HB 3140

Abstract

Creates the End Youth Solitary Confinement Act. Provides that the use of room confinement 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 a covered juvenile (any person under 18 years of age incarcerated in a correctional facility, jail, or detention facility of any kind operated by the Department of Juvenile Justice, a county, or a municipality) may be placed on an administrative hold and confined when temporarily being housed in a particular juvenile detention center or for administrative or security purposes as personally determined by the chief administrative officer. Provides that whenever a covered juvenile is on an administrative hold, the Department 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. 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. Provides that if a covered juvenile is placed in room confinement because the covered juvenile poses a serious and immediate risk of physical harm to himself or herself, or to others, establishes when the covered juvenile shall be released. Defines terms. House Floor Amendment No. 2 Deletes references to the Department of Corrections. Deletes references to jails and prisons and replaces detention centers. Changes references from correctional facility to youth facility. Defines "covered juvenile" as any person under 21 years of age incarcerated in a Department of Juvenile Justice facility or any person under 18 years of age detained in a county facility under the authority of the local circuit court. Makes other changes.