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AB-1165 Juvenile facilities: storage and use of chemical agents.(2021-2022)

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Date Published: 01/21/2022 12:16 PM
AB1165:v97#DOCUMENT

Amended  IN  Assembly  January 24, 2022
Amended  IN  Assembly  May 03, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1165


Introduced by Assembly Member Gipson
(Principal coauthors: Assembly Members Cristina Garcia and Luz Rivas)
(Coauthors: Assembly Members Bonta, Carrillo, Chau, Chiu, Holden, Lee, Stone, and Ting)

February 18, 2021


An act to add Sections 208.4, 208.6, and 210.3 208.4 and 208.6 to the Welfare and Institutions Code, relating to juveniles.


LEGISLATIVE COUNSEL'S DIGEST


AB 1165, as amended, Gipson. Juvenile facilities: storage and use of chemical agents and facility staffing. agents.
Existing law provides for the housing of juvenile wards of the court in juvenile facilities, including juvenile halls and forestry camps. Existing law requires the Board of State and Community Corrections to adopt minimum standards for the operation and maintenance of juvenile halls for the confinement of minors. Existing law requires the judge of the juvenile court of the county to annually inspect any jail or juvenile hall that was used for the confinement of any minor and to notify the operator of the jail or juvenile hall of any observed noncompliance with the minimum standards of the juvenile facility adopted by the board.
This bill would prohibit the use or storage of a chemical agent, as defined, with the exception of oleoresin capsicum (OC) spray, inside, or on the grounds of, a juvenile facility. The bill would prohibit, commencing July 1, 2023, 2024, the use of a chemical agent against a juvenile who is under 18 years of age or in any space where a juvenile who is under 18 years of age is present. The bill would require an entity that manages, operates, or owns a juvenile facility to dispose of all chemical agents, with the exception of OC spray, in its possession on or before December 31, 2022, 2023, and to notify the board of that disposition. The bill would require the custodian of each juvenile facility to report quarterly to the board on the use of a chemical agent in the facility, as provided. The bill would require the Legislative Analyst’s Office to submit to the Legislature a report on model practices and protocols for alternatives to the use of chemical agents in juvenile facilities, as specified. The bill would require the board to develop training, model practices, and regulations to implement the findings and recommendations of the report, as specified. The bill would require a juvenile facility to provide staffing in prescribed ratios of staff to youth.
By imposing new duties on local juvenile facilities, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 (a) It is the intent of the Legislature to improve the outcomes of youth and public safety through public health approaches that support positive youth development. This act promotes California’s adoption of evidence-based, promising, trauma-informed, and culturally responsive practices and programs.
(b) It is the intent of the Legislature to align staffing ratios at juvenile facilities with federally mandated staffing requirements under the federal Prison Rape Elimination Act of 2003.
(c) It is the intent of the Legislature to have the Legislative Analyst’s Office (LAO) conduct an independent study regarding model policies and protocols for alternatives to the use of chemical agents in juvenile facilities. The study shall include analysis of other states and jurisdictions that do not use oleoresin capsicum (OC) spray. In executing the study, the LAO shall consult with stakeholders, including juvenile facility administrators and staff, behavioral health and medical experts, youth formerly incarcerated in juvenile facilities, and youth advocates.
(d) It is the intent of the Legislature that the study address, at a minimum, all of the following:
(1) Staffing models, including staff-to-youth ratios for waking hours and sleeping hours and female-to-male staffing ratios.
(2) Relevant demographics and other characteristics of youth and staff, such as average age, race, ethnicity, gender, disability status, if documented, type of offenses for which youth are housed, and staff qualifications.
(3) Facility sizes, layouts, and environments, including, but not limited to, factors related to staff and youth safety and maintenance of a therapeutic setting.
(4) Best practices for behavior management systems, including use of incentives or sanctions, whether youth behavior results in new referrals or additional charges, consequences of youth behavior for case dispositions, educational, therapeutic, restorative, and recreational programming, high-level mental health supports, and research on adolescent development, behavioral health, and trauma.
(5) Policies, practices, tactics, and training for responding to incidents, including incidents involving altercations with more than one youth or involving weapons. The responses to be studied should include, but are not limited to, defensive tactics, intermediate force options, room confinement, rapport-based supervision, deescalation, conflict management, crisis intervention, and behavioral health approaches that take into account adolescent brain development, developmental disabilities, mental health disabilities, and trauma-informed care.
(6) Best practices for tracking trends in the use and impact of chemical agents and alternatives.
(7) Fiscal and other impacts of eliminating the use of OC spray, including costs related to youth and staff injuries, savings from eliminating chemical agent purchases, and other administrative and legal matters.

SECTION 1.SEC. 2.

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

(a)A chemical agent, with the exception of oleoresin capsicum (OC) spray, shall not be used inside, or on the grounds of, a juvenile facility.

(b)Commencing July 1, 2023, a chemical agent shall not be used against a juvenile who is under 18 years of age or in any space where a juvenile who is under 18 years of age is present.

208.4.
 (a) Commencing July 1, 2024, a chemical agent shall not be used within or on the grounds of a juvenile facility against a youth who is under 18 years of age or in any space where a youth who is under 18 years of age is present.
(b) A chemical agent, with the exception of oleoresin capsicum (OC) spray, shall not be used inside, or on the grounds of, a juvenile facility.
(c) A chemical agent, with the exception of OC spray, shall not be stored in, or on the grounds of, a juvenile facility.
(d) (1) An entity that manages, operates, or owns a juvenile facility shall not purchase, rent, acquire, own, or store a chemical agent, with the exception of OC spray.
(2) An entity that manages, operates, or owns a juvenile facility shall dispose of all chemical agents, with the exception of OC spray, in its possession on or before December 21, 2022, 31, 2023, and shall notify the Board of State and Community Corrections when all chemical agents, with the exception of OC spray, in its possession have been disposed.
(e) Commencing July 1, 2023, 2024, the custodian of each juvenile facility shall report to the Board of State and Community Corrections the following information regarding the use of chemical agents OC spray in the facility for the preceding quarter:
(1) The total number of instances in which OC spray was used.
(2) The reason for the use of OC spray.
(3) The number of residents and the ages of the residents who were contaminated by OC spray.

(1)The total number of instances in which chemical agents were used.

(2)For each instance of use of a chemical agent, all of the following:

(A)Demographic information of the youth affected.

(B)The number of youth involved.

(C)The date, time, and location within the facility of each use of a chemical agent.

(D) The stated reason for the use of a chemical agent.

(E)Injuries to youth resulting from the use of a chemical agent and the number of injuries resulting in medical treatment or hospitalization.

(F)Injuries to staff caused by the use of a chemical agent and the number of injuries resulting in medical treatment or hospitalization.

(G)Information on the chemical agent utilized, including the variety, brand, and quantity used, if measured.

(f) For purposes of this section, the following definitions shall apply:
(1) “Chemical agent” means a chemical-based agent designed to debilitate or incapacitate a person, including, but not limited to, any of the following:
(A) Phenacyl chloride or chloroacetophenone gas, commonly known as CN gas, tear gas, or mace.
(B) 2-chlorobenzalmalononitrile or orthochlorobenzalmalononitrile gas, commonly known as CS gas.
(C) Dibenzoxazepine, commonly known as CR gas or DBO.
(D) Oleoresin capsicum spray, commonly known as OC spray, capsaicin spray, capsicum spray, or pepper spray.
(E) Any lachrymatory agent or lachrymator that causes irritation, a temporary burning sensation, bronchoconstriction, nausea, vomiting, inflammation of mucous membranes, blepharospasm, inflammation of eyes, or other systemic effects including dizziness, disorientation, panic, or loss of control of motor activity.
(2) “Juvenile facility” means 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) A secure youth treatment facility as described in Section 875.

(G)

(H) Any other local or state facility used for the confinement of minors or wards.
(3) “Youth” means any person who is in the custody of the juvenile facility. This person may be a minor under the age of 18 or a person over 18 years of age. This includes persons whose cases are under the jurisdiction of the juvenile court and persons whose cases are under the jurisdiction of the adult court.

SEC. 2.SEC. 3.

 Section 208.6 is added to the Welfare and Institutions Code, to read:

208.6.
 (a) The Legislative Analyst’s Office shall, on or before July 1, 2022, 2023, submit a report to the Legislature on model policies and protocols for alternatives to the use of chemical agents in juvenile facilities. The report shall be submitted in accordance with Section 9795 of the Government Code.
(b) The Board of State and Community Corrections shall, on or before July 1, 2023, 2024, develop training, model practices, and regulations to implement the findings and recommendations of the Legislative Analyst’s Office report.

SEC. 3.Section 210.3 is added to the Welfare and Institutions Code, to read:
210.3.

A juvenile facility shall provide staffing in accordance with the following ratios:

(a)During hours when the youth are sleeping, one staff member for every 16 youth.

(b) During hours when the youth are awake, one staff member for every eight youth.

SEC. 4.

 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.