made by the presiding judge of the superior court, in the same manner designated in this section for the filling of vacancies, to increase the membership of a commission to the maximum of 15 members  in any county which that  has a commission with a membership of less than 15 members.
(c)  In any county in which the membership of the commission, on the effective date of amendments to this section enacted at the 1971 Regular Session of the Legislature, exceeds the maximum number permitted by this section, no additional appointments shall be made until the number of commissioners is less than the maximum number permitted by this section. In any case, such county’s commission membership shall, on or after January 1, 1974, be no greater than the maximum number  permitted by this section.
(d) This section shall remain in effect only until January 1, 2015, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2015, deletes or extends that date.

SEC. 3.

 Section 225 is added to the Welfare and Institutions Code, to read:

225.
 (a) In each county there shall be a juvenile justice commission consisting of not less than 7 and no more than 15 citizens. Two or more members shall be persons who are 14 to 21 years of age, inclusive, if there are available persons 14 to 21 years of age, inclusive, who are able to carry out the duties of a commission member in a manner satisfactory to the appointing authority. Two or more members shall be parents or guardians of previously or currently incarcerated youth, if there are available persons who meet this requirement who are able to carry out the duties of a commission member in a manner satisfactory to the appointing authority. One member shall be a licensed social worker, licensed psychiatrist, or licensed psychologist with expertise in adolescent development, if there is an available person who meets this requirement who is able to carry out the duties of a commission member in a manner satisfactory to the appointing authority. Each person serving as a member of a probation committee immediately prior to September 15, 1961, shall be a member of the juvenile justice commission and shall continue to serve as such until his or her term of appointment as a member of the probation committee would have expired under any prior law. Upon a vacancy occurring in the membership of the commission, and upon the expiration of the term of office of any member, a successor shall be appointed by the presiding judge of the superior court with the concurrence of the judge of the juvenile court or, in a county having more than one judge of the juvenile court, with the concurrence of the presiding judge of the juvenile court for a term of four years. If a vacancy occurs for any reason other than the expiration of a term of office, the appointee to fill the vacancy shall hold office for the unexpired term of his or her predecessor.
(b) Appointments may be made by the presiding judge of the superior court, in the same manner designated in this section for the filling of vacancies, to increase the membership of a commission to the maximum of 15 members in any county that has a commission with a membership of less than 15 members.
(c) In any county in which the membership of the commission, on the effective date of amendments to this section enacted at the 1971 Regular Session of the Legislature, exceeds the maximum number permitted by this section, no additional appointments shall be made until the number of commissioners is less than the maximum number permitted by this section. In any case, that county’s commission membership shall, on or after January 1, 1974, be no greater than the maximum number permitted by this section.
(d) This section shall become operative on January 1, 2015.

SEC. 4.

 Section 226 of the Welfare and Institutions Code is amended to read:

226.
 (a)  In lieu of county juvenile justice commissions, the boards of supervisors of two or more adjacent counties may agree to establish a regional juvenile justice commission consisting of not less than eight citizens, and having a sufficient number of members so that their appointment may be equally apportioned between the participating counties. Two or more of the  members shall be persons who are between  14 and to  21 years of age, provided  inclusive, if  there are available persons between  14 and to  21 years of age  age, inclusive,  who are able to carry out the duties of a commission member in a manner satisfactory to the appointing authority. The presiding judge of the superior court with the concurrence of the judge of the juvenile court or, in a county having more than one judge of the juvenile court, with the concurrence of the presiding judge of the juvenile court of each of the participating counties shall appoint an equal number of members to the regional justice commission and they  the members  shall hold office for a term of four years. Of those first appointed, however, if the number of members  appointed be is  an even number, half one-half  shall serve for a term of two years and half one-half  shall serve for a term of four years and if  years. If  the number of members first appointed be is  an odd number, the greater number nearest half one-half  shall serve for a term of two years and the remainder shall serve for a term of four years. The respective terms of the members first appointed shall be determined by lot as soon as possible after their appointment. Upon a vacancy occurring in the membership of the commission commission,  and upon the expiration of the term of office of any member, a successor shall be appointed by the presiding judge of the superior court with the concurrence of the judge of the juvenile court or, in a county having more than one judge of the juvenile court, with the concurrence of the presiding judge of the juvenile court of the county which that  originally appointed such the  vacating or retiring member. When If  a vacancy occurs for any reason other than the expiration of a term of office, the appointee shall hold office for the unexpired term of his or her predecessor.
(b) This section shall remain in effect only until January 1, 2015, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2015, deletes or extends that date.

SEC. 5.

 Section 226 is added to the Welfare and Institutions Code, to read:

226.
 (a) In lieu of county juvenile justice commissions, the boards of supervisors of two or more adjacent counties may agree to establish a regional juvenile justice commission consisting of not less than 10 citizens, and having a sufficient number of members so that their appointment may be equally apportioned between the participating counties. Two or more members shall be persons who are 14 to 21 years of age, inclusive, if there are available persons 14 to 21 years of age, inclusive, who are able to carry out the duties of a commission member in a manner satisfactory to the appointing authority. Two or more members shall be parents or guardians of previously or currently incarcerated youth, if there are available persons who meet this requirement who are able to carry out the duties of a commission member in a manner satisfactory to the appointing authority. One member shall be a licensed social worker, licensed psychiatrist, or licensed psychologist with expertise in adolescent development, if there is an available person who meets this requirement who is able to carry out the duties of a commission member in a manner satisfactory to the appointing authority. The presiding judge of the superior court with the concurrence of the judge of the juvenile court or, in a county having more than one judge of the juvenile court, with the concurrence of the presiding judge of the juvenile court of each of the participating counties shall appoint an equal number of members to the regional justice commission and the members shall hold office for a term of four years. Of those first appointed, however, if the number of members appointed is an even number, one-half shall serve for a term of two years and one-half shall serve for a term of four years. If the number of members first appointed is an odd number, the greater number nearest one-half shall serve for a term of two years and the remainder shall serve for a term of four years. The respective terms of the members first appointed shall be determined by lot as soon as possible after their appointment. Upon a vacancy occurring in the membership of the commission, and upon the expiration of the term of office of any member, a successor shall be appointed by the presiding judge of the superior court with the concurrence of the judge of the juvenile court or, in a county having more than one judge of the juvenile court, with the concurrence of the presiding judge of the juvenile court of the county that originally appointed the vacating or retiring member. If a vacancy occurs for any reason other than the expiration of a term of office, the appointee shall hold office for the unexpired term of his or her predecessor.
(b) This section shall become operative on January 1, 2015.

SEC. 6.

 Section 229 of the Welfare and Institutions Code is amended to read:

229.
 (a)  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 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  those institutions at least  once a year, and may hold hearings. A judge of the juvenile court shall have the power to  may  issue subpoenas requiring attendance and testimony of witnesses and production of papers at hearings of the commission.
(b)  A juvenile justice commission shall annually inspect any jail or lockup within the county which that,  in the preceding calendar year year,  was used for confinement for more than 24 hours of any minor. It shall report the results of such inspection the inspection,  together with its recommendations based thereon, in writing, to the juvenile court and to the Board of State and Community  Corrections.
(c) This section shall remain in effect only until January 1, 2015, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2015, deletes or extends that date.

SEC. 7.

 Section 229 is added to the Welfare and Institutions Code, to read:

229.
 (a) 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 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 those institutions at least once a year, and may hold public hearings. A judge of the juvenile court may issue subpoenas requiring attendance and testimony of witnesses and production of papers at hearings of the commission.
(b) A juvenile justice commission shall annually inspect any jail or lockup within the county that, in the preceding calendar year, was used for confinement for more than 24 hours of any minor. As part of the annual inspection, the commission may review the records of the jail or lockup as to the use of solitary confinement, as defined in paragraph (2) of subdivision (a) of Section 208.3. The commission shall report the results of the inspection, together with its recommendations based thereon, in writing, to the juvenile court and the Board of State and Community Corrections, and may report those results to the county board of supervisors. The commission may present its report at an annual hearing on the condition of juvenile justice corrections as part of a regularly scheduled public meeting of the county board of supervisors, and may publish the report on the county government’s Internet Web site.
(c) A juvenile justice commission may annually inspect any facility within the county other than a jail or lockup that, in the preceding calendar year, was used for confinement for more than 24 hours of any minor. As part of the annual inspection, the commission may review the records of the facility as to the use of solitary confinement, as defined in paragraph (2) of subdivision (a) of Section 208.3. If the commission inspects a facility, the commission may report the results of the inspection, together with its recommendations based thereon, in writing, to the juvenile court, the county board of supervisors, and the Board of State and Community Corrections. The commission may present its report at an annual hearing on the condition of juvenile justice corrections as part of a regularly scheduled public meeting of the county board of supervisors, and may publish the report on the county government’s Internet Web site.
(d) This section shall become operative on January 1, 2015.

SEC. 8.

 Section 230 of the Welfare and Institutions Code is amended to read:

230.
 A juvenile justice commission may recommend to any person charged with the administration of any of the provisions of this chapter such those  changes as it has concluded, after investigation, will be beneficial. A commission may publicize its recommendations. recommendations on the county government’s Internet Web site. 
SEC. 9.
 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.