Bill Text

PDF |Add To My Favorites | print page

SB-1143 Juveniles: room confinement.(2015-2016)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
SB1143:v94#DOCUMENT

Senate Bill No. 1143
CHAPTER 726

An act to add Section 208.3 to the Welfare and Institutions Code, relating to juveniles.

[ Approved by Governor  September 27, 2016. Filed with Secretary of State  September 27, 2016. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1143, Leno. Juveniles: room confinement.
Existing law permits minors who are detained in juvenile hall for habitual disobedience, truancy, or curfew violation to be held in the same facility as minors who are detained for violating any law or ordinance defining a crime, if they do not come or remain in contact with each other. Existing law also permits the detention of minors in jails and other secure facilities for the confinement of adults if the minors do not come or remain in contact with confined adults and other specified conditions are met.
Existing law, the Lanterman-Petris-Short Act, authorizes the involuntary detention for a period of 72 hours for the evaluation of a person, including a minor, who is dangerous to himself or herself or others, or gravely disabled, as defined.
This bill would, commencing January 1, 2018, place restrictions on the use of room confinement of minors or wards who are confined in a juvenile facility, as specified. The bill would require the placement of a minor or ward in room confinement to be conducted in accordance with specified guidelines. By increasing the duties of local entities in connection with local juvenile facilities, the 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 these statutory provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


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) “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 Facilities.
(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) “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.
(3) “Room confinement” means 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.
(4) “Ward” means a person who has been declared a ward of the court pursuant to subdivision (a) of Section 602.
(b) The placement of a minor or ward in room confinement shall be accomplished in accordance with the following guidelines:
(1) 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.
(2) Room confinement shall not be used for the purposes of punishment, coercion, convenience, or retaliation by staff.
(3) Room confinement shall not be used to the extent that it compromises the mental and physical health of the minor or ward.
(c) 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:
(1) Return the minor or ward to general population.
(2) Consult with mental health or medical staff.
(3) Develop an individualized plan that includes the goals and objectives to be met in order to reintegrate the minor or ward to general population.
(d) If room confinement must be extended beyond four hours, staff shall do the following:
(1) 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.
(2) 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) Obtain documented authorization by the facility superintendent or his or her designee every four hours thereafter.
(e) 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 and does not apply to normal sleeping hours.
(f) This section does not apply to minors or wards in court holding facilities or adult facilities.
(g) Nothing in this section shall be construed to conflict with any law providing greater or additional protections to minors or wards.
(h) This section does not apply during an extraordinary, emergency circumstance that requires a significant departure from normal institutional operations, including a natural disaster or facility-wide threat that poses an imminent and substantial risk of harm to multiple staff, minors, or wards. This exception shall apply for the shortest amount of time needed to address the imminent and substantial risk of harm.
(i) This section does not apply when a minor or ward is placed in a locked cell or sleep room to treat and protect against the spread of a communicable disease for the shortest amount of time required to reduce the risk of infection, with the written approval of a licensed physician or nurse practitioner, when the minor or ward is not required to be in an infirmary for an illness. Additionally, this section does not apply when a minor or ward is placed in a locked cell or sleep room for required extended care after medical treatment with the written approval of a licensed physician or nurse practitioner, when the minor or ward is not required to be in an infirmary for illness.
(j) This section shall become operative on January 1, 2018.

SEC. 2.

  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.