HB 3738

Abstract

Creates the End Youth Solitary Confinement Act. Provides that the use of room confinement of a person under 21 years of age at a juvenile or correctional facility for discipline, punishment, retaliation, or any reason other than as a temporary response to a juvenile's behavior that poses a serious and immediate risk of physical harm to any individual, including the juvenile, is prohibited. Provides that if a covered juvenile poses a serious and immediate risk of physical harm to any individual, including the juvenile, before a staff member of the facility places a covered juvenile in room confinement, the staff member shall attempt to use other less restrictive options, unless attempting those options poses a threat to the safety or security of any minor or staff. Establishes procedures for placing a covered juvenile in room confinement because the covered juvenile poses a serious and immediate risk of physical harm to himself or herself, or to others. Provides that each facility detaining covered juveniles shall report the use of each incident of room confinement to the Attorney General each month. Defines "covered juvenile". House Floor Amendment No. 1 Deletes a reference to the Department of Corrections. Provides that the reporting agency for certain provisions shall be an independent ombudsperson for the Department of Juvenile Justice, rather than the Attorney General. House Floor Amendment No. 2 Provides that "confinement" does not include medical isolation or quarantine. House Floor Amendment No. 3 Defines "administrative hold", "behavioral hold", "chief administrative officer", "confinement", and "investigative status". Provides that a covered juvenile may be placed on an administrative hold and confined when temporarily being housed in a particular covered juvenile center or for administrative or security purposes as personally determined by the chief administrative officer. Provides that placement on administrative hold shall be subject to the following time limitations: (1) when the covered juvenile is awaiting transfer to the Department of Corrections or a more secure setting, the administrative hold may not exceed 3 business days; and (2) the administrative hold may not exceed 7 calendar days when the covered juvenile is temporarily transferred to a different facility for the purposes of placement interviews, court appearances, or medical treatment. Provides that whenever a covered juvenile is on an administrative hold, the Department of Juvenile Justice, Department of Corrections, or county or municipality holding the covered juvenile shall provide the covered juvenile with access to the same programs and services received by covered juveniles in the general population. Provides that any restrictions on movement or access to programs and services shall be documented and justified by the chief administrative officer. House Floor Amendment No. 4 Defines "covered juvenile" as any person under 18 (rather than 21) years of age incarcerated in a correctional facility, jail, or detention facility of any kind operated by the Department of Corrections, the Department of Juvenile Justice, a county, or a municipality. House Floor Amendment No. 5 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill, as amended by House Amendments Nos. 1, 3, and 4. Specifies that "confinement" does not include medical isolation or quarantine.