BILL NUMBER: SB 1447	CHAPTERED
	BILL TEXT

	CHAPTER  157
	FILED WITH SECRETARY OF STATE  AUGUST 18, 2010
	APPROVED BY GOVERNOR  AUGUST 18, 2010
	PASSED THE SENATE  APRIL 22, 2010
	PASSED THE ASSEMBLY  AUGUST 5, 2010

INTRODUCED BY   Senator Padilla

                        FEBRUARY 19, 2010

   An act to amend Section 209 of the Welfare and Institutions Code,
relating to juveniles.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1447, Padilla. Juveniles: secure detention facilities.
   Existing law requires the annual inspection of any jail, juvenile
hall, or special purpose juvenile hall that, in the preceding
calendar year, was used for confinement, for more than 24 hours, of
any minor. Existing law requires the Corrections Standards Authority
to establish minimum standards for state and local correctional
facilities.
   The federal Juvenile Justice and Delinquency Prevention Act of
2002 provides grants to the states to support state and local
programs that address juvenile delinquency, as specified. The act
requires that a state submit a state plan that meets specified
criteria in order to be eligible for those grants. Among other
criteria, the state plan must provide that certain juveniles will not
be placed in secure detention facilities, must ensure that juveniles
will not be detained or confined in any institution in which they
have contact with adult inmates, and must provide for an adequate
system of monitoring jails, detention facilities, correctional
facilities, and nonsecure facilities to ensure that these and other
criteria set forth in the act are met. The act also requires annual
reporting of the results of that monitoring, except as specified.
   This bill would require the Corrections Standards Authority to
inspect and collect relevant data from any facility that may be used
for the secure detention of minors, in accordance with the federal
Juvenile Justice and Delinquency Prevention Act of 2002.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 209 of the Welfare and Institutions Code is
amended to read:
   209.  (a) The judge of the juvenile court of a county, or, if
there is more than one judge, any of the judges of the juvenile court
shall, at least annually, inspect any jail, juvenile hall, or
special purpose juvenile hall that, in the preceding calendar year,
was used for confinement, for more than 24 hours, of any minor.
   The judge shall promptly notify the operator of the jail, juvenile
hall, or special purpose juvenile hall of any observed noncompliance
with minimum standards for juvenile facilities adopted by the Board
of Corrections under Section 210. Based on the facility's subsequent
compliance with the provisions of subdivisions (d) and (e), the judge
shall thereafter make a finding whether the facility is a suitable
place for the confinement of minors and shall note the finding in the
minutes of the court.
   The Board of Corrections shall conduct a biennial inspection of
each jail, juvenile hall, lockup, or special purpose juvenile hall
situated in this state that, during the preceding calendar year, was
used for confinement, for more than 24 hours, of any minor. The board
shall promptly notify the operator of any jail, juvenile hall,
lockup, or special purpose juvenile hall of any noncompliance found,
upon inspection, with any of the minimum standards for juvenile
facilities adopted by the Board of Corrections under Section 210 or
210.2.
   If either a judge of the juvenile court or the board, after
inspection of a jail, juvenile hall, special purpose juvenile hall,
or lockup, finds that it is not being operated and maintained as a
suitable place for the confinement of minors, the juvenile court or
the board shall give notice of its finding to all persons having
authority to confine minors pursuant to this chapter and commencing
60 days thereafter the facility shall not be used for confinement of
minors until the time the judge or board, as the case may be, finds,
after reinspection of the facility that the conditions that rendered
the facility unsuitable have been remedied, and the facility is a
suitable place for confinement of minors.
   The custodian of each jail, juvenile hall, special purpose
juvenile hall, and lockup shall make any reports as may be requested
by the board or the juvenile court to effectuate the purposes of this
section.
   (b) The Board of Corrections may inspect any law enforcement
facility that contains a lockup for adults and that it has reason to
believe may not be in compliance with the requirements of subdivision
(d) of Section 207.1 or with the certification requirements or
standards adopted under Section 210.2. A judge of the juvenile court
shall conduct an annual inspection, either in person or through a
delegated member of the appropriate county or regional juvenile
justice commission, of any law enforcement facility that contains a
lockup for adults which, in the preceding year, was used for the
secure detention of any minor. If the law enforcement facility is
observed, upon inspection, to be out of compliance with the
requirements of subdivision (d) of Section 207.1, or with any
standard adopted under Section 210.2, the board or the judge shall
promptly notify the operator of the law enforcement facility of the
specific points of noncompliance.
   If either the judge or the board finds after inspection that the
facility is not being operated and maintained in conformity with the
requirements of subdivision (d) of Section 207.1 or with the
certification requirements or standards adopted under Section 210.2,
the juvenile court or the board shall give notice of its finding to
all persons having authority to securely detain minors in the
facility, and, commencing 60 days thereafter, the facility shall not
be used for the secure detention of a minor until the time the judge
or the board, as the case may be, finds, after reinspection, that the
conditions that rendered the facility unsuitable have been remedied,
and the facility is a suitable place for the confinement of minors
in conformity with all requirements of law.
   The custodian of each law enforcement facility that contains a
lockup for adults shall make any report as may be requested by the
board or by the juvenile court to effectuate the purposes of this
subdivision.
   (c) The board shall collect biennial data on the number, place,
and duration of confinements of minors in jails and lockups, as
defined in subdivision (i) of Section 207.1, and shall publish
biennially this information in the form as it deems appropriate for
the purpose of providing public information on continuing compliance
with the requirements of Section 207.1.
   (d) Except as provided in subdivision (e), a juvenile hall,
special purpose juvenile hall, law enforcement facility, or jail
shall be unsuitable for the confinement of minors if it is not in
compliance with one or more of the minimum standards for juvenile
facilities adopted by the Board of Corrections under Section 210 or
210.2, and if, within 60 days of having received notice of
noncompliance from the board or the judge of the juvenile court, the
juvenile hall, special purpose juvenile hall, law enforcement
facility, or jail has failed to file an approved corrective action
plan with the Board of Corrections to correct the condition or
conditions of noncompliance of which it has been notified. The
corrective action plan shall outline how the juvenile hall, special
purpose juvenile hall, law enforcement facility, or jail plans to
correct the issue of noncompliance and give a reasonable timeframe,
not to exceed 90 days, for resolution, that the board shall either
approve or deny. In the event the juvenile hall, special purpose
juvenile hall, law enforcement facility, or jail fails to meet its
commitment to resolve noncompliance issues outlined in its corrective
action plan, the board shall make a determination of suitability at
its next scheduled meeting.
   (e) If a juvenile hall is not in compliance with one or more of
the minimum standards for juvenile facilities adopted by the Board of
Corrections under Section 210, and where the noncompliance arises
from sustained occupancy levels that are above the population
capacity permitted by applicable minimum standards, the juvenile hall
shall be unsuitable for the confinement of minors if the board or
the judge of the juvenile court determines that conditions in the
facility pose a serious risk to the health, safety, or welfare of
minors confined in the facility. In making its determination of
suitability, the board or the judge of the juvenile court shall
consider, in addition to the noncompliance with minimum standards,
the totality of conditions in the juvenile hall, including the extent
and duration of overpopulation as well as staffing, program,
physical plant, and medical and mental health care conditions in the
facility. The Board of Corrections may develop guidelines and
procedures for its determination of suitability in accordance with
this subdivision and to assist counties in bringing their juvenile
halls into full compliance with applicable minimum standards. This
subdivision shall not be interpreted to exempt a juvenile hall from
having to correct, in accordance with the provisions of subdivision
(d), any minimum standard violations that are not directly related to
overpopulation of the facility.
   (f) In accordance with the federal Juvenile Justice and
Delinquency Prevention Act of 2002 (42 U.S.C. Sec. 5601 et seq.), the
Corrections Standards Authority shall inspect and collect relevant
data from any facility that may be used for the secure detention of
minors.