SB 61

  • California Senate Bill
  • 2013-2014 Regular Session
  • Introduced in Senate Jan 08, 2013
  • Passed Senate May 29, 2013
  • Assembly
  • Governor

Juveniles: solitary confinement.

Abstract

(1) 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 evaluation of persons, including minors, who are dangerous to self or others, or gravely disabled, as defined. This bill would prohibit a minor or ward who is detained in, or sentenced to, any juvenile facility or other secure state or local facility from being subject to solitary confinement, as defined, 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. The bill would permit the minor or ward to be held in solitary confinement only in accordance with specified guidelines, including that the minor or ward 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. The bill would prohibit a minor or ward from being placed in solitary confinement for more than 24 hours in a one-week period without obtaining specified written approval. The bill would require each local and state juvenile facility to document the usage of solitary confinement, as prescribed. The bill would exempt from these provisions any juvenile who commits an assault or battery while detained in, or sentenced to, any juvenile facility, or who is determined by correctional facility staff to be a high-risk offender. These provisions would become operative on January 1, 2015. By increasing the duties of local juvenile facilities, the bill would impose a state-mandated local program. (2) Existing law establishes a juvenile justice commission in each county, but authorizes the boards of supervisors of 2 or more adjacent counties to agree to establish a regional juvenile justice commission in lieu of a county juvenile justice commission. Existing law specifies the membership of these commissions, including that 2 or more members shall be persons who are 14 to 21 years of age, inclusive, and that a regional juvenile justice commission shall consist of not less than 8 citizens. Existing law requires a juvenile justice commission to annually inspect any jail or lockup that, in the preceding calendar year, was used for confinement for more than 24 hours of any minor, and to 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. Existing law authorizes a commission to recommend to any person charged with the administration of the Juvenile Court Law those changes as it has concluded, after investigation, will be beneficial, and to publicize its recommendations. This bill would provide that 2 or more members of these commissions shall be parents or guardians of previously or currently incarcerated youth, and one member shall be a licensed social worker, licensed psychiatrist, or licensed psychologist with expertise in adolescent development, if there are available persons who meet those requirements, as specified. The bill also would increase from 8 to 10 the minimum number of members of a regional juvenile justice commission. The bill would authorize a juvenile justice commission, as part of its annual inspection, to review the records of the jail or lockup as to the use of solitary confinement, and to additionally report the results of the inspection, together with its recommendations based thereon, in writing, to the county board of supervisors. The bill would authorize the commission to 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 to publish the report on the county government's Internet Web site. The bill would authorize the commission to 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, and to review the records of the facility as to the use of solitary confinement. The bill would authorize the commission to report the results of the inspection to the juvenile court, the county board of supervisors, and the Board of State and Community Corrections, to 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 to publish the report on the county government's Internet Web site. These provisions would become operative on January 1, 2015. The bill also would authorize a commission to publicize its recommendations made to any person charged with administration of the Juvenile Court Law on the county government's Internet Web site. (3) 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.

Bill Sponsors (1)

Votes


Actions


Nov 30, 2014

Assembly

From Assembly without further action.

Assembly

Died on the inactive file.

Sep 06, 2013

Assembly

Ordered to inactive file on request of Assembly Member Atkins.

Sep 05, 2013

Assembly

Read second time. Ordered to third reading.

Sep 04, 2013

Assembly

Read second time and amended. Ordered to second reading.

Sep 03, 2013

Assembly

From committee: Do pass as amended. (Ayes 11. Noes 5.) (August 30).

Aug 14, 2013

Assembly

Set, first hearing. Referred to APPR. suspense file.

  • Referral-Committee
APPR APPR. suspense file.

Jul 02, 2013

Assembly

Read second time and amended. Re-referred to Com. on APPR.

  • Amendment-Passage
  • Reading-2
  • Reading-1
  • Referral-Committee
Com. on APPR.

Jul 01, 2013

Assembly

From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 25).

Jun 14, 2013

Assembly

Referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

May 30, 2013

Assembly

In Assembly. Read first time. Held at Desk.

May 29, 2013

Senate

Read third time. Passed. (Ayes 24. Noes 14. Page 1170.) Ordered to the Assembly.

May 28, 2013

Senate

Read second time and amended. Ordered to third reading.

May 24, 2013

Senate

From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1006.) (May 23).

May 17, 2013

Senate

Set for hearing May 23.

May 13, 2013

Senate

Placed on APPR. suspense file.

May 03, 2013

Senate

Set for hearing May 13.

Apr 30, 2013

Senate

Read second time and amended. Re-referred to Com. on APPR.

  • Amendment-Passage
  • Reading-2
  • Reading-1
  • Referral-Committee
Com. on APPR.

Apr 29, 2013

Senate

From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 665.) (April 23).

Apr 03, 2013

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  • Committee-Passage
  • Amendment-Passage
  • Reading-2
  • Reading-1
  • Referral-Committee
Com. on PUB. S.

Mar 22, 2013

Senate

Set for hearing April 23.

Jan 17, 2013

Senate

Referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

Jan 09, 2013

Senate

From printer. May be acted upon on or after February 8.

Jan 08, 2013

Senate

(Corrected January 22.)

Senate

Introduced. Read first time. To Com. on RLS. for assignment. To print.

Bill Text

Bill Text Versions Format
SB61 HTML
01/08/13 - Introduced PDF
04/03/13 - Amended Senate PDF
04/30/13 - Amended Senate PDF
05/28/13 - Amended Senate PDF
07/02/13 - Amended Assembly PDF
09/04/13 - Amended Assembly PDF

Related Documents

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Sources

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