AB 280: Segregated confinement.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-09-01
Current Status:
Failed
(2023-09-14: Ordered to inactive file at the request of Assembly Member Holden.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
The bill requires every jail, prison, and detention center in California to adopt written rules for segregated confinement—being in isolation more than 17 hours a day—and to post reports on its use. It bans involuntary segregation for young people (25 or younger), older people (60 or older), pregnant or recently postpartum people, and people with disabilities, and caps segregation at 15 consecutive days and 45 days in any 180‑day period. Facilities must document placements, provide frequent medical and safety checks, offer at least four hours of out‑of‑cell programming (including one hour of recreation), avoid extra restraints, allow brief medical isolation only, and submit to state inspection.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law establishes the state prisons under the jurisdiction of the Department of Corrections and Rehabilitation. Existing law places county jails under the jurisdiction of the sheriff for the confinement of persons sentenced to imprisonment for the conviction of a crime.
This bill would require every jail, prison, public or privately operated detention facility, and a facility in which individuals are subject to confinement or involuntary detention to develop and follow written procedures governing the management of segregated confinement, as specified, and to make those written procedures publicly available. The bill would require those facilities to document the use of segregated confinement by, among other things, providing written orders of that confinement to the individual confined, as specified. The bill would prohibit those facilities from involuntarily placing an individual in segregated confinement if the individual belongs to a designated population, including, among others, that the individual has a mental or physical disability or that the individual is under 26 years of age or over 59 years of age. The bill would require the facility to periodically check on the individual and have a medical or mental health professional periodically assess the individual. This bill would require a facility to offer out-of-cell programming to individuals in segregated confinement for at least 4 hours per day, not including time spent on an unpaid work assignment or in paid employment. The bill would require a facility to maximize the amount of time that an incarcerated person held in segregated confinement spends outside of their cell by providing outdoor and indoor recreation, education, clinically appropriate treatment therapies, and skill-building activities, as specified, and would require facilities to develop and provide appropriate programming to individuals that pose a significant safety risk to themselves or others, as specified. The bill would also authorize a facility to use segregated confinement to help treat and protect against the spread of communicable disease, under certain circumstances.
This bill would prohibit a facility from holding an individual in segregated confinement for more than 15 consecutive days and no more than 45 days in a 180-day period, as specified. This bill would also prohibit a facility from imposing limitations on services, treatment, or basic needs; conducting out-of-cell programming opportunities in a smaller cage or therapy module; placing an individual in segregated confinement on the basis of confidential information, as specified; using specified restraints when an individual is in segregated confinement; and using segregated confinement as a means of protecting an individual. This bill would require a facility administrator or chief physician to conduct a secondary review of a person in segregated confinements dispute regarding qualification in the designated populations category. This bill would require facilities to create and publish monthly, semiannual, and annual reports, as specified. The bill would require the Office of the Inspector General and the Board of State and Community Corrections to assess each facilitys compliance with the act, as specified. This bill would require local and state authorities to promulgate regulations or directives to implement the act, where applicable. The bill would declare these provisions to be severable. By imposing additional duties on county jails, this bill would create 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 the statutory provisions noted above.
Existing law establishes the state prisons under the jurisdiction of the Department of Corrections and Rehabilitation. Existing law places county jails under the jurisdiction of the sheriff for the confinement of persons sentenced to imprisonment for the conviction of a crime.
This bill would require every jail, prison, public or privately operated detention facility, and a facility in which individuals are subject to confinement or involuntary detention to develop and follow written procedures governing the management of segregated confinement, as specified, and to make those written procedures publicly available. The bill would require those facilities to document the use of segregated confinement by, among other things, providing written orders of that confinement to the individual confined, as specified. The bill would prohibit those facilities from involuntarily placing an individual in segregated confinement if the individual belongs to a designated population, including, among others, that the individual has a mental or physical disability or that the individual is under 26 years of age or over 59 years of age. The bill would require the facility to periodically check on the individual and have a medical or mental health professional periodically assess the individual. This bill would require a facility to offer out-of-cell programming to individuals in segregated confinement for at least 4 hours per day, not including time spent on an unpaid work assignment or in paid employment. The bill would require a facility to maximize the amount of time that an incarcerated person held in segregated confinement spends outside of their cell by providing outdoor and indoor recreation, education, clinically appropriate treatment therapies, and skill-building activities, as specified, and would require facilities to develop and provide appropriate programming to individuals that pose a significant safety risk to themselves or others, as specified. The bill would also authorize a facility to use segregated confinement to help treat and protect against the spread of communicable disease, under certain circumstances.
This bill would prohibit a facility from holding an individual in segregated confinement for more than 15 consecutive days and no more than 45 days in a 180-day period, as specified. This bill would also prohibit a facility from imposing limitations on services, treatment, or basic needs; conducting out-of-cell programming opportunities in a smaller cage or therapy module; placing an individual in segregated confinement on the basis of confidential information, as specified; using specified restraints when an individual is in segregated confinement; and using segregated confinement as a means of protecting an individual. This bill would require a facility administrator or chief physician to conduct a secondary review of a person in segregated confinements dispute regarding qualification in the designated populations category. This bill would require facilities to create and publish monthly, semiannual, and annual reports, as specified. The bill would require the Office of the Inspector General and the Board of State and Community Corrections to assess each facilitys compliance with the act, as specified. This bill would require local and state authorities to promulgate regulations or directives to implement the act, where applicable. The bill would declare these provisions to be severable. By imposing additional duties on county jails, this bill would create 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 the statutory provisions noted above.
Existing law establishes the state prisons under the jurisdiction of the Department of Corrections and Rehabilitation. Existing law places county jails under the jurisdiction of the sheriff for the confinement of persons sentenced to imprisonment for the conviction of a crime.
This bill would require every jail, prison, public or privately operated detention facility, and a facility in which individuals are subject to confinement or involuntary detention to develop and follow written procedures governing the management of segregated confinement, as specified, and to make those written procedures publicly available. The bill would require those facilities to document the use of segregated confinement by, among other things, providing written orders of that confinement to the individual confined, as specified. The bill would prohibit those facilities from involuntarily placing an individual in segregated confinement if the individual belongs to a designated population, including, among others, that the individual has a mental or physical disability or that the individual is under 26 years of age or over 59 years of age. The bill would require the facility to periodically check on the individual and have a medical or mental health professional periodically assess the individual. This bill would require a facility to offer out-of-cell programming to individuals in segregated confinement for at least 4 hours per day, not including time spent on an unpaid work assignment or in paid employment. The bill would require a facility to maximize the amount of time that an incarcerated person held in segregated confinement spends outside of their cell by providing outdoor and indoor recreation, education, clinically appropriate treatment therapies, and skill-building activities, as specified, and would require facilities to develop and provide appropriate programming to individuals that pose a significant safety risk to themselves or others, as specified. The bill would also authorize a facility to use segregated confinement to help treat and protect against the spread of communicable disease, under certain circumstances.
This bill would prohibit a facility from holding an individual in segregated confinement for more than 15 consecutive days and no more than 45 days in a 180-day period, as specified. This bill would also prohibit a facility from imposing limitations on services, treatment, or basic needs; conducting out-of-cell programming opportunities in a smaller cage or therapy module; placing an individual in segregated confinement on the basis of confidential information, as specified; using specified restraints when an individual is in segregated confinement; and using segregated confinement as a means of protecting an individual. This bill would require a facility administrator or chief physician to conduct a secondary review of a person in segregated confinements dispute regarding qualification in the designated populations category. This bill would require facilities to create and publish monthly, semiannual, and annual reports, as specified. The bill would require the Office of the Inspector General and the Board of State and Community Corrections to assess each facilitys compliance with the act, as specified. This bill would require local and state authorities to promulgate regulations or directives to implement the act, where applicable. The bill would declare these provisions to be severable. By imposing additional duties on county jails, this bill would create 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 the statutory provisions noted above.
Existing law establishes the state prisons under the jurisdiction of the Department of Corrections and Rehabilitation. Existing law places county jails under the jurisdiction of the sheriff for the confinement of persons sentenced to imprisonment for the conviction of a crime.
This bill would require every jail, prison, public or privately operated detention facility, and a facility in which individuals are subject to confinement or involuntary detention to develop and follow written procedures governing the management of segregated confinement, as specified. specified, and to make those written procedures publicly available. The bill would require those facilities to document the use of segregated confinement by, among other things, providing written orders of that confinement to the individual confined, as specified. The bill would prohibit those facilities from involuntarily placing an individual in segregated confinement if the individual belongs to a designated population, including, among others, that the individual has a mental or physical disability or that the individual is under 26 years of age or over 59 years of age. The bill would require the facility to periodically check on the individual and have a medical or mental health professional periodically assess the individual. This bill would require a facility to offer out-of-cell programming to individuals in segregated confinement for at least 4 hours per day, not including time spent on housekeeping an unpaid work assignment or in paid employment. The bill would require a facility to maximize the amount of time that an incarcerated person held in segregated confinement spends outside of their cell by providing outdoor and indoor recreation, education, clinically appropriate treatment therapies, and skill-building activities, as specified, and would require facilities to develop and provide appropriate programming to individuals that pose a significant safety risk to themselves or others, as specified. The bill would also authorize a facility to use segregated confinement to help treat and protect against the spread of communicable disease, under certain circumstances.
This bill would prohibit a facility from holding an individual in segregated confinement for more than 15 consecutive days and no more than 45 days in a 180-day period, as specified. This bill would also prohibit a facility from imposing limitations on services, treatment, or basic needs; conducting out-of-cell programming opportunities in a smaller cage or therapy module; placing an individual in segregated confinement on the basis of confidential information, as specified; using specified restraints when an individual is in segregated confinement; and using segregated confinement as a means of protecting an individual. This bill would require a facility administrator or chief physician to conduct a secondary review of a person in segregated confinements dispute regarding qualification in the designated populations category. This bill would require facilities to create and publish monthly, semiannual, and annual reports, as specified. The bill would require the Office of the Inspector General and the Board of State and Community Corrections to assess each facilitys compliance with the act, as specified. This bill would require local and state authorities to promulgate regulations or directives to implement the act, where applicable. The bill would declare these provisions to be severable. By imposing additional duties on county jails, this bill would create 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 the statutory provisions noted above.
Existing law establishes the state prisons under the jurisdiction of the Department of Corrections and Rehabilitation. Existing law places county jails under the jurisdiction of the sheriff for the confinement of persons sentenced to imprisonment for the conviction of a crime.
This bill would require every jail, prison, public or privately operated detention facility, and a facility in which individuals are subject to confinement or involuntary detention to develop and follow written procedures governing the management of segregated confinement, as specified. The bill would require those facilities to document the use of segregated confinement by, among other things, providing written orders of that confinement to the individual confined, as specified. The bill would prohibit those facilities from involuntarily placing an individual in segregated confinement if the individual belongs to a designated population, including, among others, that the individual has a mental or physical disability or that the individual is under 26 years of age or over 59 years of age. The bill would require the facility to periodically check on the individual and have a medical or mental health professional periodically assess the individual. This bill would require a facility to offer out-of-cell programming to individuals in segregated confinement for at least 4 hours per day, not including time spent on housekeeping or in paid employment. The bill would require a facility to maximize the amount of time that an incarcerated person held in segregated confinement spends outside of their cell by providing outdoor and indoor recreation, education, clinically appropriate treatment therapies, and skill-building activities, as specified, and would require facilities to develop and provide appropriate programming to individuals that pose a significant safety risk to themselves or others, as specified. The bill would also authorize a facility to use segregated confinement to help treat and protect against the spread of communicable disease, under certain circumstances.
This bill would prohibit a facility from holding an individual in segregated confinement for more than 15 consecutive days and no more than 45 days in a 180-day period, as specified. This bill would also prohibit a facility from imposing limitations on services, treatment, or basic needs; conducting out-of-cell programming opportunities in a smaller cage or therapy module; placing an individual in segregated confinement on the basis of confidential information, as specified; using specified restraints when an individual is in segregated confinement; and using segregated confinement as a means of protecting an individual. This bill would require a facility administrator or chief physician to conduct a secondary review of a person in segregated confinements dispute regarding qualification in the designated populations category. This bill would require facilities to create and publish monthly, semiannual, and annual reports, as specified. The bill would require the Office of the Inspector General and the Board of State and Community Corrections to assess each facilitys compliance with the act, as specified. This bill would require local and state authorities to promulgate regulations or directives to implement the act, where applicable. The bill would declare these provisions to be severable. By imposing additional duties on county jails, this bill would create 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 the statutory provisions noted above.
For the purposes of this article, all of the following terms have the following meanings:
(a)Facility means any of the following facilities in California:
(1)Private detention facilities.
(2)Jails and prisons.
(3)Detention facilities.
(b)Detention facility means a facility in which persons are incarcerated or otherwise involuntarily detained or confined for purposes of execution of a punitive sentence imposed by a court or detention pending a trial, hearing, or other judicial or administrative proceeding.
(c)Private detention facility means a detention facility that is operated by a private, nongovernmental, for-profit entity and is operating pursuant to a contract or agreement with a local, state, or federal governmental entity.
(d)(1)Segregated confinement means the confinement of an individual, in a cell or similarly confined holding or living space, alone or with other individuals, with severely restricted activity, movement, or minimal or no contact with persons other than custodial staff for more than 17 hours per day.
(2)Segregated confinement is determined by time spent in a cell and contact with persons other than custodial staff.
(3)Segregated confinement does not apply to extraordinary, emergency circumstances that require a significant departure from normal institutional operations, including a natural disaster or facilitywide threat that poses an imminent and substantial risk of harm. This exception applies for the shortest amount of time needed to address the imminent and substantial risk of harm.
(e)Designated populations means any person who is 25 years of age or younger, not including persons protected by Section 208.3 of the Welfare and Institutions Code; is 60 years of age or older; is with a mental or physical disability as defined in Section 12926 of the Government Code; is pregnant; is in the first eight weeks of the postpartum recovery period after giving birth; or has recently suffered a miscarriage or terminated a pregnancy.
(f)Medical professional means a licensed physician, physician assistant, or nurse practitioner.
(g)Mental health professional means someone who makes mental health evaluations and is a licensed psychiatrist, psychologist, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or an advanced practice nurse or clinical nurse specialist with a specialty in psychiatric nursing.
2697.2.(a)Every facility shall develop and follow written procedures governing the management of segregated confinement that also meet the standards of care of the type of facility, and shall make those written procedures publicly available.
(b)Every facility shall document the use of segregated confinement, including, but not limited to, through all of the following procedures:
(1)A written order shall be completed and approved by the facility administrator or designee within 24 hours of a person being placed in segregated confinement.
(2)The order shall be provided to the individual within 24 hours of placement in segregated confinement and its contents communicated to them in a language or manner the individual can understand.
(3)A clear and consistent log shall be kept, detailing the time spent in segregated confinement and the necessary compliance with the standards required for that confinement.
(4)The written records required by this subdivision shall be maintained by the facility and updated daily.
(c)When an individual is placed in segregated confinement, the facility shall do all of the following:
(1)Document the facts and circumstances that led to placing the individual into segregated confinement.
(2)Document the date and time that the individual was placed into segregated confinement.
(3)Notify its medical or mental health professionals in writing within 12 hours of placing an individual in segregated confinement.
(4)At least twice per hour, check on the individual involuntarily placed in segregated confinement. If the individual is demonstrating unusual behavior or has indicated suicidality or self-harm, the facility shall monitor the individual every 15 minutes, or more frequently, unless a medical or mental health professional recommends more frequent checks.
(5)Every 24 hours, have a medical or mental health professional assess the individual involuntarily placed in segregated confinement and have a mental health professional assess the individual every 48 hours for ongoing placement in segregated confinement.
(6)Provide the individual a clear explanation of the reason they have been placed in segregated confinement, the monitoring procedures that the facility will employ to check the individual, and the date and time of the individuals next court date, if applicable. This explanation shall be provided to the individual in writing, in a language or manner the individual can understand, within 24 hours of placement in segregated confinement.
(7)A facility shall impose no limitation on services, treatment, or basic needs, such as clothing, food, and bedding. The facility shall not impose restricted diets or any other change in diet as a form of punishment. An individual shall not be denied access to their legal counsel or representative while in segregated confinement.
(8)Offer out-of-cell programming to a person in segregated confinement at least four hours per day, including at least one hour for recreation. A person in segregated confinement shall be offered programming led by program or therapeutic staff that is comparable to the programming offered to a person in the general population. All other out-of-cell time may include peer-led programs, time in a day room or out-of-cell recreation area with other people, congregate meals, volunteer programs, or other congregate activities unless the facility administrator or medical or mental health professional determines that the person poses an extraordinary and unacceptable risk of imminent physical harm to the safety or security of other detained people or staff. In those cases, the facility shall provide the individual with the required out-of-cell time in an appropriate manner that provides access to staff-based programming and contact with persons other than custodial staff. A facility shall document any program restrictions it imposes and articulate, in writing, the basis for limiting access to congregate programming with a copy provided to the detained person that contains the specific reason why the person currently poses an extraordinary and unacceptable risk of imminent physical harm to the safety or security of detained persons or staff. A facility shall not conduct out-of-cell programming opportunities in a smaller cage or therapy module. Time spent on an unpaid work assignment or in paid employment shall not be considered out-of-cell programming.
(9)Not use additional shackles, legcuffs, double lock leg irons, or other restrictive means when an individual is in segregated confinement, including, but not limited to, transportation to recreation, programs, and other services, unless an individual assessment is documented that restraints are required because of an imminent, significant, and unreasonable risk to the safety and security of other detained persons or staff.
(d)A facility shall maximize the amount of time that an incarcerated person held in segregated confinement spends outside of their cell by providing outdoor and indoor recreation, education, clinically appropriate treatment therapies, and skill-building activities. Cells or other holding or living spaces used for segregated confinement shall be properly ventilated, appropriately lit according to the time of day, temperature-monitored, clean, and equipped with properly functioning sanitary fixtures.
(e)A facility shall develop and provide appropriate programming to individuals that pose a significant safety risk to themselves or others and shall provide opportunities for individuals to transition to less restrictive housing that are not segregated confinement, as defined in paragraph (1) of subdivision (d) of Section 2697, including, but not limited to, evidence-based transition programs and models found to be effective and successful in other carceral facilities. This can include, but is not limited to, all of the following:
(1)Transition pods, which provide participants with the opportunity to interact with other incarcerated individuals while out of restraints.
(2)Transition groups, which are a revolving group that assists individuals who are preparing to be promoted to lower custody levels.
(3)Residential rehabilitation units that are designed to provide access to therapy, treatment, and rehabilitative programming for individuals who have been determined to require more than 15 days of segregated confinement. These units shall be therapeutic and trauma informed, and aim to address individual treatment and rehabilitation needs and underlying causes of problematic behaviors.
(f)A facility shall not send a detained person to segregated confinement as a means of protection from the rest of the detained population or alternative means of separation from a likely abuser. If an individual fears for their safety, the facility shall transfer them to a more appropriate custody, including, but not limited to, a single cell with sufficient programming and out-of-cell time such that it is not segregated confinement, a different section of the facility, or a sensitive needs yard or individual housing. Placement in these alternative forms of custody shall give full access to out-of-cell time, programming, and other services available to the rest of the detained population.
(g)A facility shall not hold an individual in segregated confinement for more than 15 consecutive days and no more than 45 days total in a 180-day period. On or before the 15th consecutive day in segregated confinement, a facility shall transfer the individual out of segregated confinement to an appropriate congregate or individual setting. In either case, whether held in a congregate or individual setting, the facility shall allow the individual at least six hours of daily out-of-cell congregate programming, services, treatment, and meals with an additional minimum of one hour of congregate recreation.
(h)(1)A facility shall not involuntarily place an individual in segregated confinement, including for disciplinary reasons, if the individual belongs to a designated population.
(2)If a person in segregated confinement disputes a decision made by facility staff or facility medical professionals regarding qualification in the designated populations category, the person may request and receive a secondary review of the determination.
(3)The facility administrator or chief physician shall conduct the secondary review, as appropriate.
(i)A facility shall not place a person in segregated confinement solely on the basis of confidential information considered by the facility staff but not provided to the individual placed in segregated confinement or included in required records.
(j)A facility shall not place a person in segregated confinement solely on the basis of the person identifying as lesbian, gay, bisexual, transgender, or gender nonconforming.
(k)A facility may use segregated confinement for medical isolation purposes, to treat and protect against the spread of a communicable disease for the shortest amount of time required to reduce the risk of infection, in accordance with state and federal public health guidance and with the written approval of a licensed physician or nurse practitioner.
(l)Each facility shall create a monthly report, on the first day of each month, as well as semiannual and annual cumulative reports. Each facility shall make the reports available to the public by posting them to the facilitys internet website. The reports shall include the total number of individuals held in segregated confinement in the prior month and data pertaining to individuals in segregated confinement, including, but not limited to, age, race, gender, and number of days in segregated confinement.
(m)The Office of the Inspector General shall assess each correctional facility within the Department of Corrections and Rehabilitation, including private detention facilities, for compliance with this article, relating to segregated confinement, and shall issue a public report, no less than annually, with recommendations to the Legislature regarding all aspects of segregated confinement in correctional facilities, including, but not limited to, policies and practices concerning placement of persons in segregated confinement; designated populations; length of time spent in segregated confinement; hearings and procedures; programs, treatment, and conditions of confinement in segregated confinement; and assessments and rehabilitation plans, procedures, and discharge determinations. The office shall have full access to all records of facilities in their jurisdiction pertaining to segregated confinement and may conduct site inspections as appropriate.
(n)The Board of State and Community Corrections shall assess each local correctional facility, including private detention facilities, for compliance with this article, relating to segregated confinement, and shall issue a public report, no less than annually, with recommendations to the Legislature regarding all aspects of segregated confinement in correctional facilities, including, but not limited to, policies and practices concerning placement of persons in segregated confinement; designated populations; length of time spent in segregated confinement; hearings and procedures; programs, treatment, and conditions of confinement in segregated confinement; and assessments and rehabilitation plans, procedures, and discharge determinations. The board shall have full access to all records of facilities in their jurisdiction pertaining to segregated confinement and may conduct site inspections as appropriate.
(o)Local and state authorities shall promulgate regulations or directives implementing this article, where applicable.
(p)This section does not remove or reduce the requirements on health care facilities contained in Sections 70577, 71545, 72407, 72409, 72411, 72413, 73403, 73405, 73407, and 73409 of Title 22 of the California Code of Regulations.
2697.7.(a)The provisions of this article are severable. If any part of this article is declared invalid or unconstitutional, that declaration shall not affect the part which remains.
(b)Nothing in this article shall be construed as mandating construction. A facility may repurpose existing space to accommodate out-of-cell time and programming for individuals, so that it can be accomplished in a safe and humane manner. A facility may redesignate existing facilities and cells to comply with this article.
(c)Nothing in this article shall be construed as eliminating the use of individual housing when reasonable, appropriate, or required, including when that housing is requested by an individual and deemed appropriate.
(d)No provision of this article shall be construed as requiring a facility to place an individual in the general population or congregate housing once they reach the 15-day limit on segregated confinement in subdivision (g) of Section 2697.2. The facility shall seek to place the individual in appropriate housing, including, but not limited to, individual housing with adequate programming and support in order to ensure the safety and well-being of the individual, as well as other individuals in the facility and staff.
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.
For the purposes of this article, all of the following terms have the following meanings:
(a)Facility means any of the following facilities in California:
(1)Private detention facilities.
(2)Jails and prisons.
(3)Detention facilities.
(b)Detention facility means a facility in which persons are incarcerated or otherwise involuntarily detained or confined for purposes of execution of a punitive sentence imposed by a court or detention pending a trial, hearing, or other judicial or administrative proceeding.
(c)Private detention facility means a detention facility that is operated by a private, nongovernmental, for-profit entity and is operating pursuant to a contract or agreement with a local, state, or federal governmental entity.
(d)(1)Segregated confinement means the confinement of an individual, in a cell or similarly confined holding or living space, alone or with other individuals, with severely restricted activity, movement, or minimal or no contact with persons other than custodial staff for more than 17 hours per day.
(2)Segregated confinement is determined by time spent in a cell and contact with persons other than custodial staff.
(3)Segregated confinement does not apply to extraordinary, emergency circumstances that require a significant departure from normal institutional operations, including a natural disaster or facilitywide threat that poses an imminent and substantial risk of harm. This exception applies for the shortest amount of time needed to address the imminent and substantial risk of harm.
(e)Designated populations means any person who is 25 years of age or younger, not including persons protected by Section 208.3 of the Welfare and Institutions Code; is 60 years of age or older; is with a mental or physical disability as defined in Section 12926 of the Government Code; is pregnant; is in the first eight weeks of the postpartum recovery period after giving birth; or has recently suffered a miscarriage or terminated a pregnancy.
(f)Medical professional means a licensed physician, physician assistant, or nurse practitioner.
(g)Mental health professional means someone who makes mental health evaluations and is a licensed psychiatrist, psychologist, licensed clinical social worker, licensed marriage and family therapist, or an advanced practice nurse or clinical nurse specialist with a specialty in psychiatric nursing.
2697.2.(a)Every facility shall develop and follow written procedures governing the management of segregated confinement that also meet the standards of care of the type of facility, and shall make those written procedures publicly available.
(b)Every facility shall document the use of segregated confinement, including, but not limited to, through all of the following procedures:
(1)A written order shall be completed and approved by the facility administrator or designee within 24 hours of a person being placed in segregated confinement.
(2)The order shall be provided to the individual within 24 hours of placement in segregated confinement and its contents communicated to them in a language or manner the individual can understand.
(3)A clear and consistent log shall be kept, detailing the time spent in segregated confinement and the necessary compliance with the standards required for that confinement.
(4)The written records required by this subdivision shall be maintained by the facility and updated daily.
(c)When an individual is placed in segregated confinement, the facility shall do all of the following:
(1)Document the facts and circumstances that led to placing the individual into segregated confinement.
(2)Document the date and time that the individual was placed into segregated confinement.
(3)Notify its medical or mental health professionals in writing within 12 hours of placing an individual in segregated confinement.
(4)At least twice per hour, check on the individual involuntarily placed in segregated confinement. If the individual is demonstrating unusual behavior or has indicated suicidality or self-harm, the facility shall monitor the individual every 15 minutes, or more frequently, unless a medical or mental health professional recommends more frequent checks.
(5)Every 24 hours, have a medical or mental health professional assess the individual involuntarily placed in segregated confinement and have a mental health professional assess the individual every 48 hours for ongoing placement in segregated confinement.
(6)Provide the individual a clear explanation of the reason they have been placed in segregated confinement, the monitoring procedures that the facility will employ to check the individual, and the date and time of the individuals next court date, if applicable. This explanation shall be provided to the individual in writing, in a language or manner the individual can understand, within 24 hours of placement in segregated confinement.
(7)A facility shall impose no limitation on services, treatment, or basic needs, such as clothing, food, and bedding. The facility shall not impose restricted diets or any other change in diet as a form of punishment. An individual shall not be denied access to their legal counsel or representative while in segregated confinement.
(8)Offer out-of-cell programming to a person in segregated confinement at least four hours per day, including at least one hour for recreation. A person in segregated confinement shall be offered programming led by program or therapeutic staff that is comparable to the programming offered to a person in the general population. All other out-of-cell time may include peer-led programs, time in a day room or out-of-cell recreation area with other people, congregate meals, volunteer programs, or other congregate activities unless the facility administrator or medical or mental health professional determines that the person poses an extraordinary and unacceptable risk of imminent physical harm to the safety or security of other detained people or staff. In those cases, the facility shall provide the individual with the required out-of-cell time in an appropriate manner that provides access to staff-based programming and contact with persons other than custodial staff. A facility shall document any program restrictions it imposes and articulate, in writing, the basis for limiting access to congregate programming with a copy provided to the detained person that contains the specific reason why the person currently poses an extraordinary and unacceptable risk of imminent physical harm to the safety or security of detained persons or staff. A facility shall not conduct out-of-cell programming opportunities in a smaller cage or therapy module. Time spent on an unpaid work assignment or in paid employment shall not be considered out-of-cell programming.
(9)Not use additional shackles, legcuffs, double lock leg irons, or other restrictive means when an individual is in segregated confinement, including, but not limited to, transportation to recreation, programs, and other services, unless an individual assessment is documented that restraints are required because of an imminent, significant, and unreasonable risk to the safety and security of other detained persons or staff.
(d)A facility shall maximize the amount of time that an incarcerated person held in segregated confinement spends outside of their cell by providing outdoor and indoor recreation, education, clinically appropriate treatment therapies, and skill-building activities. Cells or other holding or living spaces used for segregated confinement shall be properly ventilated, appropriately lit according to the time of day, temperature-monitored, clean, and equipped with properly functioning sanitary fixtures.
(e)A facility shall develop and provide appropriate programming to individuals that pose a significant safety risk to themselves or others and shall provide opportunities for individuals to transition to less restrictive housing that are not segregated confinement, as defined in paragraph (1) of subdivision (d) of Section 2697, including, but not limited to, evidence-based transition programs and models found to be effective and successful in other carceral facilities. This can include, but is not limited to, all of the following:
(1)Transition pods, which provide participants with the opportunity to interact with other incarcerated individuals while out of restraints.
(2)Transition groups, which are a revolving group that assists individuals who are preparing to be promoted to lower custody levels.
(3)Residential rehabilitation units that are designed to provide access to therapy, treatment, and rehabilitative programming for individuals who have been determined to require more than 15 days of segregated confinement. These units shall be therapeutic and trauma informed, and aim to address individual treatment and rehabilitation needs and underlying causes of problematic behaviors.
(f)A facility shall not send a detained person to segregated confinement as a means of protection from the rest of the detained population or alternative means of separation from a likely abuser. If an individual fears for their safety, the facility shall transfer them to a more appropriate custody, including, but not limited to, a single cell with sufficient programming and out-of-cell time such that it is not segregated confinement, a different section of the facility, or a sensitive needs yard or individual housing. Placement in these alternative forms of custody shall give full access to out-of-cell time, programming, and other services available to the rest of the detained population.
(g)A facility shall not hold an individual in segregated confinement for more than 15 consecutive days and no more than 45 days total in a 180-day period. On or before the 15th consecutive day in segregated confinement, a facility shall transfer the individual out of segregated confinement to an appropriate congregate or individual setting. In either case, whether held in a congregate or individual setting, the facility shall allow the individual at least six hours of daily out-of-cell congregate programming, services, treatment, and meals with an additional minimum of one hour of congregate recreation.
(h)(1)A facility shall not involuntarily place an individual in segregated confinement, including for disciplinary reasons, if the individual belongs to a designated population.
(2)If a person in segregated confinement disputes a decision made by facility staff or facility medical professionals regarding qualification in the designated populations category, the person may request and receive a secondary review of the determination.
(3)The facility administrator or chief physician shall conduct the secondary review, as appropriate.
(i)A facility shall not place a person in segregated confinement solely on the basis of confidential information considered by the facility staff but not provided to the individual placed in segregated confinement or included in required records.
(j)A facility shall not place a person in segregated confinement solely on the basis of the person identifying as lesbian, gay, bisexual, transgender, or gender nonconforming.
(k)A facility may use segregated confinement for medical isolation purposes, to treat and protect against the spread of a communicable disease for the shortest amount of time required to reduce the risk of infection, in accordance with state and federal public health guidance and with the written approval of a licensed physician or nurse practitioner.
(l)Each facility shall create a monthly report, on the first day of each month, as well as semiannual and annual cumulative reports. Each facility shall make the reports available to the public by posting them to the facilitys internet website. The reports shall include the total number of individuals held in segregated confinement in the prior month and data pertaining to individuals in segregated confinement, including, but not limited to, age, race, gender, and number of days in segregated confinement.
(m)The Office of the Inspector General shall assess each correctional facility within the Department of Corrections and Rehabilitation, including private detention facilities, for compliance with this article, relating to segregated confinement, and shall issue a public report, no less than annually, with recommendations to the Legislature regarding all aspects of segregated confinement in correctional facilities, including, but not limited to, policies and practices concerning placement of persons in segregated confinement; designated populations; length of time spent in segregated confinement; hearings and procedures; programs, treatment, and conditions of confinement in segregated confinement; and assessments and rehabilitation plans, procedures, and discharge determinations. The office shall have full access to all records of facilities in their jurisdiction pertaining to segregated confinement and may conduct site inspections as appropriate.
(n)The Board of State and Community Corrections shall assess each local correctional facility, including private detention facilities, for compliance with this article, relating to segregated confinement, and shall issue a public report, no less than annually, with recommendations to the Legislature regarding all aspects of segregated confinement in correctional facilities, including, but not limited to, policies and practices concerning placement of persons in segregated confinement; designated populations; length of time spent in segregated confinement; hearings and procedures; programs, treatment, and conditions of confinement in segregated confinement; and assessments and rehabilitation plans, procedures, and discharge determinations. The board shall have full access to all records of facilities in their jurisdiction pertaining to segregated confinement and may conduct site inspections as appropriate.
(o)Local and state authorities shall promulgate regulations or directives implementing this article, where applicable.
(p)This section does not remove or reduce the requirements on health care facilities contained in Sections 70577, 71545, 72407, 72409, 72411, 72413, 73403, 73405, 73407, and 73409 of Title 22 of the California Code of Regulations.
2697.7.(a)The provisions of this article are severable. If any part of this article is declared invalid or unconstitutional, that declaration shall not affect the part which remains.
(b)Nothing in this article shall be construed as mandating construction. A facility may repurpose existing space to accommodate out-of-cell time and programming for individuals, so that it can be accomplished in a safe and humane manner. A facility may redesignate existing facilities and cells to comply with this article.
(c)Nothing in this article shall be construed as eliminating the use of individual housing when reasonable, appropriate, or required, including when that housing is requested by an individual and deemed appropriate.
(d)No provision of this article shall be construed as requiring a facility to place an individual in the general population or congregate housing once they reach the 15-day limit on segregated confinement in subdivision (g) of Section 2697.2. The facility shall seek to place the individual in appropriate housing, including, but not limited to, individual housing with adequate programming and support in order to ensure the safety and well-being of the individual, as well as other individuals in the facility and staff.
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.
For the purposes of this article, all of the following terms have the following meanings:
(a)Facility means any of the following facilities in California:
(1)Private detention facilities.
(2)Jails and prisons.
(3)Detention facilities.
(b)Detention facility means a facility in which persons are incarcerated or otherwise involuntarily detained or confined for purposes of execution of a punitive sentence imposed by a court or detention pending a trial, hearing, or other judicial or administrative proceeding.
(c)Private detention facility means a detention facility that is operated by a private, nongovernmental, for-profit entity and is operating pursuant to a contract or agreement with a local, state, or federal governmental entity.
(d)(1)Segregated confinement means the confinement of an individual, in a cell or similarly confined holding or living space, alone or with other individuals, with severely restricted activity, movement, or minimal or no contact with persons other than custodial staff for more than 17 hours per day.
(2)Segregated confinement is determined by time spent in a cell and contact with persons other than custodial staff.
(3)Segregated confinement does not apply to extraordinary, emergency circumstances that require a significant departure from normal institutional operations, including a natural disaster or facilitywide threat that poses an imminent and substantial risk of harm. This exception applies for the shortest amount of time needed to address the imminent and substantial risk of harm.
(e)Designated populations means any person who is 25 years of age or younger, not including persons protected by Section 208.3 of the Welfare and Institutions Code; is 60 years of age or older; is with a mental or physical disability as defined in Section 12926 of the Government Code; is pregnant; is in the first eight weeks of the postpartum recovery period after giving birth; or has recently suffered a miscarriage or terminated a pregnancy.
(f)Medical professional means a licensed physician, licensed clinical social worker, physician assistant, or nurse practitioner.
(g)Mental health professional means someone who makes mental health evaluations and is a licensed psychiatrist, psychologist, licensed clinical social worker, or an advanced practice nurse or clinical nurse specialist with a specialty in psychiatric nursing.
2697.2.(a)Every facility shall develop and follow written procedures governing the management of segregated confinement that also meet the standards of care of the type of facility, and shall make those written procedures publicly available.
(b)Every facility shall document the use of segregated confinement, including, but not limited to, through all of the following procedures:
(1)A written order shall be completed and approved by the facility administrator or designee within 24 hours of a person being placed in segregated confinement.
(2)The order shall be provided to the individual within 24 hours of placement in segregated confinement and its contents communicated to them in a language or manner the individual can understand.
(3)A clear and consistent log shall be kept, detailing the time spent in segregated confinement and the necessary compliance with the standards required for that confinement.
(4)The written records required by this subdivision shall be maintained by the facility and updated daily.
(c)When an individual is placed in segregated confinement, the facility shall do all of the following:
(1)Document the facts and circumstances that led to placing the individual into segregated confinement.
(2)Document the date and time that the individual was placed into segregated confinement.
(3)Notify its medical or mental health professionals in writing within 12 hours of placing an individual in segregated confinement.
(4)At least twice per hour, check on the individual involuntarily placed in segregated confinement. If the individual is demonstrating unusual behavior or has indicated suicidality or self-harm, the facility shall monitor the individual every 15 minutes, or more frequently, unless a medical or mental health professional recommends more frequent checks.
(5)Every 24 hours, have a medical or mental health professional assess the individual involuntarily placed in segregated confinement and have a mental health professional assess the individual every 48 hours for ongoing placement in segregated confinement.
(6)Provide the individual a clear explanation of the reason they have been placed in segregated confinement, the monitoring procedures that the facility will employ to check the individual, and the date and time of the individuals next court date, if applicable. This explanation shall be provided to the individual in writing, in a language or manner the individual can understand, within 24 hours of placement in segregated confinement.
(7)A facility shall impose no limitation on services, treatment, or basic needs, such as clothing, food, and bedding. The facility shall not impose restricted diets or any other change in diet as a form of punishment. An individual shall not be denied access to their legal counsel or representative while in segregated confinement.
(8)Offer out-of-cell programming to a person in segregated confinement at least four hours per day, including at least one hour for recreation. A person in segregated confinement shall be offered programming led by program or therapeutic staff that is comparable to the programming offered to a person in the general population. All other out-of-cell time may include peer-led programs, time in a day room or out-of-cell recreation area with other people, congregate meals, volunteer programs, or other congregate activities unless the facility administrator or medical or mental health professional determines that the person poses an extraordinary and unacceptable risk of imminent physical harm to the safety or security of other detained people or staff. In those cases, the facility shall provide the individual with the required out-of-cell time in an appropriate manner that provides access to staff-based programming and contact with persons other than custodial staff. A facility shall document any program restrictions it imposes and articulate, in writing, the basis for limiting access to congregate programming with a copy provided to the detained person that contains the specific reason why the person currently poses an extraordinary and unacceptable risk of imminent physical harm to the safety or security of detained persons or staff. A facility shall not conduct out-of-cell programming opportunities in a smaller cage or therapy module. Time spent on an unpaid work assignment or in paid employment shall not be considered out-of-cell programming.
(9)Not use additional shackles, legcuffs, double lock leg irons, or other restrictive means when an individual is in segregated confinement, including, but not limited to, transportation to recreation, programs, and other services, unless an individual assessment is documented that restraints are required because of an imminent, significant, and unreasonable risk to the safety and security of other detained persons or staff.
(d)A facility shall maximize the amount of time that an incarcerated person held in segregated confinement spends outside of their cell by providing outdoor and indoor recreation, education, clinically appropriate treatment therapies, and skill-building activities. Cells or other holding or living spaces used for segregated confinement shall be properly ventilated, appropriately lit according to the time of day, temperature-monitored, clean, and equipped with properly functioning sanitary fixtures.
(e)A facility shall develop and provide appropriate programming to individuals that pose a significant safety risk to themselves or others and shall provide opportunities for individuals to transition to less restrictive housing that are not segregated confinement, as defined in paragraph (1) of subdivision (d) of Section 2697, including, but not limited to, evidence-based transition programs and models found to be effective and successful in other carceral facilities. This can include, but is not limited to, all of the following:
(1)Transition pods, which provide participants with the opportunity to interact with other incarcerated individuals while out of restraints.
(2)Transition groups, which are a revolving group that assists individuals who are preparing to be promoted to lower custody levels.
(3)Residential rehabilitation units that are designed to provide access to therapy, treatment, and rehabilitative programming for individuals who have been determined to require more than 15 days of segregated confinement. These units shall be therapeutic and trauma informed, and aim to address individual treatment and rehabilitation needs and underlying causes of problematic behaviors.
(f)A facility shall not send a detained person to segregated confinement as a means of protection from the rest of the detained population or alternative means of separation from a likely abuser. If an individual fears for their safety, the facility shall transfer them to a more appropriate custody, including, but not limited to, a single cell with sufficient programming and out-of-cell time such that it is not segregated confinement, a different section of the facility, or a sensitive needs yard or individual housing. Placement in these alternative forms of custody shall give full access to out-of-cell time, programming, and other services available to the rest of the detained population.
(g)A facility shall not hold an individual in segregated confinement for more than 15 consecutive days and no more than 45 days total in a 180-day period. On or before the 15th consecutive day in segregated confinement, a facility shall transfer the individual out of segregated confinement to an appropriate congregate or individual setting. In either case, whether held in a congregate or individual setting, the facility shall allow the individual at least six hours of daily out-of-cell congregate programming, services, treatment, and meals with an additional minimum of one hour of congregate recreation.
(h)(1)A facility shall not involuntarily place an individual in segregated confinement, including for disciplinary reasons, if the individual belongs to a designated population.
(2)If a person in segregated confinement disputes a decision made by facility staff or facility medical professionals regarding qualification in the designated populations category, the person may request and receive a secondary review of the determination.
(3)The facility administrator or chief physician shall conduct the secondary review, as appropriate.
(i)A facility shall not place a person in segregated confinement solely on the basis of confidential information considered by the facility staff but not provided to the individual placed in segregated confinement or included in required records.
(j)A facility shall not place a person in segregated confinement solely on the basis of the person identifying as lesbian, gay, bisexual, transgender, or gender nonconforming.
(k)A facility may use segregated confinement for medical isolation purposes, to treat and protect against the spread of a communicable disease for the shortest amount of time required to reduce the risk of infection, in accordance with state and federal public health guidance and with the written approval of a licensed physician or nurse practitioner.
(l)Each facility shall create a monthly report, on the first day of each month, as well as semiannual and annual cumulative reports. Each facility shall make the reports available to the public by posting them to the facilitys internet website. The reports shall include the total number of individuals held in segregated confinement in the prior month and data pertaining to individuals in segregated confinement, including, but not limited to, age, race, gender, and number of days in segregated confinement.
(m)The Office of the Inspector General shall assess each correctional facility within the Department of Corrections and Rehabilitation, including private detention facilities, for compliance with this article, relating to segregated confinement, and shall issue a public report, no less than annually, with recommendations to the Legislature regarding all aspects of segregated confinement in correctional facilities, including, but not limited to, policies and practices concerning placement of persons in segregated confinement; designated populations; length of time spent in segregated confinement; hearings and procedures; programs, treatment, and conditions of confinement in segregated confinement; and assessments and rehabilitation plans, procedures, and discharge determinations. The office shall have full access to all records of facilities in their jurisdiction pertaining to segregated confinement and may conduct site inspections as appropriate.
(n)The Board of State and Community Corrections shall assess each local correctional facility, including private detention facilities, for compliance with this article, relating to segregated confinement, and shall issue a public report, no less than annually, with recommendations to the Legislature regarding all aspects of segregated confinement in correctional facilities, including, but not limited to, policies and practices concerning placement of persons in segregated confinement; designated populations; length of time spent in segregated confinement; hearings and procedures; programs, treatment, and conditions of confinement in segregated confinement; and assessments and rehabilitation plans, procedures, and discharge determinations. The board shall have full access to all records of facilities in their jurisdiction pertaining to segregated confinement and may conduct site inspections as appropriate.
(o)Local and state authorities shall promulgate regulations or directives implementing this article, where applicable.
(p)This section does not remove or reduce the requirements on health care facilities contained in Sections 70577, 71545, 72407, 72409, 72411, 72413, 73403, 73405, 73407, and 73409 of Title 22 of the California Code of Regulations.
2697.7.(a)The provisions of this article are severable. If any part of this article is declared invalid or unconstitutional, that declaration shall not affect the part which remains.
(b)Nothing in this article shall be construed as mandating construction. A facility may repurpose existing space to accommodate out-of-cell time and programming for individuals, so that it can be accomplished in a safe and humane manner. A facility may redesignate existing facilities and cells to comply with this article.
(c)Nothing in this article shall be construed as eliminating the use of individual housing when reasonable, appropriate, or required, including when that housing is requested by an individual and deemed appropriate.
(d)No provision of this article shall be construed as requiring a facility to place an individual in the general population or congregate housing once they reach the 15-day limit on segregated confinement in subdivision (g) of Section 2697.2. The facility shall seek to place the individual in appropriate housing, including, but not limited to, individual housing with adequate programming and support in order to ensure the safety and well-being of the individual, as well as other individuals in the facility and staff.
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.
For the purposes of this article, all of the following terms have the following meanings:
(a)Facility means any of the following facilities in California:
(1)Private detention facilities.
(2)Jails and prisons.
(3)Detention facilities.
(4)A facility in which individuals are subject to confinement or involuntary detention.(b)Detention facility means a facility in which persons are incarcerated or otherwise involuntarily detained or confined for purposes of execution of a punitive sentence imposed by a court or detention pending a trial, hearing, or other judicial or administrative proceeding.
(c)Private detention facility means a detention facility that is operated by a private, nongovernmental, for-profit entity and is operating pursuant to a contract or agreement with a local, state, or federal governmental entity.
(d)(1)Segregated confinement means the confinement of an individual, in a cell or similarly confined holding or living space, alone or with other individuals, with severely restricted activity, movement, or minimal or no contact with persons other than correctional facility custodial staff for more than 17 hours per day.
(2)Segregated confinement is determined by time spent in a cell and contact with persons other than correctional facility custodial staff.
(3)Segregated confinement does not apply to extraordinary, emergency circumstances that require a significant departure from normal institutional operations, including a natural disaster or facilitywide threat that poses an imminent and substantial risk of harm. This exception applies for the shortest amount of time needed to address the imminent and substantial risk of harm.
(e)Designated populations means any person who is 25 years of age or younger, not including persons protected by Section 208.3 of the Welfare and Institutions Code; is 60 years of age or older; is with a mental or physical disability as defined in Section 12926 of the Government Code; is pregnant; is in the first eight weeks of the postpartum recovery period after giving birth; or has recently suffered a miscarriage or terminated a pregnancy.
(f)Medical professional means a licensed physician physician, licensed clinical social worker, or nurse practitioner.
(g)Mental health professional means someone who makes mental health evaluations and is a licensed psychiatrist, psychologist, or an advanced practice nurse or clinical nurse specialist with a specialty in psychiatric nursing.
2697.2.(a)Every facility shall develop and follow written procedures governing the management of segregated confinement that also meet the standards of care of the type of facility. facility, and shall make those written procedures publicly available.
(b)Every facility shall document the use of segregated confinement, including, but not limited to, through all of the following procedures:
(1)A written order shall be completed and approved by the facility administrator or designee within 24 hours of a person being placed in segregated confinement.
(2)The order shall be provided to the individual within 24 hours of placement in segregated confinement and its contents communicated to them in a language or manner the individual can understand.
(3)A clear and consistent log shall be kept, detailing the time spent in segregated confinement and the necessary compliance with the standards required for that confinement.
(4)The written records required by this subdivision shall be maintained by the facility and updated daily.
(c)When an individual is placed in segregated confinement, the facility shall do all of the following:
(1)Document the facts and circumstances that led to placing the individual into segregated confinement.
(2)Document the date and time that the individual was placed into segregated confinement.
(3)Notify its medical or mental health professionals in writing within 12 hours of placing an individual in segregated confinement.
(4)At least twice per hour, check on the individual involuntarily placed in segregated confinement. If the individual is demonstrating unusual behavior or has indicated suicidality or self-harm, the facility shall monitor the individual every 15 minutes, or more frequently, unless a medical or mental health professional recommends more frequent checks.
(5)Every 24 hours, have a medical or mental health professional assess the individual involuntarily placed in segregated confinement and have a mental health professional assess the individual every 48 hours for ongoing placement in segregated confinement.
(6)Provide the individual a clear explanation of the reason they have been placed in segregated confinement, the monitoring procedures that the facility will employ to check the individual, and the date and time of the individuals next court date, if applicable. This explanation shall be provided to the individual in writing, in a language or manner the individual can understand, within 24 hours of placement in segregated confinement.
(7)A facility shall impose no limitation on services, treatment, or basic needs, such as clothing, food, and bedding. The facility shall not impose restricted diets or any other change in diet as a form of punishment. An individual shall not be denied access to their legal counsel or representative while in segregated confinement.
(8)Offer out-of-cell programming to a person in segregated confinement at least four hours per day, including at least one hour for recreation. A person in segregated confinement shall be offered programming led by program or therapeutic staff that is comparable to the programming offered to a person in the general population. All other out-of-cell time may include peer-led programs, time in a day room or out-of-cell recreation area with other people, congregate meals, volunteer programs, or other congregate activities unless the facility administrator or medical or mental health professional determine determines that a the person poses an extraordinary and unacceptable risk of imminent physical harm to the safety or security of other detained people or staff. In those cases, the facility shall provide the individual with the required out-of-cell time in an appropriate manner that provides access to staff-based programming and contact with persons other than correctional facility custodial staff. A facility shall document any program restrictions it imposes and articulate, in writing, the basis for limiting access to congregate programming with a copy provided to the detained person that contains the specific reason why the person currently poses an extraordinary and unacceptable risk of imminent physical harm to the safety or security of detained persons or staff. A facility shall not conduct out-of-cell programming opportunities in a smaller cage or therapy module. Time spent on housekeeping an unpaid work assignment or in paid employment shall not be considered out-of-cell programming.
(9)Not use additional shackles, legcuffs, double lock leg irons, or other restrictive means when an individual is in segregated confinement, including, but not limited to, transportation to recreation, programs, and other services, unless an individual assessment is documented that restraints are required because of an imminent, significant, and unreasonable risk to the safety and security of other detained persons or staff.
(d)A facility shall maximize the amount of time that an incarcerated person held in segregated confinement spends outside of their cell by providing outdoor and indoor recreation, education, clinically appropriate treatment therapies, and skill-building activities. Cells or other holding or living spaces used for segregated confinement shall be properly ventilated, appropriately lit according to the time of day, temperature-monitored, clean, and equipped with properly functioning sanitary fixtures.
(e)A facility shall develop and provide appropriate programming to individuals that pose a significant safety risk to themselves or others and shall provide opportunities for individuals to transition to less restrictive housing. housing that are not segregated confinement, as defined in paragraph (1) of subdivision (d) of Section 2697, including, but not limited to, evidence-based transition programs and models found to be effective and successful in other carceral facilities. This can include, but is not limited to, all of the following:
(1)Transition pods, which provide participants with the opportunity to interact with other incarcerated individuals while out of restraints.
(2)Transition groups, which are a revolving group that assists individuals who are preparing to be promoted to lower custody levels.
(3)Residential rehabilitation units that are designed to provide access to therapy, treatment, and rehabilitative programming for individuals who have been determined to require more than 15 days of segregated confinement. These units shall be therapeutic and trauma informed, and aim to address individual treatment and rehabilitation needs and underlying causes of problematic behaviors.
(4)Alternative evidence-based transition programs and models found to be effective and successful in other carceral facilities.(f)A facility shall not send a detained person to segregated confinement as a means of protection from the rest of the detained population or alternative means of separation from a likely abuser. If an individual fears for their safety, the facility shall transfer them to a more appropriate custody unit that is not segregated confinement, custody, including, but not limited to, a single cell with sufficient programming and out-of-cell time such that it is not segregated confinement, a different section of the facility, or a sensitive needs yard. yard or individual housing. Placement in these alternative forms of custody shall give full access to out-of-cell time, programming, and other services available to the rest of the detained population.
(g)A facility shall not hold an individual in segregated confinement for more than 15 consecutive days and no more than 45 days total in a 180-day period. On or before the 15th consecutive day in segregated confinement, a facility shall transfer the individual out of segregated confinement to an appropriate congregate or individual setting. In either case, whether held in a congregate or individual setting, the facility shall allow the individual at least six hours of daily out-of-cell congregate programming, services, treatment, and meals with an additional minimum of one hour of congregate recreation.
(h)(1)A facility shall not involuntarily place an individual in segregated confinement, including for disciplinary reasons, if the individual belongs to a designated population.
(2)If a person in segregated confinement disputes a decision made by facility staff or facility medical professionals regarding qualification in the designated populations category, the person may request and receive a secondary review of the determination.
(3)The facility administrator or chief physician shall conduct the secondary review, as appropriate.
(i)A facility shall not place a person in segregated confinement solely on the basis of confidential information considered by the facility staff but not provided to the individual placed in segregated confinement or included in required records.
(j)A facility shall not place a person in segregated confinement solely on the basis of the person identifying as lesbian, gay, bisexual, transgender, or gender nonconforming.
(k)A facility may use segregated confinement for medical isolation purposes, to treat and protect against the spread of a communicable disease for the shortest amount of time required to reduce the risk of infection, in accordance with state and federal public health guidance and with the written approval of a licensed physician or nurse practitioner.
(l)Each facility shall create a monthly report, on the first day of each month, as well as semiannual and annual cumulative reports. Each facility shall make the reports available to the public by posting them to the facilitys internet website. The reports shall include the total number of individuals held in segregated confinement in the prior month and data pertaining to individuals in segregated confinement, including, but not limited to, age, race, gender, and number of days in segregated confinement.
(m)The Office of the Inspector General shall assess each correctional facility within the Department of Corrections and Rehabilitation, including private detention facilities, for compliance with this article, relating to segregated confinement, and shall issue a public report, no less than annually, with recommendations to the Legislature regarding all aspects of segregated confinement in correctional facilities, including, but not limited to, policies and practices concerning placement of persons in segregated confinement; designated populations; length of time spent in segregated confinement; hearings and procedures; programs, treatment, and conditions of confinement in segregated confinement; and assessments and rehabilitation plans, procedures, and discharge determinations. The office shall have full access to all records of facilities in their jurisdiction pertaining to segregated confinement and may conduct site inspections as appropriate.
(n)The Board of State and Community Corrections shall assess each local correctional facility, including private detention facilities, for compliance with this article, relating to segregated confinement, and shall issue a public report, no less than annually, with recommendations to the Legislature regarding all aspects of segregated confinement in correctional facilities, including, but not limited to, policies and practices concerning placement of persons in segregated confinement; designated populations; length of time spent in segregated confinement; hearings and procedures; programs, treatment, and conditions of confinement in segregated confinement; and assessments and rehabilitation plans, procedures, and discharge determinations. The board shall have full access to all records of facilities in their jurisdiction pertaining to segregated confinement and may conduct site inspections as appropriate.
(o)Local and state authorities shall promulgate regulations or directives implementing this article, where applicable.
(p)This section does not remove or reduce the requirements on health care facilities contained in Sections 70577, 71545, 72407, 72409, 72411, 72413, 73403, 73405, 73407, and 73409 of Title 22 of the California Code of Regulations.
2697.7.(a)The provisions of this article are severable. If any part of this article is declared invalid or unconstitutional, that declaration shall not affect the part which remains.
(b)Nothing in this bill article shall be construed as mandating construction. A facility shall, whenever possible, may repurpose existing space to accommodate out of cell out-of-cell time and programming for individuals, so that it can be accomplished in a safe and humane manner. A facility shall, wherever reasonable and appropriate, repurpose or may redesignate existing facilities and cells to comply with this bill. article.
(c)Nothing in this bill article shall be construed as eliminating the use of individual housing when reasonable, appropriate, or required, including when that housing is requested by an individual and deemed appropriate.
(d)No provision of this bill article shall be construed as requiring a facility to place an individual in the general population or congregate housing once they reach the 15-day limit on segregated confinement in subdivision (g) of Section 2697.2. The facility shall seek to place the individual in appropriate housing, including, but not limited to, individual housing with adequate programming and support in order to ensure the safety and well-being of the individual, as well as other individuals in the facility and staff.
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.
REVISIONS: HeadingLines 1 and 4.For the purposes of this article, all of the following terms have the following meanings:
(a)Facility means any of the following facilities in California:
(1)Private detention facilities.
(2)Jails and prisons.
(3)Detention facilities.
(4)A facility in which individuals are subject to confinement or involuntary detention.
(b)Detention facility means a facility in which persons are incarcerated or otherwise involuntarily confined for purposes of execution of a punitive sentence imposed by a court or detention pending a trial, hearing, or other judicial or administrative proceeding.
(c)Private detention facility means a detention facility that is operated by a private, nongovernmental, for-profit entity and is operating pursuant to a contract or agreement with a local, state, or federal governmental entity.
(d)(1)Segregated confinement means the confinement of an individual, in a cell or similarly confined holding or living space, alone or with other individuals, with severely restricted activity, movement, or minimal or no contact with persons other than correctional facility staff for more than 17 hours per day.
(2)Segregated confinement is determined by time spent in a cell and contact with persons other than correctional facility staff.
(3)Segregated confinement does not apply to extraordinary, emergency circumstances that require a significant departure from normal institutional operations, including a natural disaster or facilitywide threat that poses an imminent and substantial risk of harm. This exception applies for the shortest amount of time needed to address the imminent and substantial risk of harm.
(e)Designated populations means any person who is 25 years of age or younger, not including persons protected by Section 208.3 of the Welfare and Institutions Code; is 60 years of age or older; is with a mental or physical disability as defined in Section 12926 of the Government Code; is pregnant; is in the first eight weeks of the postpartum recovery period after giving birth; or has recently suffered a miscarriage or terminated a pregnancy.
(f)Medical professional means a licensed physician or nurse practitioner.
(g)Mental health professional means someone who makes mental health evaluations and is a licensed psychiatrist, psychologist, or an advanced practice nurse or clinical nurse specialist with a specialty in psychiatric nursing.
2697.2.(a)Every facility shall develop and follow written procedures governing the management of segregated confinement that also meet the standards of care of the type of facility.
(b)Every facility shall document the use of segregated confinement, including, but not limited to, through all of the following procedures:
(1)A written order shall be completed and approved by the facility administrator or designee within 24 hours of a person being placed in segregated confinement.
(2)The order shall be provided to the individual within 24 hours of placement in segregated confinement and its contents communicated to them in a language or manner the individual can understand.
(3)A clear and consistent log shall be kept, detailing the time spent in segregated confinement and the necessary compliance with the standards required for that confinement.
(4)The written records required by this subdivision shall be maintained by the facility and updated daily.
(c)When an individual is placed in segregated confinement, the facility shall do all of the following:
(1)Document the facts and circumstances that led to placing the individual into segregated confinement.
(2)Document the date and time that the individual was placed into segregated confinement.
(3)Notify its medical or mental health professionals in writing within 12 hours of placing an individual in segregated confinement.
(4)At least twice per hour, check on the individual involuntarily placed in segregated confinement. If the individual is demonstrating unusual behavior or has indicated suicidality or self-harm, the facility shall monitor the individual every 15 minutes, or more frequently, unless a medical or mental health professional recommends more frequent checks.
(5)Every 24 hours, have a medical or mental health professional assess the individual involuntarily placed in segregated confinement and have a mental health professional assess the individual every 48 hours for ongoing placement in segregated confinement.
(6)Provide the individual a clear explanation of the reason they have been placed in segregated confinement, the monitoring procedures that the facility will employ to check the individual, and the date and time of the individuals next court date, if applicable. This explanation shall be provided to the individual in writing, in a language or manner the individual can understand, within 24 hours of placement in segregated confinement.
(7)A facility shall impose no limitation on services, treatment, or basic needs, such as clothing, food, and bedding. The facility shall not impose restricted diets or any other change in diet as a form of punishment. An individual shall not be denied access to their legal counsel or representative while in segregated confinement.
(8)Offer out-of-cell programming to a person in segregated confinement at least four hours per day, including at least one hour for recreation. A person in segregated confinement shall be offered programming led by program or therapeutic staff that is comparable to the programming offered to a person in the general population. All other out-of-cell time may include peer-led programs, time in a day room or out-of-cell recreation area with other people, congregate meals, volunteer programs, or other congregate activities unless the facility administrator or medical or mental health professional determine that a person poses an extraordinary and unacceptable risk of imminent physical harm to the safety or security of other detained people or staff. In those cases, the facility shall provide the individual with the required out-of-cell time in an appropriate manner that provides access to staff-based programming and contact with persons other than correctional facility staff. A facility shall document any program restrictions it imposes and articulate, in writing, the basis for limiting access to congregate programming with a copy provided to the detained person that contains the specific reason why the person currently poses an extraordinary and unacceptable risk of imminent physical harm to the safety or security of detained persons or staff. A facility shall not conduct out-of-cell programming opportunities in a smaller cage or therapy module. Time spent on housekeeping or in paid employment shall not be considered out-of-cell programming.
(9)Not use additional shackles, legcuffs, double lock leg irons, or other restrictive means when an individual is in segregated confinement, including, but not limited to, transportation to recreation, programs, and other services, unless an individual assessment is documented that restraints are required because of an imminent, significant, and unreasonable risk to the safety and security of other detained persons or staff.
(d)A facility shall maximize the amount of time that an incarcerated person held in segregated confinement spends outside of their cell by providing outdoor and indoor recreation, education, clinically appropriate treatment therapies, and skill-building activities. Cells or other holding or living spaces used for segregated confinement shall be properly ventilated, appropriately lit according to the time of day, temperature-monitored, clean, and equipped with properly functioning sanitary fixtures.
(e)A facility shall develop and provide appropriate programming to individuals that pose a significant safety risk to themselves or others and shall provide opportunities for individuals to transition to less restrictive housing. This can include, but is not limited to, all of the following:
(1)Transition pods, which provide participants with the opportunity to interact with other incarcerated individuals while out of restraints.
(2)Transition groups, which are a revolving group that assists individuals who are preparing to be promoted to lower custody levels.
(3)Residential rehabilitation units that are designed to provide access to therapy, treatment, and rehabilitative programming for individuals who have been determined to require more than 15 days of segregated confinement. These units shall be therapeutic and trauma informed, and aim to address individual treatment and rehabilitation needs and underlying causes of problematic behaviors.
(4)Alternative evidence-based transition programs and models found to be effective and successful in other carceral facilities.
(f)A facility shall not send a detained person to segregated confinement as a means of protection from the rest of the detained population or alternative means of separation from a likely abuser. If an individual fears for their safety, the facility shall transfer them to a more appropriate custody unit that is not segregated confinement, including, but not limited to, a single cell with sufficient programming and out-of-cell time such that it is not segregated confinement, a different section of the facility, or a sensitive needs yard. Placement in these alternative forms of custody shall give full access to out-of-cell time, programming, and other services available to the rest of the detained population.
(g)A facility shall not hold an individual in segregated confinement for more than 15 consecutive days and no more than 45 days total in a 180-day period. On or before the 15th consecutive day in segregated confinement, a facility shall transfer the individual out of segregated confinement to an appropriate congregate or individual setting. In either case, whether held in a congregate or individual setting, the facility shall allow the individual at least six hours of daily out-of-cell congregate programming, services, treatment, and meals with an additional minimum of one hour of congregate recreation.
(h)(1)A facility shall not involuntarily place an individual in segregated confinement, including for disciplinary reasons, if the individual belongs to a designated population.
(2)If a person in segregated confinement disputes a decision made by facility staff or facility medical professionals regarding qualification in the designated populations category, the person may request and receive a secondary review of the determination.
(3)The facility administrator or chief physician shall conduct the secondary review, as appropriate.
(i)A facility shall not place a person in segregated confinement solely on the basis of confidential information considered by the facility staff but not provided to the individual placed in segregated confinement or included in required records.
(j)A facility shall not place a person in segregated confinement solely on the basis of the person identifying as lesbian, gay, bisexual, transgender, or gender nonconforming.
(k)A facility may use segregated confinement for medical isolation purposes, to treat and protect against the spread of a communicable disease for the shortest amount of time required to reduce the risk of infection, in accordance with state and federal public health guidance and with the written approval of a licensed physician or nurse practitioner.
(l)Each facility shall create a monthly report, on the first day of each month, as well as semiannual and annual cumulative reports. Each facility shall make the reports available to the public by posting them to the facilitys internet website. The reports shall include the total number of individuals held in segregated confinement in the prior month and data pertaining to individuals in segregated confinement, including, but not limited to, age, race, gender, and number of days in segregated confinement.
(m)The Office of the Inspector General shall assess each correctional facility within the Department of Corrections and Rehabilitation, including private detention facilities, for compliance with this article, relating to segregated confinement, and shall issue a public report, no less than annually, with recommendations to the Legislature regarding all aspects of segregated confinement in correctional facilities, including, but not limited to, policies and practices concerning placement of persons in segregated confinement; designated populations; length of time spent in segregated confinement; hearings and procedures; programs, treatment, and conditions of confinement in segregated confinement; and assessments and rehabilitation plans, procedures, and discharge determinations. The office shall have full access to all records of facilities in their jurisdiction pertaining to segregated confinement and may conduct site inspections as appropriate.
(n)The Board of State and Community Corrections shall assess each local correctional facility, including private detention facilities, for compliance with this article, relating to segregated confinement, and shall issue a public report, no less than annually, with recommendations to the Legislature regarding all aspects of segregated confinement in correctional facilities, including, but not limited to, policies and practices concerning placement of persons in segregated confinement; designated populations; length of time spent in segregated confinement; hearings and procedures; programs, treatment, and conditions of confinement in segregated confinement; and assessments and rehabilitation plans, procedures, and discharge determinations. The board shall have full access to all records of facilities in their jurisdiction pertaining to segregated confinement and may conduct site inspections as appropriate.
(o)Local and state authorities shall promulgate regulations or directives implementing this article, where applicable.
(p)This section does not remove or reduce the requirements on health care facilities contained in Sections 70577, 71545, 72407, 72409, 72411, 72413, 73403, 73405, 73407, and 73409 of Title 22 of the California Code of Regulations.
2697.7.(a)The provisions of this article are severable. If any part of this article is declared invalid or unconstitutional, that declaration shall not affect the part which remains.
(b)Nothing in this bill shall be construed as mandating construction. A facility shall, whenever possible, repurpose existing space to accommodate out of cell time and programming for individuals, so that it can be accomplished in a safe and humane manner. A facility shall, wherever reasonable and appropriate, repurpose or redesignate existing facilities and cells to comply with this bill.
(c)Nothing in this bill shall be construed as eliminating the use of individual housing when reasonable, appropriate, or required, including when that housing is requested by an individual and deemed appropriate.
(d)No provision of this bill shall be construed as requiring a facility to place an individual in the general population or congregate housing once they reach the 15-day limit on segregated confinement in subdivision (g) of Section 2697.2. The facility shall seek to place the individual in appropriate housing, including, but not limited to, individual housing with adequate programming and support in order to ensure the safety and well-being of the individual, as well as other individuals in the facility and staff.
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.
|
Date
|
Status
|
|---|---|
| Sep 14, 2023 | Ordered to inactive file at the request of Assembly Member Holden. |
| Sep 13, 2023 | In Assembly. Concurrence in Senate amendments pending. |
| Sep 13, 2023 | Read third time. Passed. Ordered to the Assembly. (Ayes 21. Noes 12. Page 2706.). |
| Sep 5, 2023 | Read second time. Ordered to third reading. |
| Sep 1, 2023 | Read second time and amended. Ordered returned to second reading. |
| Sep 1, 2023 | From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (September 1). |
| Aug 14, 2023 | In committee: Referred to APPR suspense file. |
| Jul 12, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 3. Noes 1.) (July 11). Re-referred to Com. on APPR. |
| Jun 20, 2023 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB S. |
| Jun 14, 2023 | Referred to Com. on PUB S. |
| Jun 1, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 31, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 56. Noes 16. Page 1997.) |
| May 22, 2023 | Read second time. Ordered to third reading. |
| May 18, 2023 | Read second time and amended. Ordered returned to second reading. |
| May 18, 2023 | From committee: Amend, and do pass as amended. (Ayes 11. Noes 4.) (May 18). |
| Apr 26, 2023 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Mar 14, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (March 14). Re-referred to Com. on APPR. |
| Mar 14, 2023 | Coauthors revised. |
| Mar 13, 2023 | Re-referred to Com. on PUB. S. |
| Mar 9, 2023 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Feb 13, 2023 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Feb 2, 2023 | Referred to Com. on PUB. S. |
| Jan 25, 2023 | From printer. May be heard in committee February 24. |
| Jan 24, 2023 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 13, 2023 | Assembly 3rd Reading AB280 Holden et al. By Durazo | Senate Floor |
Passed |
|
| Sep 1, 2023 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 14, 2023 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 11, 2023 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Public Safety |
Passed |
|
| May 31, 2023 | AB 280 Holden Assembly Third Reading | Assembly Floor |
Passed |
|
| May 18, 2023 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 14, 2023 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Aclu California Action | ** Support | |
| Aging People in Prison - Human Rights Campaign | ** Support | |
| Alianza | ** Support | |
| Alianza Sacramento | ** Support | |
| American College Of Obstetricians And Gynecologists District Ix | ** Support | |
| Amnesty International USA | ** Support | |
| Asian Pacific Islander Legal Outreach | ** Support | |
| Cal Voices | ** Support | |
| California Assoc. of Mental Health Peer Run Organizations | ** Support | |
| California Association Of Psychiatric Technicians | ** Against | |
| California Association of Social Rehabilitation Agencies | ** Support | |
| California Attorneys For Criminal Justice | ** Support | |
| California Catholic Conference | ** Support | |
| California Collaborative for Immigrant Justice | ** Support | |
| California Correctional Peace Officers Association | * Against | Jul 11, 2023 |
| California Democratic Party | ** Support | |
| California Families Against Solitary Confinement | ** Support | |
| California Foundation For Independent Living Centers | * Support | Jul 11, 2023 |
| California Immigrant Policy Center | ** Support | |
| California Innocence Coalition: Northern California Innocence Project, California Innocence Project, Loyola Project for The Innocent | ** Support | |
| California Public Defenders Association | ** Support | |
| California Resident | * Support | Jul 11, 2023 |
| California State Council on Developmental Disabilities | ** Support | |
| California State Sheriffs Association | ** Against | |
| California Statewide Law Enforcement Association | ** Against | |
| Californians for Safety and Justice | * Support | Jul 11, 2023 |
| Center for Gender & Refugee Studies | ** Support | |
| Chief Probation Officers Of California | ** Against | |
| Communities United for Restorative Youth Justice | * Support | Jul 11, 2023 |
| Community Legal Services in East Palo Alto | ** Support | |
| Council on American-Islamic Relations, California | ** Support | |
| Dbsa California | ** Support | |
| Depression and Bipolar Support Alliance California. | ** Support | |
| Deputy Sheriffs Association of Monterey County | ** Against | |
| Disability Rights Advocates | ** Support | |
| Disability Rights California | ** Support | |
| Dolores Street Community Services | ** Support | |
| Ella Baker Center For Human Rights | ** Support | |
| End Solitary Santa Cruz County | ** Support | |
| Episcopal Diocese of Los Angeles | ** Support | |
| F.u.e.l.- Families United to End Lwop | ** Support | |
| Forward Impact Dba Represent Justice | ** Support | |
| Freedom for Immigrants | ** Support | |
| Friends Committee On Legislation Of California | ** Support | |
| Glide | ** Support | |
| Greater Sacramento Urban League | ** Support | |
| Grip Training Institute | ** Support | |
| Haitian Bridge Alliance | ** Support | |
| Halt Solitary Campaign | ** Support | |
| Hoops4Justice | ** Support | |
| Immigrant Defense Advocates | ** Support | |
| Immigrant Legal Defense | ** Support | |
| Immigrant Legal Resource Center | ** Support | |
| Indivisible Ca: Statestrong | ** Support | |
| LA Defensa | ** Support | |
| Law Foundation of Silicon Valley | ** Support | |
| Lawyers Committee for Civil Rights | * Support | Mar 14, 2023 |
| Lawyers Committee for Civil Rights of the San Francisco Bay Area | ** Support | |
| League Of Women Voters Of California | ** Support | |
| Los Angeles County District AttorneyS Office | ** Support | |
| Los Angeles County Professional Peace Officers Association | ** Against | |
| Los Angeles County Sheriff'S Department | ** Against | |
| mental health advocacy services | ** Support | |
| MILPA Collective | * Support | Jul 11, 2023 |
| Monterey County Deputy Sheriff's Association | * Against | Mar 14, 2023 |
| Mujeres Unidas Y Activas | ** Support | |
| Multi-faith Action Coalition | ** Support | |
| National Association of Social Workers | ** Support | Mar 14, 2023 |
| National Association Of Social Workers, California Chapter | ** Support | |
| National Lawyers Guild San Francisco Bay Area Chapter | ** Support | |
| National Religious Campaign Against Torture | ** Support | |
| NextGen California | ** Support | |
| Oakland Privacy | ** Support | |
| Open Immigration Legal Services | ** Support | |
| Peace Officers Research Association Of California | ** Against | |
| Placer County Deputy Sheriffs’ Association | ** Against | |
| Plymouth United Church of Christ - Oakland | ** Support | |
| Prison Law Office | ** Support | |
| Prisoner Hunger Strike Solidarity Coalition | * Support | Jul 11, 2023 |
| Public Law Center | ** Support | |
| Riverside County Sheriff'S Department | * Against | Mar 14, 2023 |
| Riverside Sheriffs Association | ** Against | |
| Robert F. Kennedy Human Rights | ** Support | |
| Root & Rebound | ** Support | |
| San Francisco Public Defender | ** Support | |
| Santa Cruz Barrios Unidos INC. | ** Support | |
| Santa Cruz Climate Action Network | ** Support | |
| Secure Justice | ** Support | |
| Siegel, Yee, Brunner & Mehta | ** Support | |
| Sister Warriors Freedom Coalition | * Support | Jul 11, 2023 |
| Smart Justice California | ** Support | |
| Social Workers & Allies Against Solitary Confinement | ** Support | |
| Sonoma Immigrant Services | ** Support | |
| State Coalition Probation Organizations | * Against | Mar 14, 2023 |
| Steinberg Institute | ** Support | |
| T'ruah: The Rabbinic Call for Human Rights | ** Support | |
| The Arc and United Cerebral Palsy California Collaboration | ** Support | |
| Transformative In-Prison Workgroup | * Support | Jul 11, 2023 |
| Transformative Prison Workgroup | * Support | Mar 14, 2023 |
| UC Berkeley | * Support | Jul 11, 2023 |
| UC Berkeley's Underground Scholars Initiative | ** Support | |
| Underground Scholars Initiative | * Support | Mar 14, 2023 |
| Underground Scholars Initiative At the University of California, Irvine | ** Support | |
| Unlock the Box | ** Support | |
| Young Women’s Freedom Center | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 280
Author:(Holden, et al.)
As Amended Ver:September 1, 2023
Majority vote
SUMMARY
Limits the use of segregated confinement and requires facilities in the State in which individuals are subject to confinement or involuntary detention to follow specified procedures related to segregated confinement.
Senate Amendments
Add "licensed marriage and family therapist" and "licensed professional clinical counselor" to the definition of "mental health professional".
COMMENTS
As Passed by the Assembly: This bill limited the use of segregated confinement and requires facilities in the State in which individuals are subject to confinement or involuntary detention to follow specified procedures related to segregated confinement.
Major Provisions
- Defined "facility" as any jails, prisons, private detention facilities, and detention facilities in California.
- Defined "detention facility" as a facility in which persons are incarcerated or otherwise involuntarily detained or confined for purposes of execution of a punitive sentence imposed by a court or detention pending a trial, hearing, or other judicial or administrative proceeding.
- Defined "private detention facility" as a detention facility that is operated by a private, nongovernmental, for-profit entity and is operating pursuant to a contract or agreement with a local, state, or federal governmental entity.
- Defined "segregated confinement" as the confinement of an individual, in a cell or similarly confined holding or living space, alone or with other individuals, with severely restricted activity, movement, or minimal or no contact with persons other than custodial staff for more than 17 hours per day. Segregated confinement is determined by time spent in a cell and contact with persons other custodial staff.
- Defined "Mental health professional" as someone who makes mental health evaluations and is a licensed psychiatrist, psychologist, licensed clinical social worker, or an advanced practice nurse or clinical nurse specialist with a specialty in psychiatric nursing.
- Provided that segregated confinement does not apply to extraordinary, emergency circumstances that require a significant departure from normal institutional operations, including a natural disaster or facility-wide threat that poses an imminent and substantial risk of harm. This exception applies for the shortest amount of time needed to address the imminent and substantial risk of harm.
- Permitted the use of segregated confinement for medical isolation purposes, to treat and protect against the spread of a communicable disease, as specified.
- Prohibited placing a person in segregated confinement solely on the basis of confidential information considered by the facility staff but not provided to the individual placed in segregated confinement or included in required records
- Prohibited placing a person in segregated confinement solely on the basis of the person identifying as lesbian, gay, bisexual, transgender, or gender nonconforming.
- Prohibited placing a person in segregated confinement as a means of protection from the rest of the detained population or a likely abuser. If an individual fears for their safety, the facility must transfer them to a more appropriate custody unit, including but not limited to, a single cell with sufficient programming and out-of-cell time such that it is not segregated confinement, a different section of the facility, a sensitive needs yard, or individual housing.
- Prohibited placing a person in segregated confinement, including for disciplinary reasons, if the individual belongs to a designated population. "Designated populations" includes the following:
- Individuals who are 25 years of age or younger, as specified;
- Individuals who are 60 years of age or older;
- Individuals who have a mental or physical disability, as defined; or,
- Individuals who are pregnant, in the first eight weeks of the postpartum recovery period after giving birth, or have recently suffered a miscarriage or terminated a pregnancy.
- Stated that, if a person disputes a decision regarding qualification in the designated populations category, the person may request and receive a secondary review of the determination. The facility administrator or chief physician shall conduct the secondary review, as appropriate.
- Prohibited placing any individual in segregated confinement for more than 15 consecutive days and no more than 45 days total in a 180-day period.
- Provided that, on or before the 15th consecutive day in segregated confinement, a facility shall transfer the individual out of segregated confinement to an appropriate congregate or individual setting. Individuals held in either a congregate or individual setting, shall be provided least six hours of daily out-of-cell congregate programming, services, treatment, and meals with an additional minimum of one hour of congregate recreation.
- Stated that these provisions shall not be construed as requiring a facility to place an individual in the general population or congregate housing once they reach the 15-day limit on segregated confinement. The facility shall seek to place the individual in appropriate housing, including, but not limited to, individual housing with adequate programming and support in order to ensure the safety and well-being of the individual, as well as other individuals in the facility and staff.
- Required every facility to develop and follow written procedures governing the management of segregated confinement that meet the standards of care of the type of facility and to make those written procedures publicly available.
- Required every facility to document the use of segregated confinement, including, but not limited to, all of the following:
- A written order shall be completed and approved by the facility administrator or designee within 24 hours of a person being placed in segregated confinement;
- The order shall be provided to the individual within 24 hours of placement in segregated confinement and its contents communicated to them in a language or manner the individual can understand;
- A clear and consistent log shall be kept, detailing the time spent in segregated confinement and the necessary compliance with the standards required for that confinement; and,
- The written records shall be maintained by the facility and updated daily.
- Stated that, when an individual is placed in segregated confinement, the facility shall do all of the following:
- Document the facts and circumstances that led to placing the individual into segregated confinement;
- Document the date and time that the individual was placed into segregated confinement;
- Notify its medical or mental health professionals in writing within 12 hours of placing an individual in segregated confinement;
- At least twice per hour, check on the individual involuntarily placed in segregated confinement. If the individual is demonstrating unusual behavior or has indicated suicidality or self-harm, the facility shall monitor the individual every 15 minutes, as specified;
- Every 24 hours, have a medical or mental health professional assess the individual and have a mental health professional assess the individual every 48 hours for ongoing placement in segregated confinement;
- Provide the individual a clear explanation of the reason they have been placed in segregated confinement, the monitoring procedures that the facility will employ to check on the individual, and the date and time of the individual's next court date, if applicable. This explanation shall be provided to the individual in writing, in a language or manner the individual can understand, within 24 hours of placement in segregated confinement;
- Offer out-of-cell programming to a person in segregated confinement at least four hours per day, including at least one hour for recreation, as specified. Out-of-cell programming opportunities cannot be held in smaller cages or therapy modules. Time spent in an unpaid work assignment or in paid employment shall not be considered out-of-cell programming;
- Offer programming led by program or therapeutic staff that is comparable to the programming offered to a person in the general population;
- Shall not deny the individual access to their legal counsel or representative;
- Maximize the amount of time that an incarcerated person held in segregated confinement spends outside of their cell by providing outdoor and indoor recreation, education, clinically appropriate treatment therapies, and skill-building activities;
- Shall not impose any limitation on services, treatment, or basic needs, such as clothing, food, and bedding, restricted diets or any other change in diet as a form of punishment; and,
- Shall not use additional shackles, legcuffs, double lock leg irons, or other restrictive means when the individual is in segregated confinement, unless an individual assessment is documented that restraints are required because of an imminent, significant, and unreasonable risk to the safety and security of other detained persons or staff.
- Required facilities to develop and provide appropriate programming to individuals that pose a significant safety risk to themselves or others and opportunities for individuals to transition to less restrictive housing that is not segregated confinement, including evidence-based transition programs and models found to be effective and successful in other carceral facilities.
- Required facilities to create a monthly, semiannual, and annual cumulative reports. The reports must be made available online to the public, include the total number of individuals held in segregated confinement and data pertaining to individuals in segregated confinement, including, but not limited to, age, race, gender, and number of days in segregated confinement.
- Required the Office of the Inspector General (OIG) to assess each correctional facility within CDCR, including private detention facilities, for compliance with the provisions relating to segregated confinement, and to issue an annual public report, with recommendations to the Legislature regarding all aspects of segregated confinement in correctional facilities, as specified. The OIG shall have full access to all records of facilities in their jurisdiction pertaining to segregated confinement and may conduct site inspections as appropriate.
- Required the Board of State and Community Corrections to assess each local correctional facility, including private detention facilities, for compliance with these provisions, and to issue an annual public report, with recommendations to the Legislature regarding all aspects of segregated confinement in correctional facilities, as specified. The BSCC shall have full access to all records of facilities in their jurisdiction pertaining to segregated confinement and may conduct site inspections as appropriate.
According to the Author
"The practice of confining an individual alone in a concrete cell for months, years, and even decades on end grossly undermines the eighth amendment, protecting us all from cruel and unusual punishment. This is a human rights issue. Aside from the fact that solitary confinement only diminishes the prospects of successful rehabilitation, there are large bodies of research linking solitary confinement to self-harm, the deterioration of one's mental health and even suicide. We have even seen instances of pregnant women giving birth in solitary confinement. This is simply not right. California must discard this tortuous and counterproductive practice."
Arguments in Support
- According to Disability Rights, "this bill can help address the wide ranging, dangerous and discriminatory impact of solitary confinement. California needs a state-wide, comprehensive legislative solution to end solitary confinement of people with disabilities in jails, prisons, and immigration detention facilities."
- According to Immigrant Legal Defense (ILD), "The World Health Organization, United Nations, and other international bodies have recognized solitary confinement as greatly harmful and potentially fatal. In 2015, the United Nations General Assembly ratified the Nelson Mandela Rules, prohibiting any period of segregation beyond 15 days and defining it as torture.
"Despite international demands to end the use of solitary confinement, the practice remains common in jails, prisons, and detention facilities in California.
"California must join the international community, and states like New York, New Jersey, Washington, and Colorado in setting clear standards and limits on the use of solitary confinement. This begins by recognizing that solitary confinement is torture, and setting uniform and consistent limits on how solitary is used in all detention facilities. Through this legislation, California can protect vulnerable populations from torture, and provide a clear roadmap to end the use of solitary confinement."
Arguments in Opposition
- According to the Riverside Sheriffs' Association, "Proponents claim AB 280 is intended to limit what they claim is "excessive use" of segregated confinement, but the bill doesn't seek to curb or regulate its use. Instead, AB 280 imposes a ban the use of segregated confinement for large categories of inmates, regardless of the serious or imminent risk of harm the inmates pose to themselves, facility staff, visitors or other inmates.
"ANY segregated confinement is banned for the following inmates - no exceptions
- Under age 26 - regardless of behavior or risk of harm to self or others. No protection for other inmates or staff from young adult inmates who attack others;
- Over age 59 - regardless of behavior or risk of harm to self or others. No protection for other inmates or staff from "older" inmates who assault others;
- Physical or mental disability - regardless of behavior or risk of harm to self or others. The definitions for such disabilities [Government Code Section 12926] are so overly broad that it would classify nearly every inmate with some type of qualifying disability. [Penal Code Section 2697(e)]
"Temporary inmate segregated confinement is banned - no exceptions even for their own safety Sheriffs and CDCR will be prohibited from placing an inmate in segregated confinement even if such temporary housing is necessary for the safety of the inmate from other inmates. …
"Segregated confinement (when permitted) capped at 45 days within 6 months - no exceptions Similarly, an inmate who attacks a correctional deputy, can be sent to seg-con for a maximum of 15 days (as long as the inmate is not in one of the exempted classes). Upon release, if the inmate attacks correctional staff again can be returned to seg-con for a max of another 15 days. Upon his next release, if he attacks yet another staff member, he'll get another 15 days max. After that, the same inmate can continue to assault correctional staff or other inmates but he cannot be placed in seg-con because AB 280 prohibits any inmate - from being sent to segcon for more than 45 days in any 180 day period - FOR ANY REASON - regardless of any ongoing safety threat the inmate poses."
- According to California Association of Psychiatric Technicians (CAPT), "To ensure that inmates and patients receive the best possible treatment for their mental disorders, they must have a safe space free of fear or harm from other inmates. Many segregated confinement units were explicitly created for the mentally ill in prison to receive treatment and programing. In its current form, this bill would eliminate safe spaces and treatment environments where mentally ill inmates can stabilize to return to the general population."
FISCAL COMMENTS
According to the Senate Appropriations Committee:
- CDCR: Unknown one-time and ongoing costs to the Department of Corrections and Rehabilitation (CDCR), likely in the hundreds of millions (General Fund).*
- OIG: Annual, ongoing costs of approximately $3.9 million to the Office of the Inspector General (OIG) in additional staffing to complete the monitoring and reporting duties proposed by AB 280 (General Fund).
- BSCC: Annual, ongoing costs of approximately $250,000 in additional staffing to the Board of State and Community Corrections (BSCC) to conduct required inspections and assessments (General Fund).
- DOJ: Annual, ongoing costs of approximately $50,000 to the Department of Justice (DOJ) in additional staffing as a result of increased complaints to the Corrections, Writs and Appeals section (Legal Services Revolving Fund). The DOJ also reports unquantifiable but potentially significant costs to the Civil Law Division and/or Correctional Law Section as a result of increased legal challenges (Legal Services Revolving Fund). Costs would be reimbursable through direct billings to CDCR, the client agency.
- Local facilities: Unknown, potentially reimbursable costs, possibly in the millions to tens of millions to counties for additional correctional staff and potential construction to comply with the requirements of this bill (General Fund/Proposition 30, local funds).
VOTES:
ASM PUBLIC SAFETY: 6-1-1
YES: Jones-Sawyer, Bonta, Bryan, Ortega, Santiago, Zbur
NO: Lackey
ABS, ABST OR NV: Alanis
ASM APPROPRIATIONS: 11-4-1
YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber, Ortega
NO: Megan Dahle, Dixon, Mathis, Sanchez
ABS, ABST OR NV: Robert Rivas
ASSEMBLY FLOOR: 56-16-8
YES: Addis, Aguiar-Curry, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Holden, Jackson, Jones‑Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Ortega, Pacheco, Papan, Pellerin, Quirk-Silva, Reyes, Luz Rivas, Robert Rivas, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
NO: Chen, Megan Dahle, Davies, Dixon, Essayli, Flora, Vince Fong, Gallagher, Hoover, Lackey, Mathis, Jim Patterson, Joe Patterson, Sanchez, Ta, Wallis
ABS, ABST OR NV: Alanis, Irwin, Stephanie Nguyen, Petrie-Norris, Ramos, Rodriguez, Villapudua, Waldron
UPDATED
VERSION: September 1, 2023
CONSULTANT: Liah Burnley / PUB. S. / (916) 319-3744 FN: 0001760
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 280 |
THIRD READING
Bill No: AB 280
Author: Holden (D), Bryan (D), Kalra (D) and Weber (D), et al.
Amended: 9/1/23 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 3-1, 7/11/23
AYES: Bradford, Skinner, Wiener
NOES: Ochoa Bogh
NO VOTE RECORDED: Wahab
SENATE APPROPRIATIONS COMMITTEE: 5-2, 9/1/23
AYES: Portantino, Ashby, Bradford, Wahab, Wiener
NOES: Jones, Seyarto
ASSEMBLY FLOOR: 56-16, 5/31/23 - See last page for vote
SUBJECT: Segregated confinement
SOURCE: California Collaborative for Immigrant Justice
California Families Against Solitary Confinement
Disability Rights California
Immigrant Defense Advocates
Nextgen California
DIGEST:
This bill codifies a definition for “segregated confinement” that applies to the state’s prisons, county jails, detention facilities, and private detention facilities; limits the use of segregated confinement to no more than 15 consecutive days and no more than 45 days total in a 180-day period; prohibits the use of segregated confinement if the person belongs to a designated population, as defined; establishes procedures related to the use of segregated confinement; and establishes reporting requirements when segregated confinement is used.
ANALYSIS:
Existing law:
- Grants all people certain inalienable rights, including pursuing and obtaining safety, happiness, and privacy. (Cal. Const., art. I, § 1.)
- Prohibits the deprivation of life, liberty, or property without due process of law or the denial of equal protection of the laws. (Cal. Const., art. I, § 7.)
- Prohibits the infliction of cruel and unusual punishment. (Cal. Const., art. I, § 17.)
- Establishes rights for persons sentenced to imprisonment in a state prison, and provides that a person may, during that period of confinement be deprived of such rights, and only such rights, as is reasonably related to legitimate penological interests. (Pen. Code, § 2600.)
- Prohibits the use of any cruel, corporal or unusual punishment or to inflict any treatment or allow any lack of care whatever which would injure or impair the health of the prisoner, inmate or person confined. (Pen. Code, § 2652.)
- Authorizes California Department of Corrections and Rehabilitation (CDCR) to prescribe and amend rules and regulations for the administration of the prisons. (Pen. Code, § 5058.)
- Requires the Director of CDCR to classify and assign an inmate to the institution of the appropriate security level and gender population nearest the inmate’s home, unless other classification factors make such a placement unreasonable. (Pen. Code, § 5068.)
- Requires the Board of State and Community Corrections (BSCC) to establish minimum standards for local correctional facilities. (Pen. Code, § 6030.)
- Requires the sheriff to receive all persons committed to jail by competent authority and the board of supervisors to provide the sheriff with necessary food, clothing, and bedding, for those prisoners, which shall be of a quality and quantity at least equal to the minimum standards and requirements prescribed by the BSCC for the feeding, clothing, and care of prisoners in all county, city and other local jails and detention facilities. (Pen. Code, § 4015.)
- Requires private local detention facilities to follow the minimum standards for local correctional facilitates established by the BSCC. (Pen. Code, § 6031.6, subd. (c).)
- Limits the confinement of a minor in a locked room or cell with minimal or no contact with persons, as specified, and sets forth the guidelines for the use of room confinement of a minor in a juvenile facility. (Welf. & Inst. Code, § 208.3.)
This bill:
- Defines “facility” to means any of the following facilities in California: private detention facilities; jails and prisons; and detention facilities. Defines “detention facility” to mean any facility in which persons are incarcerated or otherwise involuntarily detained or confined for purposes of execution of a punitive sentence imposed by a court or detention pending a trial, hearing, or other judicial or administrative proceeding. Defines “private detention facility” to mean a detention facility that is operated by a private, nongovernmental, for-profit entity and is operating pursuant to a contract or agreement with a local, state, or federal governmental entity.
- Defines “segregated confinement” as the confinement of an individual, in a cell or similarly confined holding or living space, alone or with other individuals, with severely restricted activity, movement, or minimal or no contact with persons other than correctional custodial staff for more than 17 hours per day. Provides that segregated confinement is determined by time spent in a cell and contact with persons other than correctional custodial staff.
- Provides that segregated confinement does not apply to extraordinary, emergency circumstances that require a significant departure from normal institutional operations, including a natural disaster or facility-wide threat that poses an imminent and substantial risk of harm. Provides that this exception applies for the shortest amount of time needed to address the imminent and substantial risk of harm.
- Prohibits a facility from holding an individual in segregated confinement for more than 15 consecutive days and no more than 45 days total in a 180-day period. Requires a facility to transfer the individual out of segregated confinement to an appropriate congregate or individual setting on or before the 15th consecutive day in segregated confinement. Requires the facility to allow the individual at least six hours of daily out-of-cell congregate programming, services, treatment, and meals, with an additional minimum of one hour of congregate recreation, whether held in a congregate or individual setting.
- Prohibits a facility from involuntarily placing an individual in segregated confinement, including for disciplinary reasons, if the individual belongs to a designated population. Defines “designated population” to mean a person who: is 25 years of age or younger, not including persons protected by Section 208.3 of the Welfare and Institutions Code; is 60 years of age or older; has a mental or physical disability or a serious mental disorder, as defined; or, is pregnant or in the first eight weeks of the postpartum recovery period, or has recently suffered a miscarriage or terminated a pregnancy.
- Requires every facility to develop and follow written procedures governing the management of segregated confinement that also meet the standards of care of the type of facility.
- Requires every facility to document the use of segregated confinement, as specified.
- Requires the facility to do all of the following when an individual is placed in segregated confinement: document the facts and circumstances that led to placing the individual into segregated confinement; document the date and time that the individual was placed into segregated confinement; notify its medical or mental health professionals in writing within 12 hours of placing an individual in segregated confinement; check on the individual involuntarily placed in segregated confinement at least twice per hour and monitor the person every 15 minutes or more frequently if the individual is demonstrating unusual behavior or has indicated suicidality or self-harm, unless a medical or mental health professional recommends more frequent checks; assess the individual placed in segregated confinement every 24 hours by a medical or mental health professional and every 48 hours by a mental health professional for ongoing placement in segregated confinement; provide the individual a clear explanation of the reason they have been placed in segregated confinement, the monitoring procedures that the facility will employ to check the individual, and the date and time of the individual’s next court date, if applicable; and offer out-of-cell programming to a person in segregated confinement at least four hours per day, including at least one hour for recreation, as specified.
- Prohibits a facility from imposing limitation on services, treatment, or basic needs, such as clothing, food, and bedding. Prohibits a facility from imposing restricted diets or any other change in diet as a form of punishment. Prohibits an individual from being denied access to their legal counsel or representative while in segregated confinement. Prohibits a facility from using additional shackles, legcuffs, double lock leg irons, or other restrictive means when an individual is in segregated confinement, as specified, unless an individual assessment is documented that restraints are required because of an imminent, significant, and unreasonable risk to the safety and security of other detained persons or staff.
- Requires a facility to maximize the amount of time that an incarcerated person held in segregated confinement spends outside of their cell by providing outdoor and indoor recreation, education, clinically appropriate treatment therapies, and skill-building activities.
- Requires a facility to develop and provide appropriate programming to individuals that pose a significant safety risk to themselves or others and to provide opportunities for individuals to transition to less restrictive housing that are not segregated confinement.
- Prohibits a facility from sending a detained person to segregated confinement as a means of protection from the rest of the detained population or alternative means of separation from a likely abuser. Prohibits a facility from placing a person in segregated confinement solely on the basis of confidential information considered by the facility staff but not provided to the individual placed in segregated confinement or included in required records. Prohibits a facility from placing a person in segregated confinement solely on the basis of the person identifying as lesbian, gay, bisexual, transgender, or gender nonconforming.
- Allows a facility to use segregated confinement for medical isolation purposes, to treat and protect against the spread of a communicable disease for the shortest amount of time required to reduce the risk of infection, in accordance with state and federal public health guidance and with the written approval of a licensed physician or nurse practitioner.
- Requires each facility to create reports regarding the use of segregated confinement, as specified.
- Requires the Office of the Inspector General (OIG) to annually assess each CDCR facility as well as private detention facilities for compliance relating to segregated confinement, and to issue an annual public report, as specified. Requires the BSCC to annually assess each local correctional facility, including private detention facilities, for compliance relating to segregated confinement, and to issue an annual public report with recommendations to the Legislature regarding all aspects of segregated confinement in correctional facilities, as specified.
- Includes a severability clause.
Background
There are no clear standards or limits on the use of segregated confinement in detention facilities operated by state or local governments which are codified in statute. The use of segregated confinement varies depending on the type of facility in which a person is detained. This bill provides a definition of segregated confinement that applies to the state’s prisons, jails, detention facilities, and private detention facilities, establishes limitations on its use, and requires documentation of its use.
County jails have broad discretion to use segregated confinement. Regulations require each county jail facility administrator to develop written policies and procedures for administrative segregation (Cal. Code Regs., tit. 15, § 1053.). Administrative segregation consists of separate and secure housing but is prohibited from involving any other deprivation of privileges than is necessary to obtain the objective of protecting the inmates and staff. Regulations allow county jails to take punitive action for a rule infraction, including disciplinary separation (Cal. Code Regs., tit. 15, § 1082.). If an individual is on disciplinary separation status for 30 consecutive days there must be a review by the facility manager before the disciplinary separation status is continued, and the review must include a consultation with health care staff (Cal. Code Regs., tit. 15, § 1083.).
CDCR also possesses broad discretion regarding the use of solitary confinement, administrative segregated housing, or other forms of isolated placement, including for individuals who violate criminal or administrative statutes or whose presence in an institution’s general population presents an immediate threat to the safety of the inmate or others, endangers institution security, or jeopardizes the integrity of an investigation of an alleged serious misconduct or criminal activity.
In 2015, California settled Ashker v. Governor of California, a class-action lawsuit brought on behalf of a group of individuals incarcerated at Pelican Bay State Prison who had each spent at least a decade in isolation (Center for Constitutional Rights (CCR), Summary of Ashker v. Governor of California Settlement Terms <https://ccrjustice.org/sites/default/files/attach/2015/08/2015-09-01-Ashker-settlement-summary.pdf). The settlement was intended to end the practice of isolating incarcerated individuals who have not violated prison rules, cap the length of time an individual could be placed in solitary confinement, and provide a restrictive but not isolating alternative for the minority of incarcerated individuals who continue to violate prison rules on behalf of a gang (Ibid.). The Ashker agreement was first extended in 2019 by the federal court, based on a finding that CDCR was “effectively frustrating the purpose” of the settlement agreement by systemically violating due process rights (CCR, Court Finds Continued Systemic Constitutional Violations in California Prisons (Feb. 3, 2022) <https://ccrjustice.org/home/press-center/press-releases/court-finds-continued-systemic-constitutional-violations-california ). In February 2022, the court determined that CDCR was continuing to systematically violate the due process rights of inmates despite the Ashker agreement and extended the agreement for a second one-year term (Ibid.).
This bill also applies to private detention facilities which this bill defines as a detention facility that is operated by a private, nongovernmental, for-profit entity, and is operating pursuant to a contract or agreement with a local, state, or federal governmental entity. As such, this bill applies to private detention facilities that are operated by private, nongovernmental entities pursuant to contracts with the federal government, including but not limited to, the Bureau of Prisons, the U.S. Marshalls Service, and U.S. Immigrations Customs Enforcement. California is permitted to regulate private facilities that are not under the control of the federal government, and can regulate federal detention facilities to the extent that the regulation does not disturb federal arrest or detention decisions (United States v. California (2019) 921 F.3d 865, 885.).
This bill tests the limits of California’s authority to legislate regarding private detention facilities located within the state and contracted by the federal government. In Geo Grp. Inc. v. Newsom (2021) 15 F.4th 919, the federal government and a private company contracted by the federal government to operate some of its detention facilities challenged AB 32 (Bonta, Chapter 739, Statutes of 2019), which would have phased out all private detention facilities within California, including those contracted with the federal government. California argued that AB 32 was a valid exercise of its police powers because the well-being of detainees falls within a state’s traditional police powers (Ibid.). The Ninth Circuit Court rejected that argument, explaining that California was not simply exercising its traditional police powers, but rather, impeding federal immigration policy (GEO Grp. Inc., v. Newsom (2021) 15 F.4th 919, fn 2.). The court held that the state cannot dictate the policies of the federal prison system, state law cannot intrude on federal detention decisions, and the state cannot regulate “whether or where” an immigration detainee may be confined (Ibid.). Laws regulating where an immigration detainee may be confined are within the purview of the federal government, and the state cannot make laws that constitute an obstacle to the federal government’s enforcement of its detention scheme (Ibid.; see also, United States v. California (2019) 921 F.3d 865, 8856 [upholding a state law that does not regulate “whether or where an immigration detainee may be confined” or “require that federal detention decisions” conform to state law].).
After granting en banc review, the Ninth Circuit found that AB 32 would “override the federal government’s decision, pursuant to discretion conferred by Congress, to use private contractors to run its immigration detention facilities” and would allow “discretion of federal officers to be exercised only if the state approves.” (Geo Grp., Inc. v. Newsom (9th Cir. 2022) 50 F.4th 745, 750-51.) The Ninth Circuit held that “California cannot exert this level of control over the federal government’s detention operations.” (Id. at 751.)
This bill contains a severability provision which provides that in the event any portion of the provisions of this bill are found invalid or unconstitutional by a court, the provisions of the bill not subject to that finding would be preserved.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee:
CDCR: Unknown one-time and ongoing costs to the Department of Corrections and Rehabilitation (CDCR), likely in the hundreds of millions (General Fund).
OIG: Annual, ongoing costs of approximately $3.9 million to the Office of the Inspector General (OIG) in additional staffing to complete the monitoring and reporting duties proposed by AB 280 (General Fund).
BSCC: Annual, ongoing costs of approximately $250,000 in additional staffing to the Board of State and Community Corrections (BSCC) to conduct required inspections and assessments (General Fund).
DOJ: Annual, ongoing costs of approximately $50,000 to the Department of Justice (DOJ) in additional staffing as a result of increased complaints to the Corrections, Writs and Appeals section (Legal Services Revolving Fund). The DOJ also reports unquantifiable but potentially significant costs to the Civil Law Division and/or Correctional Law Section as a result of increased legal challenges (Legal Services Revolving Fund). Costs would be reimbursable through direct billings to CDCR, the client agency.
Local facilities: Unknown, potentially reimbursable costs, possibly in the millions to tens of millions to counties for additional correctional staff and potential construction to comply with the requirements of this bill (General Fund/Proposition 30, local funds).
SUPPORT: (Verified 9/1/23)
California Collaborative for Immigrant Justice (co-source)
California Families Against Solitary Confinement (co-source)
Disability Rights California (co-source)
Immigrant Defense Advocates (co-source)
Nextgen California (co-source)
ACLU California Action
Alianza Sacramento
American College of Obstetricians and Gynecologists District IX
Amnesty International USA
Cal Voices
California Association of Social Rehabilitation Agencies
California Attorneys for Criminal Justice
California Catholic Conference
California Democratic Party
California Immigrant Policy Center
California Public Defenders Association
California State Council on Developmental Disabilities
Center for Gender & Refugee Studies
Community Legal Services in East Palo Alto
Depression and Bipolar Support Alliance - California
Disability Rights Advocates
Ella Baker Center for Human Rights
End Solitary Santa Cruz County
Episcopal Diocese of Los Angeles
Freedom for Immigrants
Friends Committee on Legislation of California
Greater Sacramento Urban League
GRIP Training Institute
Haitian Bridge Alliance
Halt Solitary Campaign
Hoops4Justice
Immigrant Legal Resource Center
Indivisible CA: StateStrong
LA Defensa
Lawyers’ Committee for Civil Rights of the San Francisco Bay Area
League of Women Voters of California
Los Angeles County District Attorney’s Office
Mujeres Unidas Y Activas
Multi-faith ACTION Coalition
National Association of Social Workers, California Chapter
National Lawyers Guild San Francisco Bay Area Chapter
National Religious Campaign Against Torture
Oakland Privacy
Open Immigration Legal Services
Plymouth United Church of Christ - Oakland
Prison Law Office
Public Law Center
Robert F. Kennedy Human Rights
Root & Rebound
San Francisco Public Defender
Smart Justice California
Social Workers & Allies Against Solitary Confinement
Steinberg Institute
Unlock the Box
Young Women’s Freedom Center
OPPOSITION: (Verified 9/1/23)
California Association of Psychiatric Technicians
California State Sheriffs’ Association
California Statewide Law Enforcement Association
Chief Probation Officers’ of California
Deputy Sheriffs’ Association of Monterey County
Los Angeles County Professional Peace Officers Association
Los Angeles County Sheriff's Department
Peace Officers Research Association of California
Placer County Deputy Sheriffs’ Association
Riverside Sheriffs’ Association
ASSEMBLY FLOOR: 56-16, 5/31/23
AYES: Addis, Aguiar-Curry, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Holden, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Ortega, Pacheco, Papan, Pellerin, Quirk-Silva, Reyes, Luz Rivas, Robert Rivas, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
NOES: Chen, Megan Dahle, Davies, Dixon, Essayli, Flora, Vince Fong, Gallagher, Hoover, Lackey, Mathis, Jim Patterson, Joe Patterson, Sanchez, Ta, Wallis
NO VOTE RECORDED: Alanis, Irwin, Stephanie Nguyen, Petrie-Norris, Ramos, Rodriguez, Villapudua, Waldron
Prepared by: Stephanie Jordan / PUB. S. /
9/5/23 9:20:13
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
AB 280 (Holden) - Segregated confinement
Version: June 20, 2023 | Policy Vote: PUB. S. 3 - 1 |
Urgency: No | Mandate: Yes |
Hearing Date: September 1, 2023 | Consultant: Matthew Fleming |
Bill Summary:
AB 280 would limit the use of “segregated confinement” and establish procedures related to the use of segregated confinement in detention facilities throughout the state.
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on September 1, 2023
Fiscal Impact:
- CDCR: Unknown one-time and ongoing costs to the Department of Corrections and Rehabilitation (CDCR), likely in the hundreds of millions (General Fund).
- OIG: Annual, ongoing costs of approximately $3.9 million to the Office of the Inspector General (OIG) in additional staffing to complete the monitoring and reporting duties proposed by AB 280 (General Fund).
- BSCC: Annual, ongoing costs of approximately $250,000 in additional staffing to the Board of State and Community Corrections (BSCC) to conduct required inspections and assessments (General Fund).
- DOJ: Annual, ongoing costs of approximately $50,000 to the Department of Justice (DOJ) in additional staffing as a result of increased complaints to the Corrections, Writs and Appeals section (Legal Services Revolving Fund). The DOJ also reports unquantifiable but potentially significant costs to the Civil Law Division and/or Correctional Law Section as a result of increased legal challenges (Legal Services Revolving Fund). Costs would be reimbursable through direct billings to CDCR, the client agency.
- Local facilities: Unknown, potentially reimbursable costs, possibly in the millions to tens of millions to counties for additional correctional staff and potential construction to comply with the requirements of this bill (General Fund/Proposition 30, local funds).
Author Amendments:
Provide that a “mental health professional” includes a licensed professional clinical counselor, as specified.
-- END --
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
AB 280 (Holden) - Segregated confinement
Version: June 20, 2023 | Policy Vote: PUB. S. 3 - 1 |
Urgency: No | Mandate: Yes |
Hearing Date: August 14, 2023 | Consultant: Matthew Fleming |
Bill Summary:
AB 280 would limit the use of “segregated confinement” and establish procedures related to the use of segregated confinement in detention facilities throughout the state.
Fiscal Impact:
- CDCR: Unknown one-time and ongoing costs to the Department of Corrections and Rehabilitation (CDCR), likely in the hundreds of millions (General Fund).*
- OIG: Annual, ongoing costs of approximately $3.9 million to the Office of the Inspector General (OIG) in additional staffing to complete the monitoring and reporting duties proposed by AB 280 (General Fund).*
- BSCC: Annual, ongoing costs of approximately $250,000 in additional staffing to the Board of State and Community Corrections (BSCC) to conduct required inspections and assessments (General Fund).
- DOJ: Annual, ongoing costs of approximately $50,000 to the Department of Justice (DOJ) in additional staffing as a result of increased complaints to the Corrections, Writs and Appeals section (Legal Services Revolving Fund). The DOJ also reports unquantifiable but potentially significant costs to the Civil Law Division and/or Correctional Law Section as a result of increased legal challenges (Legal Services Revolving Fund). Costs would be reimbursable through direct billings to CDCR, the client agency.
- Local facilities: Unknown, potentially reimbursable costs, possibly in the millions to tens of millions to counties for additional correctional staff and potential construction to comply with the requirements of this bill (General Fund/Proposition 30, local funds).
*See Staff Comments for additional detail.
Background:
Under the current system, CDCR possesses broad discretion regarding the use of solitary confinement, administrative segregated housing, or other forms of isolated placement. According CDCR’s Department Operations Manual (DOM), some individuals are in “controlled housing” because they present “too great management problem for housing in general population settings.” These housing units include but are not limited to the Security Housing Unit (SHU), Administrative Segregation Unit (Ad-Seg), Psychiatric Services Unit (PSU), and the Protective Housing Unit (PHU). SHU terms are calculated using a matrix which allows for SHU terms from two to 60 months based on offense type.
Individuals who violate criminal or administrative statutes “shall be dealt with in the strictest possible legal manner,” including among other things, segregation from the inmate general population. When an individual’s presence in an institution’s general population presents an immediate threat to the safety of the inmate or others, endangers institution security or jeopardizes the integrity of an investigation of an alleged serious misconduct or criminal activity, the inmate is required to be immediately removed from general population and placed in Ad-Seg.
CDCR also utilizes disciplinary detention units or “DDs.” DD is a temporary housing status which confines individuals assigned to designated rooms or cells for prescribed periods of time as punishment for serious acts of misbehavior. (DOM § 52080.20.) Placement in DD is excluded from the regulations governing segregated housing. (Cal. Code Regs, tit. 15, § 3335.5.)
Incarcerated individuals can also be “confined to quarters” (CTQ). CTQ refers to an authorized disciplinary hearing action whereby the person is restricted to their assigned quarters for a period not to exceed five days for administrative rule violations or ten days for serious rule violations. (DOM § 52080.23.) A person charged with a serious rule violation may be subject to immediate segregation from the general population, and can be placed in CTQ for up to 10 days, or longer with director approval. (DOM §§ 52080.5.6, 52080.19.)
In 2015, California settled Ashker v. Governor of California, a class-action lawsuit brought on behalf of a group of individuals incarcerated at Pelican Bay State Prison who had each spent at least a decade in isolation. The settlement was intended to end the practice of isolating incarcerated individuals who have not violated prison rules, cap the length of time a prisoner can spend in solitary confinement, and provide a restrictive but not isolating alternative for the minority of prisoners who continue to violate prison rules on behalf of a gang. (Ibid.)
The Ashker agreement was first extended in 2019 by the federal court, based on a finding that CDCR was “effectively frustrating the purpose” of the settlement agreement by systemically violating due process rights. In February 2022, the court determined that CDCR was continuing to systematically violate the due process rights of inmates despite the Ashker agreement. The court found that CDCR is relying on inaccurate and fabricated confidential information to place individuals in solitary confinement, using dubious gang affiliations to deny them a fair opportunity for parole, and holding them in a restricted unit in the general population without adequate procedural safeguards. (Ibid.) Citing these violations, the court extended the Ashker agreement for a second one-year term.
County jails have broad discretion to use segregated confinement. Regulations require each county jail facility administrator to develop written policies and procedures for administrative segregation. Administrative segregation consists of separate and secure housing but is prohibited from involving any other deprivation of privileges than is necessary to obtain the objective of protecting the inmates and staff.
Regulations allow county jails to take punitive action for a rule infraction, including disciplinary separation. If an individual is on disciplinary separation status for 30 consecutive days there must be a review by the facility manager before the disciplinary separation status is continued, and the review must include a consultation with health care staff.
Proposed Law:
- Defines “segregated confinement” as the confinement of an individual, in a cell or similarly confined holding or living space, alone or with other individuals, with severely restricted activity, movement, or minimal or no contact with persons other than custodial staff for more than 17 hours per day.
- Provides that segregated confinement is determined by time spent in a cell and contact with persons other than custodial staff.
- Provides that segregated confinement does not apply to extraordinary, emergency circumstances that require a significant departure from normal institutional operations, including a natural disaster or facility-wide threat that poses an imminent and substantial risk of harm. Provides that this exception applies for the shortest amount of time needed to address the imminent and substantial risk of harm.
- Prohibits a facility from holding an individual in segregated confinement for more than 15 consecutive days and no more than 45 days total in a 180-day period. Requires a facility to transfer the individual out of segregated confinement to an appropriate congregate or individual setting on or before the 15th consecutive day in segregated confinement. Requires the facility to allow the individual at least six hours of daily out-of-cell congregate programming, services, treatment, and meals, with an additional minimum of one hour of congregate recreation, whether held in a congregate or individual setting.
- Prohibits a facility from involuntarily placing an individual in segregated confinement, including for disciplinary reasons, if the individual belongs to a designated population.
- Defines “designated population” to mean a person who is:
- Is 25 years of age or younger, not including persons protected by Section 208.3 of the Welfare and Institutions Code;
- Is 60 years of age or older;
- Has a developmental disability or a serious mental disorder, as defined; or,
- Is pregnant or in the first eight weeks of the postpartum recovery period, or has recently suffered a miscarriage or terminated a pregnancy.
- Provides that a person who disputes a decision made by facility staff or facility medical professionals regarding qualification in the designated populations category may request and receive a secondary review of the determination. Requires the facility administrator or chief physician to conduct the secondary review, as appropriate.
- Requires every facility to develop and follow written procedures governing the management of segregated confinement that also meet the standards of care of the type of facility, and make those written procedures publicly available.
- Requires every facility to document the use of segregated confinement through all of the following procedures:
- Requires a written order to be completed and approved by the facility administrator or designee within 24 hours of a person being placed in segregated confinement.
- Requires the order to be provided to the individual within 24 hours of placement in segregated confinement, and its contents communicated to them in a language or manner the individual can understand.
- Requires a clear and consistent log to be kept, detailing the time spent in segregated confinement and the necessary compliance with the standards required for that confinement.
- Requires the written records be maintained by the facility and updated daily.
- Requires the facility to abide by specified procedures when an individual is placed in segregated.
- Requires a facility to maximize the amount of time that an incarcerated person held in segregated confinement spends outside of their cell by providing outdoor and indoor recreation, education, clinically appropriate treatment therapies, and skill-building activities. Requires cells or other holding or living spaces used for segregated confinement to be properly ventilated, appropriately lit according to the time of day, temperature-monitored, clean, and equipped with properly functioning sanitary fixtures.
- Requires a facility to develop and provide appropriate programming to individuals that pose a significant safety risk to themselves or others. Requires a facility to provide opportunities for individuals to transition to less restrictive housing that are not segregated confinement, including, but not limited to, evidence-based transition programs and models found to be effective and successful in other carceral facilities.
- Prohibits a facility from sending a detained person to segregated confinement as a means of protection from the rest of the detained population or alternative means of separation from a likely abuser. Requires the facility to transfer a person who fears for their safety to a more appropriate custody, including, but not limited to, a single cell with sufficient programming and out-of-cell time such that it is not segregated confinement, a different section of the facility, or a sensitive needs yard or individual housing. Requires placement in these alternative forms of custody to give full access to out-of-cell time, programming, and other services available to the rest of the detained population.
- Prohibits a facility from placing a person in segregated confinement solely on the basis of confidential information considered by the facility staff but not provided to the individual placed in segregated confinement or included in required records.
- Prohibits a facility from placing a person in segregated confinement solely on the basis of the person identifying as lesbian, gay, bisexual, transgender, or gender nonconforming.
- Allows a facility to use segregated confinement for medical isolation purposes, to treat and protect against the spread of a communicable disease for the shortest amount of time required to reduce the risk of infection, in accordance with state and federal public health guidance and with the written approval of a licensed physician or nurse practitioner.
- Requires each facility to create a monthly report, on the first day of each month, as well as semiannual and annual cumulative reports. Requires each facility to make the reports available to the public by posting them to the facility’s website, and requires the reports to include the total number of individuals held in segregated confinement in the prior month and data pertaining to individuals in segregated confinement, including, but not limited to, age, race, gender, and number of days in segregated confinement.
- Requires the Office of the Inspector General (OIG) to assess each correctional facility within CDCR, as specified.
- Requires the BSCC to assess each local correctional facility, including private detention facilities, for compliance, as specified.
- Requires local and state authorities to promulgate regulations or directives implementing the provisions of this bill.
- Provides that its provisions do not remove or reduce the requirements on health care facilities, as specified.
Related Legislation:
AB 2632 (Holden, 2022) was substantially similar to this bill. AB 2632 was vetoed by the Governor.
Staff Comments:
- CDCR reports that there are currently 29 institutions with some version of a restricted housing program and that each institution’s specific needs will differ. CDCR estimates it would need to increase the space for exercise yards by approximately 50% and double the space for programming. CDCR estimates doubling the programming space at each institution would have a one-time fiscal impact of approximately $700 million, and expanding exercise yards would have a one-time fiscal impact of approximately $200 - $400 million. CDCR also estimates an increase in custody staffing required to effectively implement the bill, costing $6.5 million at each institution. Across the 29 institutions, this would total approximately $188 million.
- The OIG anticipates requiring an additional 24 permanent positions to perform its monitoring and reporting duties. Those staff would consist of 3.0 Senior Deputy Inspector Generals, 15.0 Deputy inspector Generals, spread across the North, Central, and South regions of the State to monitor the 29 institutions that would qualify for OIG inspection under the bill. In addition, the OIG report that it would require 6.0 permanent positions of varying classification for its headquarters, in order to produce required publications, HR, and to create new information databases for this new monitoring program and absorb the additional technical support necessary with the addition of the other new staff.
-- END --
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Aisha Wahab, Chair
2023 - 2024 Regular
Bill No: AB 280 Hearing Date: July 11, 2023
Author: | Holden | ||
Version: | June 20, 2023 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | SJ | ||
Subject: Segregated confinement
HISTORY
Source: California Collaborative for Immigrant Justice
California Families Against Solitary Confinement
Disability Rights California
Immigrant Defense Advocates
Nextgen California
Prior Legislation: AB 2632 (Holden), vetoed in 2022
AB 2321 (Jones-Sawyer), Ch. 781, Stats. 2022
AB 1225 (Waldron), died in Assembly Appropriations in 2021
SB 132 (Wiener), Ch. 182, Stats. 2019
SB 124 (Leno), held in Assembly Appropriations in 2015
SB 970 (Yee), not heard in 2014
SB 61 (Yee), ordered to Inactive File in 2013
SB 1363 (Yee), failed passage in Senate Public Safety in 2012
Support: Alianza Sacramento; American College of Obstetricians and Gynecologists District Ix; Amnesty International USA; Cal Voices; California Association of Social Rehabilitation Agencies; California Attorneys for Criminal Justice; California Catholic Conference; California Collaborative for Immigrant Justice; California Families Against Solitary Confinement; California Families Against Solitary Confinement (CFASC); California Immigrant Policy Center; California Public Defenders Association; California State Council on Developmental Disabilities; Center for Gender & Refugee Studies; Community Legal Services in East Palo Alto; Depression and Bipolar Support Alliance – California; Disability Rights Advocates; Disability Rights California; Ella Baker Center for Human Rights; End Solitary Santa Cruz County; Episcopal Diocese of Los Angeles; Freedom for Immigrants; Friends Committee on Legislation of California; Greater Sacramento Urban League; GRIP Training Institute; Haitian Bridge Alliance; Halt Solitary Campaign; Hoops4justice; Immigrant Defense Advocates; Immigrant Legal Resource Center; Indivisible CA: StateStrong; Lawyers' Committee for Civil Rights of The San Francisco Bay Area; League of Women Voters of California; Los Angeles County District Attorney's Office; Mujeres Unidas Y Activas; Multi-faith Action Coalition; National Association of Social Workers; California Chapter; National Lawyers Guild San Francisco Bay Area Chapter; National Religious Campaign Against Torture; Nextgen California; Oakland Privacy; Open Immigration Legal Services; Plymouth United Church of Christ – Oakland; Prison Law Office; Public Law Center; Robert F. Kennedy Human Rights; Root & Rebound; San Francisco Public Defender; Smart Justice California; Social Workers & Allies Against Solitary Confinement; Steinberg Institute; Unlock the Box; Young Women's Freedom Center
Opposition: California State Sheriffs’ Association; California Statewide Law Enforcement Association; Los Angeles County Professional Peace Officers Association; Los Angeles County Sheriff’s Department; Peace Officers Research Association of California; (unless amended) Chief Probation Officers’ of California
Assembly Floor Vote: 56 - 16
PURPOSE
The purpose of this bill is to: (1) codify a definition for “segregated confinement” that applies to the state’s prisons, county jails, detention facilities, and private detention facilities; (2) limit the use of segregated confinement to no more than 15 consecutive days and no more than 45 days total in a 180-day period; (3) prohibit the use of segregated confinement if the person belongs to a designated population, as defined; (4) establish procedures related to the use of segregated confinement; and (5) establish reporting requirements when segregated confinement is used.
Existing federal law prohibits the deprivation of life, liberty, or property without due process of law or the denial of equal protection of the laws. (U.S. Const., 5th & 14th Amends.)
Existing federal law prohibits the infliction of cruel and unusual punishment. (U.S. Const., 8th Amend.)
Existing law grants all people certain inalienable rights, including pursing and obtaining safety, happiness, and privacy. (Cal. Const., art. I, § 1.)
Existing law prohibits the deprivation of life, liberty, or property without due process of law or the denial of equal protection of the laws. (Cal. Const., art. I, § 7.)
Existing law prohibits the infliction of cruel and unusual punishment. (Cal. Const., art. I, § 17.)
Existing law establishes rights for persons sentenced to imprisonment in a state prison, and provides that a person may, during that period of confinement be deprived of such rights, and only such rights, as is reasonably related to legitimate penological interests. (Pen. Code, § 2600.)
Existing law prohibits the use of any cruel, corporal or unusual punishment or to inflict any treatment or allow any lack of care whatever which would injure or impair the health of the prisoner, inmate or person confined. (Pen. Code, § 2652.)
Existing law authorizes CDCR to prescribe and amend rules and regulations for the administration of the prisons. (Pen. Code, § 5058.)
Existing law requires the Director of CDCR to classify and assign an incarcerated person to the institution of the appropriate security level and gender population nearest the person’s home, unless other classification factors make such a placement unreasonable. (Pen. Code, § 5068.)
Existing law requires the Board of State and Community Corrections (BSCC) to establish minimum standards for local correctional facilities. (Pen. Code, § 6030.)
Existing law requires the sheriff to receive all persons committed to jail by competent authority and the board of supervisors to provide the sheriff with necessary food, clothing, and bedding, for those individuals, which shall be of a quality and quantity at least equal to the minimum standards and requirements prescribed by the BSCC for the feeding, clothing, and care of incarcerated individuals in all county, city and other local jails and detention facilities. (Pen. Code, § 4015.)
Existing law requires privately operated local detention facilities to operate pursuant to a contract with the city, county or city and county. (Pen. Code, § 6031.6.)
Existing law requires private local detention facilities to follow the minimum standards for local correctional facilitates established by the BSCC. (Pen. Code, § 6031.6, subd. (b).)
Existing law limits the confinement of a minor in a locked room or cell with minimal or no contact with persons, as specified, and sets forth the guidelines for the use of room confinement of a minor in a juvenile facility. (Welf. & Inst. Code, § 208.3.)
Existing law requires the Attorney General to conduct reviews of county, local, or private locked detention facilities in which noncitizens are being housed or detained for purposes of civil immigration proceedings until July 1, 2027. (Gov. Code § 12532, subd. (a).)
Existing law prohibits a city, county or public agency from contracting with a private facility for the purpose of civil immigration facilities, except as specified. (Civ. Code, § 1670.9.)
Existing law prohibits private detention facilities in California, as specified. (Pen. Code, §§ 5003.1 & 9501.)
This bill defines “facility” to means any of the following facilities in California: private detention facilities; jails and prisons; and detention facilities.
This bill defines “detention facility” to mean a facility in which persons are incarcerated or otherwise involuntarily confined for purposes of execution of a punitive sentence imposed by a court or detention pending a trial, hearing, or other judicial or administrative proceeding.
This bill defines “private detention facility” to mean a detention facility that is operated by a private, nongovernmental, for-profit entity and is operating pursuant to a contract or agreement with a local, state, or federal governmental entity.
This bill defines “segregated confinement” as the confinement of an individual, in a cell or similarly confined holding or living space, alone or with other individuals, with severely restricted activity, movement, or minimal or no contact with persons other than custodial staff for more than 17 hours per day.
This bill provides that segregated confinement is determined by time spent in a cell and contact with persons other than custodial staff.
This bill provides that segregated confinement does not apply to extraordinary, emergency circumstances that require a significant departure from normal institutional operations, including a natural disaster or facility-wide threat that poses an imminent and substantial risk of harm. Provides that this exception applies for the shortest amount of time needed to address the imminent and substantial risk of harm.
This bill defines “medical professional” to mean a licensed physician, physician assistant, or nurse practitioner.
This bill defines “mental health professional” to mean someone who makes mental health evaluations and is a licensed psychiatrist, psychologist, licensed clinical social worker, or an advanced practice nurse or clinical nurse specialist with a specialty in psychiatric nursing.
This bill prohibits a facility from holding an individual in segregated confinement for more than 15 consecutive days and no more than 45 days total in a 180-day period. Requires a facility to transfer the individual out of segregated confinement to an appropriate congregate or individual setting on or before the 15th consecutive day in segregated confinement. Requires the facility to allow the individual at least six hours of daily out-of-cell congregate programming, services, treatment, and meals, with an additional minimum of one hour of congregate recreation, whether held in a congregate or individual setting.
This bill prohibits a facility from involuntarily placing an individual in segregated confinement, including for disciplinary reasons, if the individual belongs to a designated population.
This bill defines “designated population” to mean a person who is:
- Is 25 years of age or younger, not including persons protected by Section 208.3 of the Welfare and Institutions Code;
- Is 60 years of age or older;
- Has a developmental disability or a serious mental disorder, as defined; or,
- Is pregnant or in the first eight weeks of the postpartum recovery period, or has recently suffered a miscarriage or terminated a pregnancy.
This bill provides that a person who disputes a decision made by facility staff or facility medical professionals regarding qualification in the designated populations category may request and receive a secondary review of the determination. Requires the facility administrator or chief physician to conduct the secondary review, as appropriate.
This bill requires every facility to develop and follow written procedures governing the management of segregated confinement that also meet the standards of care of the type of facility, and make those written procedures publicly available.
This bill requires every facility to document the use of segregated confinement through all of the following procedures:
- Requires a written order to be completed and approved by the facility administrator or designee within 24 hours of a person being placed in segregated confinement.
- Requires the order to be provided to the individual within 24 hours of placement in segregated confinement, and its contents communicated to them in a language or manner the individual can understand.
- Requires a clear and consistent log to be kept, detailing the time spent in segregated confinement and the necessary compliance with the standards required for that confinement.
- Requires the written records be maintained by the facility and updated daily.
This bill requires the facility to do all of the following when an individual is placed in segregated confinement:
- Document the facts and circumstances that led to placing the individual into segregated confinement.
- Document the date and time that the individual was placed into segregated confinement.
- Notify its medical or mental health professionals in writing within 12 hours of placing an individual in segregated confinement.
- Check on the individual involuntarily placed in segregated confinement at least twice per hour. Requires the facility to monitor the person every 15 minutes or more frequently if the individual is demonstrating unusual behavior or has indicated suicidality or self-harm, unless a medical or mental health professional recommends more frequent checks.
- Assess the individual involuntarily placed in segregated confinement every 24 hours by a medical or mental health professional and every 48 hours by a mental health professional for ongoing placement in segregated confinement.
- Provide the individual a clear explanation of the reason they have been placed in segregated confinement, the monitoring procedures that the facility will employ to check the individual, and the date and time of the individual’s next court date, if applicable. Requires the explanation be provided to the individual in writing, in a language or manner the individual can understand, within 24 hours of placement in segregated confinement.
- Prohibits a facility from imposing limitation on services, treatment, or basic needs, such as clothing, food, and bedding. Prohibits a facility from imposing restricted diets or any other change in diet as a form of punishment. Prohibits an individual from being denied access to their legal counsel or representative while in segregated confinement.
- Offer out-of-cell programming to a person in segregated confinement at least four hours per day, including at least one hour for recreation. Requires that a person in segregated confinement be offered programming led by program or therapeutic staff that is comparable to the programming offered to a person in the general population. Provides that all other out-of-cell time may include peer-led programs, time in a day room or out-of-cell recreation area with other people, congregate meals, volunteer programs, or other congregate activities unless the facility administrator or medical or mental health professional determine that a person poses an extraordinary and unacceptable risk of imminent physical harm to the safety or security of other detained people or staff. Requires the facility, in those cases, to provide the individual with the required out-of-cell time in an appropriate manner that provides access to staff-based programming and contact with persons other than custodial staff. Requires a facility to document any program restrictions it imposes and articulate, in writing, the basis for limiting access to congregate programming with a copy provided to the detained person that contains the specific reason why the person currently poses an extraordinary and unacceptable risk of imminent physical harm to the safety or security of detained persons or staff. Prohibits a facility from conducting out-of-cell programming opportunities in a smaller cage or therapy module. Provides that time spent on an unpaid work assignment or in paid employment is not considered out-of-cell programming.
- Not use additional shackles, legcuffs, double lock leg irons, or other restrictive means when an individual is in segregated confinement, including, but not limited to, transportation to recreation, programs, and other services, unless an individual assessment is documented that restraints are required because of an imminent, significant, and unreasonable risk to the safety and security of other detained persons or staff.
This bill requires a facility to maximize the amount of time that an incarcerated person held in segregated confinement spends outside of their cell by providing outdoor and indoor recreation, education, clinically appropriate treatment therapies, and skill-building activities. Requires cells or other holding or living spaces used for segregated confinement to be properly ventilated, appropriately lit according to the time of day, temperature-monitored, clean, and equipped with properly functioning sanitary fixtures.
This bill requires a facility to develop and provide appropriate programming to individuals that pose a significant safety risk to themselves or others. Requires a facility to provide opportunities for individuals to transition to less restrictive housing that are not segregated confinement, including, but not limited to, evidence-based transition programs and models found to be effective and successful in other carceral facilities. Specifies that this can include, but is not limited to, all of the following:
- Transition pods, which provide participants with the opportunity to interact with other incarcerated individuals while out of restraints.
- Transition groups, which are a revolving group that assists individuals who are preparing to be promoted to lower custody levels.
- Residential rehabilitation units that are designed to provide access to therapy, treatment, and rehabilitative programming for individuals who have been determined to require more than 15 days of segregated confinement. Requires these units to be therapeutic and trauma informed, and aim to address individual treatment and rehabilitation needs and underlying causes of problematic behaviors.
This bill prohibits a facility from sending a detained person to segregated confinement as a means of protection from the rest of the detained population or alternative means of separation from a likely abuser. Requires the facility to transfer a person who fears for their safety to a more appropriate custody, including, but not limited to, a single cell with sufficient programming and out-of-cell time such that it is not segregated confinement, a different section of the facility, or a sensitive needs yard or individual housing. Requires placement in these alternative forms of custody to give full access to out-of-cell time, programming, and other services available to the rest of the detained population.
This bill prohibits a facility from placing a person in segregated confinement solely on the basis of confidential information considered by the facility staff but not provided to the individual placed in segregated confinement or included in required records.
This bill prohibits a facility from placing a person in segregated confinement solely on the basis of the person identifying as lesbian, gay, bisexual, transgender, or gender nonconforming.
This bill allows a facility to use segregated confinement for medical isolation purposes, to treat and protect against the spread of a communicable disease for the shortest amount of time required to reduce the risk of infection, in accordance with state and federal public health guidance and with the written approval of a licensed physician or nurse practitioner.
This bill requires each facility to create a monthly report, on the first day of each month, as well as semiannual and annual cumulative reports. Requires each facility to make the reports available to the public by posting them to the facility’s website, and requires the reports to include the total number of individuals held in segregated confinement in the prior month and data pertaining to individuals in segregated confinement, including, but not limited to, age, race, gender, and number of days in segregated confinement.
This bill requires the Office of the Inspector General (OIG) to assess each correctional facility within CDCR, including private detention facilities, for compliance, relating to segregated confinement, and to issue a public report, no less than annually, with recommendations to the Legislature regarding all aspects of segregated confinement in correctional facilities, including, but not limited to, policies and practices concerning placement of persons in segregated confinement; designated populations; length of time spent in segregated confinement; hearings and procedures; programs, treatment, and conditions of confinement in segregated confinement; and assessments and rehabilitation plans, procedures, and discharge determinations. Provides that the OIG has full access to all records of facilities in their jurisdiction pertaining to segregated confinement and may conduct site inspections as appropriate.
This bill requires the BSCC to assess each local correctional facility, including private detention facilities, for compliance with this article, relating to segregated confinement, and to issue a public report, no less than annually, with recommendations to the Legislature regarding all aspects of segregated confinement in correctional facilities, including, but not limited to, policies and practices concerning placement of persons in segregated confinement; designated populations; length of time spent in segregated confinement; hearings and procedures; programs, treatment, and conditions of confinement in segregated confinement; and assessments and rehabilitation plans, procedures, and discharge determinations. Provides that the BSCC has full access to all records of facilities in their jurisdiction pertaining to segregated confinement and may conduct site inspections as appropriate.
This bill requires local and state authorities to promulgate regulations or directives implementing the provisions of this bill.
This bill provides that its provisions do not remove or reduce the requirements on health care facilities, as specified.
This bill includes a severability provision.
This bill provides that nothing in its provisions shall be construed as mandating construction. Provides that a facility may repurpose existing space to accommodate out-of-cell time and programming for individuals, so that it can be accomplished in a safe and humane manner. Provides that a facility may redesignate existing facilities and cells to comply with the provisions of the bill.
This bill provides that nothing in its provisions shall be construed as eliminating the use of individual housing when reasonable, appropriate, or required, including when that housing is requested by an individual and deemed appropriate.
This bill provides that nothing in its provisions shall be construed as requiring a facility to place an individual in the general population or congregate housing once they reach the 15-day limit on segregated confinement. Requires the facility to seek to place the individual in appropriate housing, including, but not limited to, individual housing with adequate programming and support in order to ensure the safety and well-being of the individual, as well as other individuals in the facility and staff.
COMMENTS
- Need For This Bill
According to the author:
The practice of confining an individual alone in a concrete cell for months, years, and even decades on end grossly undermines the eighth amendment, protecting us all from cruel and unusual punishment. This is a human rights issue. Aside from the fact that solitary confinement only diminishes the prospects of successful rehabilitation, there are large bodies of research linking solitary confinement to self-harm, the deterioration of one’s mental health and even suicide. We have even seen instances of pregnant women giving birth in solitary confinement. This is simply not right. California must discard this tortuous and counterproductive practice.
- Existing Rules Governing Segregated Confinement in County Jails and State Prisons
There are no clear standards or limits on the use of segregated confinement in detention facilities operated by state or local governments which are codified in statute. The use of segregated confinement varies depending on the type of facility in which a person is detained. This bill provides a definition of segregated confinement that applies to the state’s prisons, jails, detention facilities, and private detention facilities, establishes limitations on its use, and requires documentation of its use.
County Jails
County jails have broad discretion to use segregated confinement. Regulations require each county jail facility administrator to develop written policies and procedures for administrative segregation. (Cal. Code Regs., tit. 15, § 1053.) Administrative segregation consists of separate and secure housing but is prohibited from involving any other deprivation of privileges than is necessary to obtain the objective of protecting the inmates and staff.
Regulations allow county jails to take punitive action for a rule infraction, including disciplinary separation. (Cal. Code Regs., tit. 15, § 1082.) If an individual is on disciplinary separation status for 30 consecutive days there must be a review by the facility manager before the disciplinary separation status is continued, and the review must include a consultation with health care staff. (Cal. Code Regs., tit. 15, § 1083.)
State Prisons
Under the current system, CDCR possesses broad discretion regarding the use of solitary confinement, administrative segregated housing, or other forms of isolated placement. According CDCR’s Department Operations Manual (DOM), some individuals are in “controlled housing” because they present “too great management problem for housing in general population settings.” (DOM § 33010.30.) These housing units include but are not limited to the Security Housing Unit (SHU), Administrative Segregation Unit (Ad-Seg), Psychiatric Services Unit (PSU), and the Protective Housing Unit (PHU). SHU terms are calculated using a matrix which allows for SHU terms from two to 60 months based on offense type. (Cal. Code Regs, tit. 15, § 3341.9.)
Individuals who violate criminal or administrative statutes “shall be dealt with in the strictest possible legal manner,” including among other things, segregation from the inmate general population. (DOM § 52070.5.4.) When an individual’s presence in an institution’s general population presents an immediate threat to the safety of the inmate or others, endangers institution security or jeopardizes the integrity of an investigation of an alleged serious misconduct or criminal activity, the inmate is required to be immediately removed from general population and placed in Ad-Seg. (DOM § 52080.24.)
CDCR also utilizes disciplinary detention units or “DDs.” DD is a temporary housing status which confines individuals assigned to designated rooms or cells for prescribed periods of time as punishment for serious acts of misbehavior. (DOM § 52080.20.) Placement in DD is excluded from the regulations governing segregated housing. (Cal. Code Regs, tit. 15, § 3335.5.)
Incarcerated individuals can also be “confined to quarters” (CTQ). CTQ refers to an authorized disciplinary hearing action whereby the person is restricted to their assigned quarters for a period not to exceed five days for administrative rule violations or ten days for serious rule violations. (DOM § 52080.23.) A person charged with a serious rule violation may be subject to immediate segregation from the general population, and can be placed in CTQ for up to 10 days, or longer with director approval. (DOM §§ 52080.5.6, 52080.19.)
In 2015, California settled Ashker v. Governor of California, a class-action lawsuit brought on behalf of a group of individuals incarcerated at Pelican Bay State Prison who had each spent at least a decade in isolation. (CCR, Summary of Ashker v. Governor of California Settlement Terms <https://ccrjustice.org/sites/default/files/attach/2015/08/2015-09-01-Ashker-settlement-summary.pdf>.) The settlement was intended to end the practice of isolating incarcerated individuals who have not violated prison rules, cap the length of time a prisoner can spend in solitary confinement, and provide a restrictive but not isolating alternative for the minority of prisoners who continue to violate prison rules on behalf of a gang. (Ibid.)
The Ashker agreement was first extended in 2019 by the federal court, based on a finding that CDCR was “effectively frustrating the purpose” of the settlement agreement by systemically violating due process rights. (CCR, Court Finds Continued Systemic Constitutional Violations in California Prisons (Feb. 3, 2022) <https://ccrjustice.org/home/press-center/press-releases/court-finds-continued-systemic-constitutional-violations-california>.) In February 2022, the court determined that CDCR was continuing to systematically violate the due process rights of inmates despite the Ashker agreement. The court found that CDCR is relying on inaccurate and fabricated confidential information to place individuals in solitary confinement, using dubious gang affiliations to deny them a fair opportunity for parole, and holding them in a restricted unit in the general population without adequate procedural safeguards. (Ibid.) Citing these violations, the court extended the Ashker agreement for a second one-year term. (Ibid.)
- Applicability to Private Detention Facilities
This bill defines “private detention facility” as a detention facility that is operated by a private, nongovernmental, for-profit entity, and is operating pursuant to a contract or agreement with a local, state, or federal governmental entity. All of the rules governing segregated confinement in this bill would apply to private detention facilities that are operated by private, nongovernmental entities pursuant to contracts with the federal government, including but not limited to, the Bureau of Prisons (which primarily houses individuals convicted of federal criminal offenses), the U.S. Marshalls Service (USMS) (which typically houses detainees during the course of their federal criminal proceedings) and U.S. Immigrations Customs Enforcement (ICE) (immigration detention). California is permitted to regulate private facilities that are not under the control of the federal government, and can regulate federal detention facilities to the extent that the regulation does not disturb federal arrest or detention decisions. (United States v. California (2019) 921 F.3d 865, 885.)
This bill tests the limits of California’s authority to legislate regarding private detention facilities located within the state and contracted by the federal government. In Geo Grp. Inc. v. Newsom (2021) 15 F.4th 919, the federal government and a private company contracted by the federal government to operate some of its detention facilities challenged AB 32 (Bonta), Chapter 739, Statutes of 2019, which would have phased out all private detention facilities within California, including those contracted with the federal government. California argued that AB 32 was a valid exercise of its police powers because the well-being of detainees falls within a state’s traditional police powers. (Ibid.) The Ninth Circuit rejected that argument, explaining that California was not simply exercising its traditional police powers, but rather impeding federal immigration policy:
If we accepted California’s argument, then a state could essentially dictate the policies of the federal prison system. For example, suppose hypothetically that Colorado enacts a law mandating eight hours of open space time for all inmates within the state to ensure their mental wellbeing. That would mean that the federal “supermax” prison in Colorado housing the most dangerous terrorists and criminals would have to provide those eight hours of open space time to them. The dissent points out that there are federal rules governing prisoners that would preempt state law. So, too, here: as explained, Congress gave the Secretary power to detain immigrants in any “appropriate places of detention.”
(GEO Grp. Inc., v. Newsom (2021) 15 F.4th 919, fn 2.) The State cannot dictate the policies of the federal prison system. (Ibid.) State law cannot intrude on federal detention decisions; the State cannot regulate “whether or where” an immigration detainee may be confined. (Ibid.) Laws regulating where an immigration detainee may be confined are within the purview of the federal government, and the State cannot make laws that constitute an obstacle to the federal government’s enforcement of its detention scheme. (Ibid.; see also, United States v. California (2019) 921 F.3d 865, 8856 [upholding a state law that does not regulate “whether or where an immigration detainee may be confined” or “require that federal detention decisions” conform to state law].)
After granting en banc review, the Ninth Circuit found that AB 32 would “override the federal government’s decision, pursuant to discretion conferred by Congress, to use private contractors to run its immigration detention facilities” and would allow “discretion of federal officers to be exercised only if the state approves.” (Geo Grp., Inc. v. Newsom (9th Cir. 2022) 50 F.4th 745, 750-51.) The Ninth Circuit held that “California cannot exert this level of control over the federal government’s detention operations.” (Id. at 751.)
This bill contains a severability provision which provides that in the event any portion of the provisions of this bill are found invalid or unconstitutional by a court, the provisions of the bill not subject to that finding would be preserved.
- Major Provisions of the Bill
Applicability
The provisions of this bill apply to the state’s prisons, county jails, detention facilities, and private detention facilities. This bill does not apply to individuals held in juvenile facilities which includes juvenile halls, camps, and ranches. Instead, laws and regulations pertaining to room confinement apply to juvenile facilities.
Defines segregated confinement
This bill defines “segregated confinement” as the confinement of an individual, in a cell or similarly confined holding or living space, alone or with other individuals, with severely restricted activity, movement, or minimal or no contact with persons other than correctional facility staff for more than 17 hours per day. This bill specifies that segregated confinement is determined by time spent in a cell and contact with persons other than custodial staff.
This bill includes an exception for extraordinary, emergency circumstances that require a significant departure from normal institutional operations, including a natural disaster or facility-wide threat that poses an imminent and substantial risk of harm.
Limits the use of segregated confinement
This bill prohibits a facility from holding an individual in segregated confinement for more than 15 consecutive days and no more than 45 days total in a 180-day period. This bill additionally prohibits a facility from sending a detained person to segregated confinement as a means of protection for that person. This bill also prohibits a facility from sending a detained person to segregated confinement solely on the basis of confidential information not provided to the individual placed in segregated confinement or included in required records, or solely on the basis of the person identifying as lesbian, gay, bisexual, transgender, or gender nonconforming.
Prohibits the use of segregated confinement as applied to certain populations
This bill prohibits a facility from involuntarily placing an individual in segregated confinement, including for disciplinary reasons, if the individual belongs to a designated population. “Designated population” is defined to mean a person who is:
- Is 25 years of age or younger, not including persons protected by Section 208.3 of the Welfare and Institutions Code;
- Is 60 years of age or older;
- Has a developmental disability or a serious mental disorder, as defined; or
- Is pregnant or in the first eight weeks of the postpartum recovery period, or has recently suffered a miscarriage or terminated a pregnancy.
Requirements regarding policies pertaining to segregated confinement and the reporting of its use
This bill requires every facility to develop and follow written procedures governing the management of segregated confinement. This bill requires every facility to document the use of segregated confinement through all of the following procedures:
- Requires a written order to be completed and approved by the facility administrator or designee within 24 hours of a person being placed in segregated confinement.
- Requires the order to be provided to the individual within 24 hours of placement in segregated confinement, and its contents communicated to them in a language or manner the individual can understand.
- Requires a clear and consistent log to be kept, detailing the time spent in segregated confinement and the necessary compliance with the standards required for that confinement.
- Requires the written records be maintained by the facility and updated daily.
This bill requires each facility to create a monthly report as well as semiannual and annual cumulative reports and make the reports available online. This bill also requires the reports to include the total number of individuals held in segregated confinement in the prior month and data pertaining to individuals in segregated confinement, including, but not limited to, age, race, gender, and number of days in segregated confinement.
This bill requires the facility to do several things when an individual is placed in segregated confinement, including document the date and time the person was placed into segregated confinement as well as the facts and circumstances that led to placing the individual into segregated confinement; notify its medical or mental health professionals in writing within 12 hours of placing an individual in segregated confinement; check on the individual at least twice per hour; assess the individual involuntarily placed in segregated confinement every 24 hours by a medical or mental health professional and every 48 hours by a mental health professional for ongoing placement in segregated confinement, and offer out-of-cell programming to a person in segregated confinement at least four hours per day, including at least one hour for recreation, among others.
OIG/BSCC Assessments for Compliance
This bill requires the OIG and BSCC to assess state and local correctional facilities, respectively, for compliance with the mandates in this bill and to publish a public report on those findings at least once per year. The reports are also required to include recommendations to the Legislature regarding all aspects of segregated confinement in correctional facilities.
- AB 2632 Veto Message
This bill is substantially similar to AB 2632 (Holden) of the 2021-2022 legislative session which was vetoed. In vetoing the bill, Governor Newsom wrote:
I have prioritized improving the conditions within custodial settings, and I support limiting the use of segregated confinement. Segregated confinement is ripe for reform in the United States -- and the same holds true in California. AB 2632, however, establishes standards that are overly broad and exclusions that could risk the safety of both the staff and incarcerated population within these facilities. Specifically, this bill would categorically prohibit the placement of large portions of the incarcerated population in segregated housing- even if such a placement is to protect the safety of all incarcerated individuals in the institution. I am additionally concerned that the restrictions in this bill could interrupt the rehabilitation efforts of other incarcerated people and the staff at these facilities.
But in light of the deep need to reform California’s use of segregated confinement, I am directing the California Department of Corrections and Rehabilitation (CDCR) to develop regulations that would restrict the use of segregated confinement except in limited situations, such as where the individual has been found to have engaged in violence in the prison. To this end, when placement in segregated confinement is necessary, these regulations must include utilization of small group yards, when feasible and available, and development of a positive behavioral model to aid in rehabilitation efforts.
- Argument in Support
The National Association of Social Workers, California Chapter writes:
AB 280 is an important step in ending the use of solitary confinement in California. There is an established consensus among experts, advocates, and those who have first hand experience on the issue: solitary confinement is torture and can have permanent deleterious effects on the health of an individual. …
AB 280 provides a clear definition of what constitutes solitary confinement across California prisons, jails, and detention centers, while also setting limits on how it can be used. Further, this bill ends the use of solitary confinement for special populations, including those with disabilities, pregnant women, youth, elderly, and other special populations.
Solitary confinement is one of the most severe and destructive practices found in carceral settings today. The World Health Organization, United Nations, and other international bodies have recognized solitary confinement as greatly harmful and potentially fatal. …
Despite international demands to end the use of solitary confinement, the practice remains common in jails, prisons, and detention facilities in California. …
The destructive impact of solitary confinement can have disastrous effects on those who experience it, particularly those who belong to certain populations, including the elderly, disabled, and even pregnant women. … Solitary confinement is often used as an alternative to treatment and accommodation for individuals with special needs or disabilities, at times exacerbating their conditions.
In addition to being a human rights issue, this is also a racial justice issue. Solitary confinement has a disproportionate impact on communities of color, and has long been used as an instrument of harm against racial minorities in jails and prisons. …
This problem is not limited to jails and prisons alone, but also affects immigrants in private, for-profit detention facilities. In California, more than 90 percent of immigrants are held in for-profit detention facilities, run by corporations who routinely harm those that they are tasked with detaining. An investigation by the federal government into the Imperial Regional Detention Facility found that individuals were routinely placed in solitary confinement for 22 to 23 hours a day, with some being held in these conditions for more than 300 days. …
California must join the international community, and [other] states … in setting clear standards and limits on the use of solitary confinement. This begins by recognizing that solitary confinement is torture, and setting uniform and consistent limits on how solitary is used in all detention facilities.
- Argument in Opposition
According to the California State Sheriff’s Association:
As a general matter, we are very concerned about imposing these significant mandates in statute. A central role of the Board of State and Community Corrections (BSCC) is to set minimum standards for custodial facilities. Adopting and revising these minimum standards is an ongoing process that involves stakeholders from all perspectives and allows for evolution and refinement of requirements and processes without the burden of having to amend statute every time a change is needed. The BSCC and the practitioners who are responsible for supervision, housing, and rehabilitation of incarcerated persons are best situated to make decisions about best practices and facility standards.
More specifically, the restrictions in this bill will preclude many offenders from being confined in a way that meets the bill’s definitions. The term “designated population,” which is the trigger for many of the restrictions on the use of segregated confinement, includes persons under 26 years of age or older than 59, or who are pregnant or in the first eight weeks of the postpartum recovery period. Beyond that, the bill’s additional restrictions and reporting requirements will practically eliminate any use of segregated confinement, including when such placement is necessary for the safety of the facility or individual inmates themselves.
The bill will likely result in placement that are less safe to other inmates and staff and complicates all the other classification decisions that must be made when deciding how to use custodial resources.
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 280
Author:(Holden, et al.)
As Amended Ver:May 18, 2023
Majority vote
SUMMARY
Limits the use of segregated confinement and requires facilities in the State in which individuals are subject to confinement or involuntary detention to follow specified procedures related to segregated confinement.
Major Provisions
- Defines "facility" as any jails, prisons, private detention facilities, and detention facilities in California.
- Defines "detention facility" as a facility in which persons are incarcerated or otherwise involuntarily detained or confined for purposes of execution of a punitive sentence imposed by a court or detention pending a trial, hearing, or other judicial or administrative proceeding.
- Defines "private detention facility" as a detention facility that is operated by a private, nongovernmental, for-profit entity and is operating pursuant to a contract or agreement with a local, state, or federal governmental entity.
- Defines "segregated confinement" as the confinement of an individual, in a cell or similarly confined holding or living space, alone or with other individuals, with severely restricted activity, movement, or minimal or no contact with persons other than custodial staff for more than 17 hours per day. Segregated confinement is determined by time spent in a cell and contact with persons other custodial staff.
- Provides that segregated confinement does not apply to extraordinary, emergency circumstances that require a significant departure from normal institutional operations, including a natural disaster or facility-wide threat that poses an imminent and substantial risk of harm. This exception applies for the shortest amount of time needed to address the imminent and substantial risk of harm.
- Permits the use of segregated confinement for medical isolation purposes, to treat and protect against the spread of a communicable disease, as specified.
- Prohibits placing a person in segregated confinement solely on the basis of confidential information considered by the facility staff but not provided to the individual placed in segregated confinement or included in required records.
- Prohibits placing a person in segregated confinement solely on the basis of the person identifying as lesbian, gay, bisexual, transgender, or gender nonconforming.
- Prohibits placing a person in segregated confinement as a means of protection from the rest of the detained population or a likely abuser. If an individual fears for their safety, the facility must transfer them to a more appropriate custody unit, including but not limited to, a single cell with sufficient programming and out-of-cell time such that it is not segregated confinement, a different section of the facility, a sensitive needs yard, or individual housing.
- Prohibits placing a person in segregated confinement, including for disciplinary reasons, if the individual belongs to a designated population. "Designated populations" includes the following:
- Individuals who are 25 years of age or younger, as specified;
- Individuals who are 60 years of age or older;
- Individuals who have a mental or physical disability, as defined; or,
- Individuals who are pregnant, in the first eight weeks of the postpartum recovery period after giving birth, or have recently suffered a miscarriage or terminated a pregnancy.
- States that, if a person disputes a decision regarding qualification in the designated populations category, the person may request and receive a secondary review of the determination. The facility administrator or chief physician shall conduct the secondary review, as appropriate.
- Prohibits placing any individual in segregated confinement for more than 15 consecutive days and no more than 45 days total in a 180-day period.
- Provides that, on or before the 15th consecutive day in segregated confinement, a facility shall transfer the individual out of segregated confinement to an appropriate congregate or individual setting. Individuals held in either a congregate or individual setting, shall be provided least six hours of daily out-of-cell congregate programming, services, treatment, and meals with an additional minimum of one hour of congregate recreation.
- States that these provisions shall not be construed as requiring a facility to place an individual in the general population or congregate housing once they reach the 15-day limit on segregated confinement. The facility shall seek to place the individual in appropriate housing, including, but not limited to, individual housing with adequate programming and support in order to ensure the safety and well-being of the individual, as well as other individuals in the facility and staff.
- Requires every facility to develop and follow written procedures governing the management of segregated confinement that meet the standards of care of the type of facility and to make those written procedures publicly available.
- Requires every facility to document the use of segregated confinement, including, but not limited to, all of the following:
- A written order shall be completed and approved by the facility administrator or designee within 24 hours of a person being placed in segregated confinement;
- The order shall be provided to the individual within 24 hours of placement in segregated confinement and its contents communicated to them in a language or manner the individual can understand;
- A clear and consistent log shall be kept, detailing the time spent in segregated confinement and the necessary compliance with the standards required for that confinement; and,
- The written records shall be maintained by the facility and updated daily.
- States that, when an individual is placed in segregated confinement, the facility shall do all of the following:
- Document the facts and circumstances that led to placing the individual into segregated confinement;
- Document the date and time that the individual was placed into segregated confinement;
- Notify its medical or mental health professionals in writing within 12 hours of placing an individual in segregated confinement;
- At least twice per hour, check on the individual involuntarily placed in segregated confinement. If the individual is demonstrating unusual behavior or has indicated suicidality or self-harm, the facility shall monitor the individual every 15 minutes, as specified;
- Every 24 hours, have a medical or mental health professional assess the individual and have a mental health professional assess the individual every 48 hours for ongoing placement in segregated confinement;
- Provide the individual a clear explanation of the reason they have been placed in segregated confinement, the monitoring procedures that the facility will employ to check on the individual, and the date and time of the individual's next court date, if applicable. This explanation shall be provided to the individual in writing, in a language or manner the individual can understand, within 24 hours of placement in segregated confinement;
- Offer out-of-cell programming to a person in segregated confinement at least four hours per day, including at least one hour for recreation, as specified. Out-of-cell programming opportunities cannot be held in smaller cages or therapy modules. Time spent in an unpaid work assignment or in paid employment shall not be considered out-of-cell programming;
- Offer programming led by program or therapeutic staff that is comparable to the programming offered to a person in the general population;
- Shall not deny the individual access to their legal counsel or representative;
- Maximize the amount of time that an incarcerated person held in segregated confinement spends outside of their cell by providing outdoor and indoor recreation, education, clinically appropriate treatment therapies, and skill-building activities;
- Shall not impose any limitation on services, treatment, or basic needs, such as clothing, food, and bedding, restricted diets or any other change in diet as a form of punishment; and,
- Shall not use additional shackles, legcuffs, double lock leg irons, or other restrictive means when the individual is in segregated confinement, unless an individual assessment is documented that restraints are required because of an imminent, significant, and unreasonable risk to the safety and security of other detained persons or staff.
- Requires facilities to develop and provide appropriate programming to individuals that pose a significant safety risk to themselves or others and opportunities for individuals to transition to less restrictive housing that is not segregated confinement, including evidence-based transition programs and models found to be effective and successful in other carceral facilities.
- Requires facilities to create a monthly, semiannual, and annual cumulative reports. The reports must be made available online to the public, include the total number of individuals held in segregated confinement and data pertaining to individuals in segregated confinement, including, but not limited to, age, race, gender, and number of days in segregated confinement.
- Requires the Office of the Inspector General (OIG) to assess each correctional facility within CDCR, including private detention facilities, for compliance with the provisions relating to segregated confinement, and to issue an annual public report, with recommendations to the Legislature regarding all aspects of segregated confinement in correctional facilities, as specified. The OIG shall have full access to all records of facilities in their jurisdiction pertaining to segregated confinement and may conduct site inspections as appropriate.
- Requires the Board of State and Community Corrections to assess each local correctional facility, including private detention facilities, for compliance with these provisions, and to issue an annual public report, with recommendations to the Legislature regarding all aspects of segregated confinement in correctional facilities, as specified. The BSCC shall have full access to all records of facilities in their jurisdiction pertaining to segregated confinement and may conduct site inspections as appropriate.
COMMENTS
According to the Author
"The practice of confining an individual alone in a concrete cell for months, years, and even decades on end grossly undermines the eighth amendment, protecting us all from cruel and unusual punishment. This is a human rights issue. Aside from the fact that solitary confinement only diminishes the prospects of successful rehabilitation, there are large bodies of research linking solitary confinement to self-harm, the deterioration of one's mental health and even suicide. We have even seen instances of pregnant women giving birth in solitary confinement. This is simply not right. California must discard this tortuous and counterproductive practice."
Arguments in Support
- According to Disability Rights, "this bill can help address the wide ranging, dangerous and discriminatory impact of solitary confinement. California needs a state-wide, comprehensive legislative solution to end solitary confinement of people with disabilities in jails, prisons, and immigration detention facilities."
- According to Immigrant Legal Defense (ILD), "The World Health Organization, United Nations, and other international bodies have recognized solitary confinement as greatly harmful and potentially fatal. In 2015, the United Nations General Assembly ratified the Nelson Mandela Rules, prohibiting any period of segregation beyond 15 days and defining it as torture.
"Despite international demands to end the use of solitary confinement, the practice remains common in jails, prisons, and detention facilities in California.
"California must join the international community, and states like New York, New Jersey, Washington, and Colorado in setting clear standards and limits on the use of solitary confinement. This begins by recognizing that solitary confinement is torture, and setting uniform and consistent limits on how solitary is used in all detention facilities. Through this legislation, California can protect vulnerable populations from torture, and provide a clear roadmap to end the use of solitary confinement."
Arguments in Opposition
- According to the Riverside Sheriffs' Association, "Proponents claim AB 280 is intended to limit what they claim is "excessive use" of segregated confinement, but the bill doesn't seek to curb or regulate its use. Instead, AB 280 imposes a ban the use of segregated confinement for large categories of inmates, regardless of the serious or imminent risk of harm the inmates pose to themselves, facility staff, visitors or other inmates.
"ANY segregated confinement is banned for the following inmates - no exceptions
- Under age 26 - regardless of behavior or risk of harm to self or others. No protection for other inmates or staff from young adult inmates who attack others;
- Over age 59 - regardless of behavior or risk of harm to self or others. No protection for other inmates or staff from "older" inmates who assault others;
- Physical or mental disability - regardless of behavior or risk of harm to self or others. The definitions for such disabilities [Govt Code 12926] are so overly broad that it would classify nearly every inmate with some type of qualifying disability. [PC 2697(e)]
"Temporary inmate segregated confinement is banned - no exceptions even for their own safety Sheriffs and CDCR will be prohibited from placing an inmate in segregated confinement even if such temporary housing is necessary for the safety of the inmate from other inmates. …
"Segregated confinement (when permitted) capped at 45 days within 6 months - no exceptions Similarly, an inmate who attacks a correctional deputy, can be sent to seg-con for a maximum of 15 days (as long as the inmate is not in one of the exempted classes). Upon release, if the inmate attacks correctional staff again can be returned to seg-con for a max of another 15 days. Upon his next release, if he attacks yet another staff member, he'll get another 15 days max. After that, the same inmate can continue to assault correctional staff or other inmates but he cannot be placed in seg-con because AB 280 prohibits any inmate - from being sent to segcon for more than 45 days in any 180 day period - FOR ANY REASON - regardless of any ongoing safety threat the inmate poses."
- According to California Association of Psychiatric Technicians (CAPT), "To ensure that inmates and patients receive the best possible treatment for their mental disorders, they must have a safe space free of fear or harm from other inmates. Many segregated confinement units were explicitly created for the mentally ill in prison to receive treatment and programing. In its current form, this bill would eliminate safe spaces and treatment environments where mentally ill inmates can stabilize to return to the general population."
FISCAL COMMENTS
According to the Assembly Appropriations Committee:
- CDCR. One-time costs in the hundreds of millions of dollars (General Fund) for physical changes to facilities to allow CDCR to comply with the out-of-cell programming requirements of this bill. CDCR estimates that it would need to expand the exercise yards at each facility by 50% for a cost of approximately $300 million, and double its programming space at each facility for a cost of approximately $700 million.
Staffing costs of approximately $188.5 million annually (General Fund). This estimate is somewhat uncertain but assumes $6.5 million in additional annual staffing costs at the 29 CDCR facilities. The scope of staffing costs depend in part on whether CDCR would need additional counselors and investigative staff to comply with the timeframes required by this bill. Significant, but unknown, ongoing costs associated with litigation.
- OIG. Costs of approximately $3.9 million annually (General Fund) for additional staffing to inspect and assess 29 CDCR facilities and report recommendations to the Legislature. OIG anticipates it would need 24 new permanent positions to fulfill the requirements of this bill.
- BSCC. Costs of approximately $217,000 annually (General Fund) for additional field representatives and analysts to inspect and assess local correctional facilities, and report recommendations to the Legislature.
- Department of Justice (DOJ). Costs in the low hundreds of thousands annually (Legal Services Revolving Fund) for litigation costs resulting from this bill. DOJ anticipates an initial increase in habeas petitions filed by inmates challenging the conditions of their confinement. These cases may decrease over time as inmates and CDCR adjust to the new requirements of this bill. DOJ anticipates additional and potentially significant costs for representing CDCR in civil litigation, including class action lawsuits. DOJ's costs would have an impact on the Legal Services Revolving Fund but would be reimbursable through direct billings to the client agency.
- Counties. Reimbursable costs possibly in the millions to tens of millions of dollars (General Fund/Proposition 30, local funds) to counties for additional correctional staff and potential construction to comply with the requirements of this bill. Counties may not have enough jail space to provide the out-of-cell programming required by this bill and may need additional funds to add new space or repurpose existing space. As a result of Proposition 30, any legislation enacted after September 30, 2012 that has an overall effect of increasing costs already borne by a local agency for programs or levels of service mandated by realignment applies to local agencies only to the extent that the state provides annual funding for the cost increase. This bill may have significant costs to counties and may require the state to reimburse counties for additional services to inmates. Proposition 30 has not been litigated and it is unclear what constitutes a reimbursable state-mandated local program pursuant to Proposition 30.
VOTES
ASM PUBLIC SAFETY: 6-1-1
YES: Jones-Sawyer, Bonta, Bryan, Ortega, Santiago, Zbur
NO: Lackey
ABS, ABST OR NV: Alanis
ASM APPROPRIATIONS: 11-4-1
YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber, Ortega
NO: Megan Dahle, Dixon, Mathis, Sanchez
ABS, ABST OR NV: Robert Rivas
UPDATED
VERSION: May 18, 2023
CONSULTANT: Liah Burnley / PUB. S. / (916) 319-3744 FN: 0000908
Date of Hearing: April 26, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 280
Author:(Holden) – As Amended Ver:March 9, 2023
Policy Committee: | Public Safety | Vote: | 6 - 1 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill limits the circumstances in which a detention facility may place an incarcerated person in solitary confinement.
Specifically, this bill:
- States segregated confinement is determined by time spent in a cell and contact with persons other than correctional facility staff.
- Requires every detention facility to develop, follow, and make publicly available written procedures governing the management of segregated confinement and to document the use of segregated confinement.
- Prohibits a facility from placing an individual in segregated confinement, including for disciplinary reasons, if the individual belongs to a designated population.
- Defines designated population as:
- Any person who is pregnant, or is in the first eight weeks of the postpartum recovery period, or has recently suffered a miscarriage or terminated a pregnancy.
- Any person who is 25 years of age or younger or 60 years of age or older.
- Any person with a specified mental or physical disability.
- Any person who is pregnant, or is in the first eight weeks of the postpartum recovery period, or has recently suffered a miscarriage or terminated a pregnancy.
- Allows a person who disputes a staff determination about whether they qualify for a designated population category to request and receive a secondary review of the determination.
- States that a facility shall not hold an individual in segregated confinement for more than 15 consecutive days, and no more than 45 days in a 180-day period. On or before the 15th consecutive day in solitary confinement, the facility must transfer the individual to an appropriate congregate or individual setting, as specified.
- States that a facility shall not place a person in segregated confinement solely on the basis of confidential information not provided to the individual or included in required records.
- Prohibits a facility from placing a person in segregated confinement as a means of protection from the rest of the detained population or separation from a likely abuser. If an individual fears for their safety, the facility shall transfer them to a more appropriate custody unit that is not segregated confinement, as specified.
- Requires each facility to create and post on its website a monthly, semi-annual, and annual cumulative report on the number of people in segregated confinement.
- Requires the Office of the Inspector General (OIG) to assess each correctional facility within the Department of Corrections and Rehabilitation (CDCR), including private detention facilities, for compliance with these provisions, and issue a public report annually, with recommendations to the Legislature regarding all aspects of segregated confinement in the facilities.
- Requires the Board of State and Community Corrections (BSCC) to assess each local correctional facility, including private detention facilities, for compliance with these provisions, and issue a public report annually, with recommendations to the Legislature regarding all aspects of segregated confinement in the facilities.
FISCAL EFFECT:
- CDCR. One-time costs in the hundreds of millions of dollars (General Fund) for physical changes to facilities to allow CDCR to comply with the out-of-cell programming requirements of this bill. CDCR estimates that it would need to expand the exercise yards at each facility by 50% for a cost of approximately $300 million, and double its programming space at each facility for a cost of approximately $700 million.
Staffing costs of approximately $188.5 million annually (General Fund). This estimate is somewhat uncertain but assumes $6.5 million in additional annual staffing costs at the 29 CDCR facilities. The scope of staffing costs depend in part on whether CDCR would need additional counselors and investigative staff to comply with the timeframes required by this bill. Significant, but unknown, ongoing costs associated with litigation.
- OIG. Costs of approximately $3.9 million annually (General Fund) for additional staffing to inspect and assess 29 CDCR facilities and report recommendations to the Legislature. OIG anticipates it would need 24 new permanent positions to fulfill the requirements of this bill.
- BSCC. Costs of approximately $217,000 annually (General Fund) for additional field representatives and analysts to inspect and assess local correctional facilities, and report recommendations to the Legislature.
- Department of Justice (DOJ). Costs in the low hundreds of thousands annually (Legal Services Revolving Fund) for litigation costs resulting from this bill. DOJ anticipates an initial increase in habeas petitions filed by inmates challenging the conditions of their confinement. These cases may decrease over time as inmates and CDCR adjust to the new requirements of this bill. DOJ anticipates additional and potentially significant costs for representing CDCR in civil litigation, including class action lawsuits. DOJ’s costs would have an impact on the Legal Services Revolving Fund but would be reimbursable through direct billings to the client agency.
- Counties. Reimbursable costs possibly in the millions to tens of millions of dollars (General Fund/Proposition 30, local funds) to counties for additional correctional staff and potential construction to comply with the requirements of this bill. Counties may not have enough jail space to provide the out-of-cell programming required by this bill and may need additional funds to add new space or repurpose existing space. As a result of Proposition 30, any legislation enacted after September 30, 2012 that has an overall effect of increasing costs already borne by a local agency for programs or levels of service mandated by realignment applies to local agencies only to the extent that the state provides annual funding for the cost increase. This bill may have significant costs to counties and may require the state to reimburse counties for additional services to inmates. Proposition 30 has not been litigated and it is unclear what constitutes a reimbursable state-mandated local program pursuant to Proposition 30.
COMMENTS:
- Author’s Statement. According to the author:
The practice of confining an individual alone in a concrete cell for months, years, and even decades on end grossly undermines the eighth amendment, protecting us all from cruel and unusual punishment. This is a human rights issue. Aside from the fact that solitary confinement only diminishes the prospects of successful rehabilitation, there are large bodies of research linking solitary confinement to self-harm, the deterioration of one’s mental health and even suicide. We have even seen instances of pregnant women giving birth in solitary confinement. This is simply not right. California must discard this tortuous and counterproductive practice.
- Segregated Confinement. According to the Prison Law Office, segregated confinement means a restrictive form of custody where a person is separated from the general population and placed in a “prison within a prison.” Segregation is used to isolate and punish people who have committed serious disciplinary offenses in custody, are under investigation for a rule violation or a crime, need protection from other people, or pose a threat to the safety and security of the facility. In CDCR, many people in segregated confinement are housed with another inmate. When inmates in segregated confinement are released for programming or exercise, if at all, they are confined to other cells, either outside or in classrooms. Classroom cells are small single person cages. Outdoor cells are larger cells outside often near the prison yard. However, many people housed in segregated confinement do not receive any programming or classroom time when in segregated confinement.
There are several different types of segregated confinement: administrative segregation (ASU) designed to house people who have been temporarily removed from the general population; security housing unit (SHU) for people serving long term sentences in segregated confinement; the psychiatric services unit (PSU); and the psychiatric housing unit (PHU). People suffering from mental health issues who are placed in segregated confinement are mostly placed in a PSU or PHU. People suffering from mental health issues are placed in segregated confinement for the same reasons people in the general population are, but people with mental health issues are housed in a different setting except for people who are receiving mental health assistance in the enhanced outpatient program. Those people may be placed in segregated confinement for non-disciplinary reasons.
This bill defines “segregated confinement” as the confinement of an person in a cell or similarly confined holding or living space, alone or with other individuals, with severely restricted activity and movement, or with minimal or no contact with persons other than custodial staff for over 17 hours a day. The bill prohibits holding a person in segregated confinement for more than 15 consecutive days, and for more than 45 days in a 180-day period.
- Terms of Confinement. People placed in segregated confinement for disciplinary reasons may be held there for months or even years for disciplinary reasons or the commission of a new crime. Sentences range from between three months to five years depending on the seriousness of the crime. CDCR is required to regularly review a person’s commitment to segregated confinement to determine whether it is appropriate to return them to the general population. People in segregated confinement often do not receive sufficient mental health care or programming, resulting in significant psychological decompensation. Costs to house people in segregated confinement, particularly in the PSU and PHU, are far greater than costs to house people in the general population. Limiting the use of segregated confinement may result in cost savings to the extent people are not referred to the PSU or PHU because they decompensate in solitary confinement. Generally, there is no state law that sets clear standards and limits on the use of segregated confinement in detention facilities operated by state or local governments. The use of segregated confinement varies drastically depending on the type of facility in which a person is detained. This bill provides a definition of what constitutes segregated confinement across prisons, jails and detention centers and establishes limitations and procedures on its use.
- Prior Legislation. AB 2632 (Holden), of the 2021-2022 Legislative Session, was similar to this bill. The Governor vetoed AB 2632, writing:
Segregated confinement is ripe for reform in the United States – and the same holds true in California. AB 2632, however, establishes standards that are overly broad and exclusions that could risk the safety of both the staff and incarcerated population within these facilities. Specifically, this bill would categorically prohibit the placement of large portions of the incarcerated population in segregated housing- even if such a placement is to protect the safety of all incarcerated individuals in the institution. I am additionally concerned that the restrictions in this bill could interrupt the rehabilitation efforts of other incarcerated people and the staff at these facilities.
Unlike AB 2632, AB 280 contains language making the provisions of the article severable, and specifying that nothing in the bill shall be construed as mandating construction, requiring a facility to return someone to general population after they reach the 15-day limit on segregated confinement, or eliminating individual housing where reasonable, appropriate, and required.
Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081
Date of Hearing: March 14, 2023
Counsel: Liah Burnley
ASSEMBLY COMMITTEE ON
Reginald Byron Jones-Sawyer, Sr., Chair
ABPCA Bill Id:
Author:() – As Ver:
SUMMARY:
Limits the use of segregated confinement and requires facilities in the State in which individuals are subject to confinement or involuntary detention to follow specified procedures related to segregated confinement. Specifically, this bill:
- Defines “Facility” as any of the following in California:
- Private detention facilities;
- Jails and prisons; and,
- Detention facilities.
- Private detention facilities;
- Defines “Detention facility” as a facility in which persons are incarcerated or otherwise involuntarily detained or confined for purposes of execution of a punitive sentence imposed by a court or detention pending a trial, hearing, or other judicial or administrative proceeding.
- Defines “Private detention facility” as a detention facility that is operated by a private, nongovernmental, for-profit entity and is operating pursuant to a contract or agreement with a local, state, or federal governmental entity.
- Defines “Segregated confinement” as the confinement of an individual, in a cell or similarly confined holding or living space, alone or with other individuals, with severely restricted activity, movement, or minimal or no contact with persons other than custodial staff for more than 17 hours per day. Segregated confinement is determined by time spent in a cell and contact with persons other custodial staff.
- Provides that segregated confinement does not apply to extraordinary, emergency circumstances that require a significant departure from normal institutional operations, including a natural disaster or facility-wide threat that poses an imminent and substantial risk of harm. This exception applies for the shortest amount of time needed to address the imminent and substantial risk of harm.
- Permits the use of segregated confinement for medical isolation purposes, to treat and protect against the spread of a communicable disease, as specified.
- Prohibits placing a person in segregated confinement solely on the basis of confidential information considered by the facility staff but not provided to the individual placed in segregated confinement or included in required records.
- Prohibits placing a person in segregated confinement solely on the basis of the person identifying as lesbian, gay, bisexual, transgender, or gender nonconforming.
- Prohibits placing a person in segregated confinement as a means of protection from the rest of the detained population or a likely abuser. If an individual fears for their safety, the facility must transfer them to a more appropriate custody unit, including but not limited to, a single cell with sufficient programming and out-of-cell time such that it is not segregated confinement, a different section of the facility, a sensitive needs yard, or individual housing.
- Prohibits placing a person in segregated confinement, including for disciplinary reasons, if the individual belongs to a designated population. “Designated populations” includes the following:
- Individuals who are 25 years of age or younger, as specified;
- Individuals who are 60 years of age or older;
- Individuals who have a mental or physical disability, as defined; or,
- Individuals who are pregnant, in the first eight weeks of the postpartum recovery period after giving birth, or have recently suffered a miscarriage or terminated a pregnancy.
- Individuals who are 25 years of age or younger, as specified;
- States that, if a person disputes a decision regarding qualification in the designated populations category, the person may request and receive a secondary review of the determination. The facility administrator or chief physician shall conduct the secondary review, as appropriate.
- Prohibits placing any individual in segregated confinement for more than 15 consecutive days and no more than 45 days total in a 180-day period.
- Provides that, on or before the 15th consecutive day in segregated confinement, a facility shall transfer the individual out of segregated confinement to an appropriate congregate or individual setting. Individuals held in either a congregate or individual setting, shall be provided least six hours of daily out-of-cell congregate programming, services, treatment, and meals with an additional minimum of one hour of congregate recreation.
- States that these provisions shall not be construed as requiring a facility to place an individual in the general population or congregate housing once they reach the 15-day limit on segregated confinement. The facility shall seek to place the individual in appropriate housing, including, but not limited to, individual housing with adequate programming and support in order to ensure the safety and well-being of the individual, as well as other individuals in the facility and staff.
- Requires every facility to develop and follow written procedures governing the management of segregated confinement that meet the standards of care of the type of facility and to make those written procedures publicly available.
- Requires every facility to document the use of segregated confinement, including, but not limited to, all of the following:
- A written order shall be completed and approved by the facility administrator or designee within 24 hours of a person being placed in segregated confinement;
- The order shall be provided to the individual within 24 hours of placement in segregated confinement and its contents communicated to them in a language or manner the individual can understand;
- A clear and consistent log shall be kept, detailing the time spent in segregated confinement and the necessary compliance with the standards required for that confinement; and,
- The written records shall be maintained by the facility and updated daily.
- A written order shall be completed and approved by the facility administrator or designee within 24 hours of a person being placed in segregated confinement;
- States that, when an individual is placed in segregated confinement, the facility shall do all of the following:
- Document the facts and circumstances that led to placing the individual into segregated confinement;
- Document the date and time that the individual was placed into segregated confinement;
- Notify its medical or mental health professionals in writing within 12 hours of placing an individual in segregated confinement;
- At least twice per hour, check on the individual involuntarily placed in segregated confinement. If the individual is demonstrating unusual behavior or has indicated suicidality or self-harm, the facility shall monitor the individual every 15 minutes, as specified;
- Every 24 hours, have a medical or mental health professional assess the individual and have a mental health professional assess the individual every 48 hours for ongoing placement in segregated confinement;
- Provide the individual a clear explanation of the reason they have been placed in segregated confinement, the monitoring procedures that the facility will employ to check on the individual, and the date and time of the individual’s next court date, if applicable. This explanation shall be provided to the individual in writing, in a language or manner the individual can understand, within 24 hours of placement in segregated confinement;
- Offer out-of-cell programming to a person in segregated confinement at least four hours per day, including at least one hour for recreation, as specified. Out-of-cell programming opportunities cannot be held in smaller cages or therapy modules. Time spent in an unpaid work assignment or in paid employment shall not be considered out-of-cell programming;
- Offer programming led by program or therapeutic staff that is comparable to the programming offered to a person in the general population;
- Shall not deny the individual access to their legal counsel or representative;
- Maximize the amount of time that an incarcerated person held in segregated confinement spends outside of their cell by providing outdoor and indoor recreation, education, clinically appropriate treatment therapies, and skill-building activities;
- Shall not impose any limitation on services, treatment, or basic needs, such as clothing, food, and bedding, restricted diets or any other change in diet as a form of punishment; and,
- Shall not use additional shackles, legcuffs, double lock leg irons, or other restrictive means when the individual is in segregated confinement, unless an individual assessment is documented that restraints are required because of an imminent, significant, and unreasonable risk to the safety and security of other detained persons or staff.
- Document the facts and circumstances that led to placing the individual into segregated confinement;
- Requires living spaces used for segregated confinement to be properly ventilated, appropriately lit according to the time of day, temperature-monitored, clean, and equipped with properly functioning sanitary fixtures.
- Requires facilities to develop and provide appropriate programming to individuals that pose a significant safety risk to themselves or others and opportunities for individuals to transition to less restrictive housing that is not segregated confinement, including evidence-based transition programs and models found to be effective and successful in other carceral facilities, such as the following:
- Transition pods, which provide participants with the opportunity to interact with other incarcerated individuals while out of restraints;
- Transition groups, which are a revolving group that assists individuals who are preparing to be promoted to lower custody levels; and,
- Residential rehabilitation units that are designed to provide access to therapy, treatment, and rehabilitative programming for individuals who have been determined to require more than 15 days of segregated confinement.
- Transition pods, which provide participants with the opportunity to interact with other incarcerated individuals while out of restraints;
- Requires facilities to create a monthly, semiannual, and annual cumulative reports. The reports must be made available online to the public, include the total number of individuals held in segregated confinement and data pertaining to individuals in segregated confinement, including, but not limited to, age, race, gender, and number of days in segregated confinement.
- Requires the Office of the Inspector General (OIG) to assess each correctional facility within CDCR, including private detention facilities, for compliance with the provisions relating to segregated confinement, and to issue an annual public report, with recommendations to the Legislature regarding all aspects of segregated confinement in correctional facilities, as specified. The OIG shall have full access to all records of facilities in their jurisdiction pertaining to segregated confinement and may conduct site inspections as appropriate.
- Requires the Board of State and Community Corrections (BSCC) to assess each local correctional facility, including private detention facilities, for compliance with these provisions, and to issue an annual public report, with recommendations to the Legislature regarding all aspects of segregated confinement in correctional facilities, as specified. The BSCC shall have full access to all records of facilities in their jurisdiction pertaining to segregated confinement and may conduct site inspections as appropriate.
- Requires local and state authorities to promulgate regulations or directives implementing these provisions.
- Specifies that these provisions shall not be construed as mandating construction.
- Permits a facility to repurpose existing space to accommodate out-of-cell time and programming for individuals, and to redesignate existing facilities and cells to comply with these provisions.
- States that nothing in these provisions shall be construed as eliminating the use of individual housing when reasonable, appropriate, or required, including when that housing is requested by an individual and deemed appropriate.
EXISTING STATE LAW:
- Prohibits the infliction of cruel and unusual punishment. (Cal. Const., art. I, § 17.)
- Establishes rights for persons sentenced to imprisonment in a state prison, and provides that a person may, during that period of confinement be deprived of such rights, and only such rights, as is reasonably related to legitimate penological interests. (Pen. Code, § 2600.)
- Prohibits the use of any cruel, corporal or unusual punishment or to inflict any treatment or allow any lack of care whatever which would injure or impair the health of the prisoner, inmate, or person confined. (Pen. Code, § 2652.)
- Authorizes CDCR to prescribe and amend rules and regulations for the administration of the prisons. (Pen. Code, § 5058.)
- Requires the Secretary of CDCR to classify and assign prisoners to the institution of the appropriate security level and gender population nearest the prisoner’s home, unless other classification factors make such a placement unreasonable. (Pen. Code, § 5068.)
- Requires the sheriff to receive all persons committed to jail by competent authority and the board of supervisors to provide the sheriff with necessary food, clothing, and bedding, for those prisoners, which shall be of a quality and quantity at least equal to the minimum standards and requirements prescribed by the BSCC for the feeding, clothing, and care of prisoners in all county, city, and other local jails and detention facilities. (Pen. Code, § 4015.)
- Requires the BSCC to establish minimum standards for local correctional facilities. (Pen. Code, § 6030.)
- Requires private local detention facilities to operate pursuant to a contract with the city, county or city and county. (Pen. Code, § 6031.6.)
- Requires private local detention facilities to follow the minimum standards for local correctional facilitates established by the BSCC. (Pen. Code, § 6031.6, subd. (c).)
- Limits the confinement of a minor in a locked room or cell with minimal or no contact with persons, as specified, and sets forth the guidelines for the use of room confinement of a minor in a juvenile facility. (Welf. & Inst. Code, § 208.3.)
- Requires the California Attorney General to conduct reviews of county, local, or private locked detention facilities in which noncitizens are being housed or detained for purposes of civil immigration proceedings. (Gov. Code § 12532, subd. (a).)
- Prohibits a city, county or public agency from contracting with a private facility for the purpose of civil immigration facilities, except as specified. (Civ. Code, § 1670.9.)
- Prohibits private detention facilities in California, as specified. (Pen. Code, §§ 5003.1 & 9501.)
EXISTING FEDERAL LAW:
- Prohibits the infliction of cruel and unusual punishment. (U.S. Const., 8th Amend.)
- Makes the laws of the United States and the U.S. Constitution “the supreme Law of the Land.” (U.S. Const. art. VI, cl. 2.)
- Vests the control and management of federal penal and correctional institutions in the U.S. Attorney General, who shall promulgate rules for the government thereof. (18 U.S.C. § 4001, subd. (a).)
- Authorizes the U.S. Attorney General to classify inmates and provide for their proper government, discipline, treatment, care, rehabilitation and reformation. (18 U.S.C. § 4001, subd. (b).)
- Provides that the Bureau of Prisons (BOP), under the direction of the U.S. Attorney General, shall have charge of the management and regulation of all federal penal and correctional institutions and shall provide suitable quarters and provide for the safekeeping, care, and subsistence of all persons charged with or convicted of offenses against the United States. (18 U.S.C. § 4042.)
- Requires the BOP to designate the place of the prisoner’s imprisonment, and subject to bed availability, the prisoner’s security designation, the prisoner’s programmatic needs, the prisoner’s mental and medical health needs, any request made by the prisoner related to faith-based needs, recommendations of the sentencing court, and other security concerns. (18 U.S.C. § 3621.)
- Requires the U.S. Attorney General to arrange for appropriate places of detention for immigrants pending removal decision or removal. (8 U.S.C. § 1231, subd. (g)(1).)
- Requires the U.S. Attorney General to ensure that undocumented criminals incarcerated in federal facilities are held in facilities that provide a level of security appropriate to the crimes for which they were convicted. (8 U.S.C. § 1231, subd. (h)(4)(B).)
- Prohibits the use of room confinement for juveniles in federal custody for any reason other than as a temporary response to the juvenile’s behavior that poses a serious and immediate risk of physical harm to any individual. (18 U.S.C. § 5043.)
- Prohibits the use of segregated confinement in federal penal or corrections institutions for individuals who are pregnant or in post-partum recovery, unless the individual presents an immediate risk of harm to the individual or others. Any placement in a segregated housing unit must be limited and temporary. (18 U.S.C. § 4051, subd. (c).)
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, “The practice of confining an individual alone in a concrete cell for months, years, and even decades on end grossly undermines the eighth amendment, protecting us all from cruel and unusual punishment. This is a human rights issue. Aside from the fact that solitary confinement only diminishes the prospects of successful rehabilitation, there are large bodies of research linking solitary confinement to self-harm, the deterioration of one’s mental health and even suicide. We have even seen instances of pregnant women giving birth in solitary confinement. This is simply not right. California must discard this tortuous and counterproductive practice.”
- Mental, Psychological, and Physical Effects of Segregated Confinement: There is an increasing body of evidence that suggests that segregated housing produces unwanted and harmful outcomes, for the mental and physical health of those placed in isolation, for the public safety of the communities to which most will return, and for the corrections budgets of jurisdictions that rely on the practice for facility safety. When individuals are placed into segregated housing, it affects access to programming (e.g., education, treatment), the nature and extent of contact they can have with family and friends, and can even impact terms of community supervision. (U.S. DOJ Office of Justice Programs’ (OJP) National Criminal Justice Reference Service (NCJRS), Examining Race and Gender Disparities in Restrictive Housing Placements (Sept. 2018) <https://www.ojp.gov/pdffiles1/nij/grants/252062.pdf> [as of March 3, 2023].) According to a report by the Vera Institute of Justice, “nearly every scientific inquiry into the effects of solitary confinement over the past 150 years has concluded that subjecting an individual to more than 10 days of involuntary segregation results in a distinct set of emotional, cognitive, social, and physical pathologies.” (Vera Institute of Justice, Solitary Confinement: Common Misconceptions and Emerging Safe Alternatives (May 2015) <https://www.vera.org/downloads/publications/solitary-confinement-misconceptions-safe-alternatives-report_1.pdf>[as of March 3, 2023].)
Further research has shown that there is an increased prevalence of hypertension in persons who have been in solitary condiment, which results in millions in additional future health care costs. (The Cardiovascular Health Burdens of Solitary Confinement (2019) J. Gen. Intern. Med. 34, 1977–1980.) Also, vulnerable populations like pregnant women are far more susceptible to the potential dangers of solitary confinement. (Unjust Isolation: The Diminishing Returns of Solitary Confinement of Pregnant Women and California’s Need to Regulate It (2021) 2 Hastings J. Crime & Punish. 122.)
The World Health Organization, United Nations, and other international bodies have recognized solitary confinement as greatly harmful and potentially fatal. In 2015, the United Nations General Assembly ratified the Nelson Mandela Rules, prohibiting any period of segregation beyond 15 days and defining it as torture. (The United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), (2015).) The American Medical Association (AMA) recently called for the elimination of solitary confinement of any length, for the mentally ill, citing its mental health harms. (MA House of Delegates, Reducing the Use of Restrictive Housing in Prisoners with Mental Illness: Resolution 412 (2018) at p. 641.)
- Ineffectiveness of Segregated Confinement as a Penological Tool: Prison and jail administrators consider segregated confinement as a necessary tool to maintain safe and orderly correctional facilities and to promote the safety of staff and incarcerated people within prisons and jails. However, use of segregated confinement is not associated with reductions in facility or system wide misconduct and violence. Several studies on segregated confinement have found that its use does not decrease misconduct or violence, including staff assaults, and therefore does not improve the safety of the facility. (Benjamin Steiner and Calli M. Cain, The Relationship Between Inmate Misconduct, Institutional Violence, and Administrative Segregation: A Systematic Review of the Evidence, U.S. Department of Justice, National Institute of Justice (2016) <https://perma.cc/BCJ3-HYK3>[as of April 5, 2022].)
Further empirical and anecdotal evidence suggests that segregated housing may have little influence on improving the behavior of incarcerated people and deterring violence. (Vera Institute of Justice, Solitary Confinement: Common Misconceptions and Emerging Safe Alternatives, supra, (May 2015).) There is little evidence to support the claim that segregated housing increases facility safety or that its absence would increase in-prison violence. (Ibid.)
In addition, a report by the ACLU indicates that there is little evidence or research about the goals, impacts or cost-effectiveness of solitary confinement as a corrections tool. (ACLU, ACLU Briefing Paper: The Dangerous Overuse of Solitary Confinement in the United States (2014) <https://www.aclu.org/report/dangerous-overuse-solitary-confinement-united-states> [as of Feb. 15, 2023].) Data from some states suggest that recidivism rates for incarcerated people who have been held in segregated housing, regardless of whether they are released directly to the community, is significantly higher than for those who have not spent time in segregated housing while in prison. (Ibid.) Research from California suggests that rates of return to prison are 20% higher for solitary confinement prisoners. (Ibid.)
- Definition of “Segregated Confinement”: This bill would define “segregated confinement” as the confinement of an individual in a cell or similarly confined holding or living space, “alone or with other individuals,” with severely restricted activity, movement, or with minimal or no contact with persons other than correctional facility staff for over 17 hours a day.
Practically, this means that individuals cannot be in a confined living space for more than 17 hours—even if they are with other people. While there is no universally agreed-upon definition of segregated confinement, it is generally understood to be the physical isolation of an individual away from other people for a substantial period of time.
The term “solitary confinement,” as used in the international medical and legal literature refers to the confinement of prisoners “without meaningful human contact.” (G.A. Res. 70/175, Rule 44 (Dec. 17, 2015); see also Craig Haney, Mental Health Issues in Long Term Solitary and “Supermax” Confinement, 49 Crime & Delinq. 124, 125-27 (2003) [defining solitary confinement as a person’s physical segregation from the rest of the prison population]; Am. Psych. Ass’n, Position Statement on Segregation of Prisoners with Mental Illness, 2 (2012) [segregation units have “one to two inmates in a cell”].) The American Bar Association (ABA) defines “segregated housing” as housing of a prisoner in conditions characterized by “substantial isolation from other prisoners.” (American Bar Association, ABA Standards for Criminal Justice Treatment of Prisoners, § 23-1.0 (2010).) Isolation or administrative segregation is when a prisoner is placed in a cell “away from other prisoners, with limited contact to others.” (Legal Information Institute, Solitary Confinement <https://www.law.cornell.edu/wex/solitary_confinement> [as of Feb. 13, 2023].) Black’s Law defines it as a term used in prisons when a person is placed “away from other inmates.” Merriam-Webster defines solitary confinement as the state of being kept “alone in a prison cell away from other prisoners.” Solitary confinement is the practice of isolating people in closed cells virtually “free of human contact.” (Solitary Watch, What is Solitary Confinement? (Dec. 2018) <https://solitarywatch.org/facts/faq/> [as of Feb. 13, 2023].)
Numerous studies conclude that the social isolation inherent in solitary confinement is harmful. The psychological harms inflicted by solitary confinement are a direct result of its inherent characteristics: isolation from other people, lack of meaningful perceptual stimulation, and extreme idleness resulting from the denial of any productive activities. (Terry Kupers, Isolated Confinement: Effective Method for Behavior Change or Punishment for Punishment’s Sake?, Routledge Handbook of Int’l Crime & Just. Stud., 5-6 (2013).) “One of the most frequently mentioned harms of solitary confinement by criminologists, psychologists, and public health experts alike is the lack of meaningful social contact experienced in these units.” (Ryan M. L., Reforming Solitary Confinement, 9 Health & Just. 23 (2021).)
Given that the harms of solitary confinement stem from isolation and a lack of meaningful human contact, does being in a confined holding or living space “with other individuals” properly characterize segregated confinement?
- Ashker v. Governor of State of California: In 2015, California settled Ashker v. Governor, a historic class-action lawsuit brought by the Center for Constitutional Rights (CCR) on behalf of a group of Pelican Bay State prisoners who had each spent at least a decade in isolation. (CCR, Summary of Ashker v. Governor of California Settlement Terms <https://ccrjustice.org/sites/default/files/attach/2015/08/2015-09-01-Ashker-settlement-summary.pdf> [as of Feb. 15, 2022].) The settlement intended to end the practice of isolating prisoners who have not violated prison rules, cap the length of time a prisoner can spend in solitary confinement, and provide a restrictive but not isolating alternative for prisoners who violate prison rules on behalf of a gang. (Ibid.)
The Ashker agreement was first extended in 2019 by the federal court, based on a finding that CDCR was “effectively frustrating the purpose” of the settlement agreement by systemically violating due process rights. (CCR, Court Finds Continued Systemic Constitutional Violations in California Prisons, CCR (Feb. 3, 2022) <https://ccrjustice.org/home/press-center/press-releases/court-finds-continued-systemic-constitutional-violations-california> [as of Feb. 15, 2023].) In February 2022, the court determined that CDCR continues to violate the due process rights of incarcerated persons despite the Ashker agreement. The court found that CDCR is relying on inaccurate and fabricated confidential information to place individuals in solitary confinement and holding individuals in a restricted unit in the general population without adequate procedural safeguards. (Ibid.) Citing these violations, the court extended the Ashker agreement for a second one-year term. (Ibid.)
CDCR’s repeated violation of the Ashker agreement demonstrates the need for statutory standards to govern the use of solitary confinement throughout the State. - Definition of “Private Detention Facility”: This bill would require every “facility” to follow procedures governing the management of segregated confinement. “Facility” is defined as any private detention facility, jail, prison, or detention facility. The bill further defines “private detention facility” as a detention facility that is operated by a private, nongovernmental, for-profit entity pursuant to a contract or agreement with a local, state, or federal governmental entity.
Accordingly, all of the provisions governing segregated confinement in this bill apply to facilities operating pursuant to contracts with the federal government, such as the Bureau of Prisons (BOP), the U.S. Marshalls Service (USMS), and U.S. Immigrations Customs Enforcement (ICE). As discussed below, the State cannot dictate the policies of the federal prison system. (GEO Grp. Inc., v. Newsom (2021) 15 F.4th 919, 929, fn.2.) - Federal Preemption: This bill raises the question of to what extent the State can regulate detention facilities under contract with the federal government. “The Constitution guarantees the entire independence of the [federal] Government from any control by the respective States. The Supremacy Clause states that the Laws of the United States shall be the supreme Law of the Land. The Supreme Court has interpreted the Supremacy Clause as prohibiting States from interfering with or controlling the operations of the Federal Government. (Geo Grp., Inc. v. Newsom (9th Cir. 2022) 50 F.4th 745, 754 (citations omitted).)
Under the preemption doctrine, states may not enact laws that hinder “the accomplishment and execution of the full purposes and objectives of Congress.” (Hughes v. Talen Energy Mktg. (2016) 578 U.S. 150, 163.) A state law violates this principle if the state directly regulates the federal government. (North Dakota v. United States (1990) 495 U.S. 423, 435.) A direct regulation is one that imposes a prohibition on the national government or its officers. (Penn Dairies v. Milk Control Comm’n of Pa. (1943) 318 U.S. 261, 270.) To that end, state laws that restrict the conduct of federal agents and employees constitute direct regulation of the federal government. (United States v. City of Arcata (2010) 629 F.3d 986, 989; see also Tennessee v. Davis (1879) 100 U.S. 257, 263, [noting that the federal government “can act only through its officers and agents”].) State or local law that directly regulates the conduct of the federal government is invalid, even if it is no more restrictive than federal law. (City of Arcata, supra, 629 F.3d at p. 992.) For example, in Blackburn v. United States (1996) 100 F.3d 1426, the Ninth Circuit declined to subject the federal government to a California statute imposing safety requirements on federal resorts. (Id. at 1435.)
This bill would directly regulate all detention facilities operating pursuant to a contract or agreement with a federal governmental entity. Therefore, all of the rules governing segregated confinement in this bill would apply to facilities that house individuals convicted of federal criminal offenses, pretrial detainees during the course of their federal criminal proceedings, and immigration detention.[1]
In so doing, this bill would put specific requirements and restrictive mandates on the operation of private federal detention centers, such as: requiring the facility to develop and follow written procedures for the housing of detainees and the use of segregated confinement within the facility, providing out-of-cell programming led by therapeutic staff for federal detainees, and prohibiting federal detention centers from using segregated confinement for a person’s safety.
For comparison, AB 103 (Committee on Budget), Chapter 17, Statutes of 2017, enacted Government Code section 12532, which requires the AG to inspect and report on conditions in all immigration detention facilities in the state. Toward those ends, the statute expressly grants the state Attorney General access to the facilities, detainees, and records of any immigration detention facility in California. The statute puts requirements on the State’s AG, but does not put any direct mandates on federal detention facilities that would dictate their operations. Otherwise put, AB 103, unlike this bill, did not put any requirements on the federal government, except to provide the AG “necessary access” to facilities for observation. (See United States v. California (2019) 921 F.3d 865, 866 [upholding AB 103 because it does not regulate “whether or where an immigration detainee may be confined” or “require that federal detention decisions” conform to state law].)
In contrast, AB 32 (R. Bonta), Chapter 739, Statutes of 2019, which enacted Penal Code section 9501 provides, “a person shall not operate a private detention facility within the state,” [2] was held constitutionally impermissible by the Ninth Circuit. In September 2022, the Ninth Circuit found that AB 32 would “override the federal government’s decision, pursuant to discretion conferred by Congress, to use private contractors to run its immigration detention facilities” and would allow “discretion of federal officers to be exercised only if the state approves.” As the Ninth Circuit opinion notes, “California cannot exert this level of control over the federal government’s detention operations.” (Geo Grp., Inc. v. Newsom (9th Cir. 2022) 31 F.4th 1109.)
This bill, unlike AB 103 (Committee on Budget) and much more comparable to AB 32 (R. Bonta), would exert significant control on the federal government’s detention operations. Every provision in this bill would be required to be implemented by private detention centers holding federal detainees. The Legislature should consider whether the State is impermissibly regulating the federal government, and whether the provisions of this bill should be limited to state and local detention facilities only.
- Protective Segregation: This bill would prohibit a facility from sending a person to segregated confinement as a means of protection from the rest of the general population or as a means of separation from a likely abuser. If an individual fears for their safety, this bill provides that the facility can transfer them to a “more appropriate custody unit” that is not segregated confinement, including a single cell, a different section of the facility, or a sensitive needs yard. This bill contains no exceptions for an institution to temporarily use segregated confinement for the protection of individuals, even in circumstances where the safety concern may extend throughout the facility, including a sensitive needs yard.
The intent of this bill is laudable—to protect inmates from cruel treatment, however, the provisions in this bill could have an opposite result, by potentially failing to provide adequate protection for vulnerable incarcerated persons. The California Association of Psychiatric Technicians contend, “prohibiting individuals with mental illness from placement in a segregated confinement unit removes those inmates from a safe treatment environment and keeps them in a general population setting that poses a danger to their safety. Mentally ill inmates will often be placed in a segregated location because they are a danger to themselves or others, but also because others are a danger to them. Far too frequently, inmates’ prey upon the less functioning mentally ill and manipulate them into harmful situations or pressure/trigger the psychosis causing the inmate to decompensate further. […] [W]e may see more tragedies in prison without a safe treatment environment for mentally ill inmates to stabilize and receive treatment.”
- Governor’s Veto of AB 2632: AB 2632 (Holden), of the 2021-2022 Legislative Session, was substantially similar to this bill. The Governor’s veto message of AB 2632 provides, in part:
I have prioritized improving the conditions within custodial settings, and I support limiting the use of segregated confinement. Segregated confinement is ripe for reform in the United States -- and the same holds true in California. AB 2632, however, establishes standards that are overly broad and exclusions that could risk the safety of both the staff and incarcerated population within these facilities. Specifically, this bill would categorically prohibit the placement of large portions of the incarcerated population in segregated housing- even if such a placement is to protect the safety of all incarcerated individuals in the institution. I am additionally concerned that the restrictions in this bill could interrupt the rehabilitation efforts of other incarcerated people and the staff at these facilities.
This bill does not address the Governor’s concerns that the standards are overly broad and exclusions could risk the safety of both the staff and incarcerated population. This bill, like AB 2632, would categorically prohibit the placement of large portions of the incarcerated population in segregated housing, even to protect the safety of all incarcerated individuals in the institution. Further, the bill does not account for the ways in which the restrictions of segregated confinement could affect rehabilitation efforts of incarcerated people.
- Existing Rules and Regulations on Segregated Confinement: The use of segregated confinement varies by facility type. This bill provides a uniform definition of segregated confinement and establishes limitations and procedures on its use across all prisons, jails, detention centers, and juvenile facilities in California.
- State Prisons: Under the current system, CDCR possesses broad discretion regarding the use of solitary confinement, administrative segregated housing, or other forms of isolated placement. According the CDCR’s Department Operations Manual (DOM), some individuals are in “controlled housing” because they present “too great management problem for housing in general population settings.” (DOM § 33010.30.) These housing units include, but are not limited to, the Security Housing Unit (SHU), Administrative Segregation Unit (Ad-Seg), Psychiatric Services Unit (PSU) and the Protective Housing Unit (PHU). Correctional officers can only be assigned to one of these units for no longer than two years due to their “high stress” nature. (DOM § 33010.30.2.) Individuals can be confined in segregated housing for much longer; nothing limits CDCR from placing individuals in consecutive, extremely lengthy SHU terms. (Cal. Code Regs, tit. 15, § 3341.9.)
Individuals who violate criminal or administrative statutes “shall be dealt with in the strictest possible legal manner,” including among other things, segregation from the inmate general population. (DOM § 52070.5.4.) When an individual’s presence in an institution’s general population presents an immediate threat to the safety of the inmate or others, endangers institution security, or jeopardizes the integrity of an investigation of an alleged serious misconduct or criminal activity, the inmate shall be immediately removed from general population and be placed in Ad-Seg. (DOM § 52080.24.)
CDCR also utilizes disciplinary detention units or “DDs.” DD is a temporary housing status which confines individuals assigned to designated rooms or cells for prescribed periods of time as punishment for serious acts of misbehavior. (DOM § 52080.20.) Placement in DD is excluded from the regulations governing segregated housing. (Cal. Code Regs, tit. 15, § 3335.5.)
Incarcerated individuals can also be “confined to quarters” (CTQ). CTQ refers to an authorized disciplinary hearing action whereby the person is restricted to their assigned quarters for a period not to exceed five days for administrative rule violations or ten days for serious rule violations. (DOM § 52080.23.) A person charged with a serious rule violation may be subject to immediate segregation from the general population, and can be “CTQed” for up to 10 days, or longer with director approval. (DOM §§ 52080.5.6; 52080.19.)
- Juvenile Facilities: The Welfare and Institutions Code provides the guidelines for the use of room confinement of minors in juvenile facilities. (Welf. & Inst. Code, § 208.3.) These guidelines include that a minor can held up to four hours in room confinement. (Ibid.) After the minor or ward has been held in room confinement for a period of four hours, staff shall either return the minor or ward to general population; consult with mental health or medical staff; or develop an individualized plan that includes the goals and objectives to be met in order to reintegrate the minor or ward to general population. (Ibid.) Room confinement shall not be used before other less restrictive options have been attempted or exhausted, that it shall not be used for the purposes of punishment, coercion, convenience, or retaliation by staff, and shall not be used to the extent that it compromises the mental and physical health of the minor. (Ibid.)
The existing statutory scheme relating to juvenile room confinement provides that it “shall not be construed to conflict with any law providing greater or additional protections to minors or wards.” (Welf. & Inst. Code, § 208.3 subd. (h).) Thus, to the extent that this bill would provide greater protections to youths, the requirement set forth in this bill would apply.
Recent investigations by the California Attorney General and BSCC revealed egregious violations of the room confinement rules at juvenile facilities in Los Angeles County, and similar violations may be occurring at juvenile facilities throughout the State. (California Attorney General, Los Angeles County Enter into Groundbreaking Settlements to Protect the Rights of Youth in the Juvenile Justice System (Jan. 13, 2021) <https://oag.ca.gov/news/press-releases/attorney-general-becerra-los-angeles-county-enter-groundbreaking-settlements> [as of Feb. 15, 2023].) This bill would provide protections for youth at juvenile facilities, in addition to those set forth in the above. Given the State’s plans for the closure of the Division of Juvenile Justice (DJJ), all juveniles will be supervised in local facilities. Now more than ever, it is crucial to set clear standards for all counties in order to avoid the potential for the mistreatment of youth. - Local Detention Facilities: BSCC regulations set forth the minimum standards for local correctional facilities. The regulations require each county jail facility administrator to develop written policies and procedures for administrative segregation. (Cal. Code Regs., tit., 15, § 1053.) Administrative segregation consists of separate and secure housing but cannot involve any other deprivation of privileges than is necessary to protect inmates and staff. (Ibid.)
- Juvenile Facilities: The Welfare and Institutions Code provides the guidelines for the use of room confinement of minors in juvenile facilities. (Welf. & Inst. Code, § 208.3.) These guidelines include that a minor can held up to four hours in room confinement. (Ibid.) After the minor or ward has been held in room confinement for a period of four hours, staff shall either return the minor or ward to general population; consult with mental health or medical staff; or develop an individualized plan that includes the goals and objectives to be met in order to reintegrate the minor or ward to general population. (Ibid.) Room confinement shall not be used before other less restrictive options have been attempted or exhausted, that it shall not be used for the purposes of punishment, coercion, convenience, or retaliation by staff, and shall not be used to the extent that it compromises the mental and physical health of the minor. (Ibid.)
Administrative segregation cannot adversely affect an incarcerated person’s health and requires documentation of its necessity to obtain the objective of protecting the welfare of incarcerated people and facility staff. Local facilities are also required to document ongoing review and evaluation of the need to continue a person’s placement in administrative segregation. (Cal. Code Regs., tit., 15, § 1053 subds. (b)-(e).)
The regulations only allow disciplinary segregation as “an option of last resort and as a response to the most serious and threatening behavior, for the shortest time possible, and with the least restrictive conditions possible.” (Cal. Code Regs., tit. 15, § 1083.)
- Private Detention Facilities: As discussed above, California can only regulate private federal detention facilities to the extent that the regulation does not disturb federal arrest or detention decisions. (United States v. California (2019) 921 F.3d 865, 866.) However, the State can regulate private facilities that are not under the control of the federal government. (United States v. California, supra, at p. 866.) Privately operated local detention facility responsible for the custody and control of any local prisoner, pursuant to a contract with a city or county, must follow the minimum standards for local correctional facilitates established by the BSCC. (Pen. Code, § 6031.6, subd. (c).)
- Arguments in Support:
- According to Disability Rights, “this bill can help address the wide ranging, dangerous and discriminatory impact of solitary confinement. California needs a state-wide, comprehensive legislative solution to end solitary confinement of people with disabilities in jails, prisons, and immigration detention facilities.”
- According to Immigrant Legal Defense (ILD), “The World Health Organization, United Nations, and other international bodies have recognized solitary confinement as greatly harmful and potentially fatal. In 2015, the United Nations General Assembly ratified the Nelson Mandela Rules, prohibiting any period of segregation beyond 15 days and defining it as torture.
“Despite international demands to end the use of solitary confinement, the practice remains common in jails, prisons, and detention facilities in California.
“California must join the international community, and states like New York, New Jersey, Washington, and Colorado in setting clear standards and limits on the use of solitary confinement. This begins by recognizing that solitary confinement is torture, and setting uniform and consistent limits on how solitary is used in all detention facilities. Through this legislation, California can protect vulnerable populations from torture, and provide a clear roadmap to end the use of solitary confinement.”
- According to Disability Rights, “this bill can help address the wide ranging, dangerous and discriminatory impact of solitary confinement. California needs a state-wide, comprehensive legislative solution to end solitary confinement of people with disabilities in jails, prisons, and immigration detention facilities.”
- Arguments in Opposition:
- According to the Riverside Sheriffs’ Association, “Proponents claim AB 280 is intended to limit what they claim is “excessive use” of segregated confinement, but the bill doesn’t seek to curb or regulate its use. Instead, AB 280 imposes a ban the use of segregated confinement for large categories of inmates, regardless of the serious or imminent risk of harm the inmates pose to themselves, facility staff, visitors or other inmates.
- According to the Riverside Sheriffs’ Association, “Proponents claim AB 280 is intended to limit what they claim is “excessive use” of segregated confinement, but the bill doesn’t seek to curb or regulate its use. Instead, AB 280 imposes a ban the use of segregated confinement for large categories of inmates, regardless of the serious or imminent risk of harm the inmates pose to themselves, facility staff, visitors or other inmates.
“ANY segregated confinement is banned for the following inmates - no exceptions
• Under age 26 - regardless of behavior or risk of harm to self or others. No protection for other inmates or staff from young adult inmates who attack others;
• Over age 59 - regardless of behavior or risk of harm to self or others. No protection for other inmates or staff from “older” inmates who assault others;
• Physical or mental disability - regardless of behavior or risk of harm to self or others. The definitions for such disabilities [Govt Code 12926] are so overly broad that it would classify nearly every inmate with some type of qualifying disability. [PC 2697(e)]
“Temporary inmate segregated confinement is banned - no exceptions even for their own safety Sheriffs and CDCR will be prohibited from placing an inmate in segregated confinement even if such temporary housing is necessary for the safety of the inmate from other inmates. …
“Segregated confinement (when permitted) capped at 45 days within 6 months - no exceptions Similarly, an inmate who attacks a correctional deputy, can be sent to seg-con for a maximum of 15 days (as long as the inmate is not in one of the exempted classes). Upon release, if the inmate attacks correctional staff again can be returned to seg-con for a max of another 15 days. Upon his next release, if he attacks yet another staff member, he’ll get another 15 days max. After that, the same inmate can continue to assault correctional staff or other inmates but he cannot be placed in seg-con because AB 280 prohibits any inmate - from being sent to segcon for more than 45 days in any 180 day period - FOR ANY REASON - regardless of any ongoing safety threat the inmate poses.”
- According to California Association of Psychiatric Technicians (CAPT), “To ensure that inmates and patients receive the best possible treatment for their mental disorders, they must have a safe space free of fear or harm from other inmates. Many segregated confinement units were explicitly created for the mentally ill in prison to receive treatment and programing. In its current form, this bill would eliminate safe spaces and treatment environments where mentally ill inmates can stabilize to return to the general population.”
- According to California Association of Psychiatric Technicians (CAPT), “To ensure that inmates and patients receive the best possible treatment for their mental disorders, they must have a safe space free of fear or harm from other inmates. Many segregated confinement units were explicitly created for the mentally ill in prison to receive treatment and programing. In its current form, this bill would eliminate safe spaces and treatment environments where mentally ill inmates can stabilize to return to the general population.”
- Related Legislation: AB 353 (Jones-Sawyer), would require incarcerated persons to be permitted to shower at least every other day. AB 353 is pending in the Assembly Appropriations Committee.
- Prior Legislation:
- AB 2632 (Holden), of the 2021-2022 Legislative Session, was substantially similar to this bill. AB 2632 was vetoed.
- AB 2321 (Jones-Sawyer), Chapter 781, Statutes of 2022, prohibits confinement of a minor in a locked single-person room or cell in a juvenile facility for a period lasting longer than one hour when room confinement is necessary for institutional operations.
- AB 1225 (Waldron), of the 2021-2022 Legislative Session, would have prohibited an incarcerated woman from being placed in solitary confinement for medical observation. AB 1225 was held in the Assembly Appropriations Committee.
- SB 759 (Anderson), Chapter 191, Statutes of 2016, repealed provisions of law that made incarcerated persons housed in segregation units ineligible to earn credits.
- SB 124 (Leno), of the 2015-2016 Legislative Session, would have established standards and protocols for the placement of juveniles in solitary confinement. SB 124 was held in the Assembly Appropriations Committee.
- SB 1289 (Lara), of the 2015-2016 Legislative Session, would have, among other things, prohibited an immigration detention facility from involuntarily placing a detainee in segregated housing because of his or her actual or perceived gender, gender identity, gender expression, or sexual orientation. SB 1289 was vetoed.
- SB 892 (Hancock), of the 2013-2014 Legislative Session, would have declared the intent of the Legislature that long-term segregated housing as a prison management strategy should be used only as a last resort and should be limited in duration. SB 892 failed passage on the Assembly Floor.
- SB 970 (Yee), of the 2013-2014 Legislative Session, would have prohibited a minor who is detained in, or sentenced to, any juvenile facility or other secure state or local facility from being subject to solitary confinement. SB 970 died in this Committee.
- AB 2632 (Holden), of the 2021-2022 Legislative Session, was substantially similar to this bill. AB 2632 was vetoed.
REGISTERED SUPPORT / OPPOSITION:
Support
California Collaborative for Immigrant Justice (Sponsor)
California Families Against Solitary Confinement (CFASC) (Sponsor)
Immigrant Defense Advocates (Sponsor)
Disability Rights California (Co-Sponsor)
Nextgen California (Co-Sponsor)
Aging People in Prison - Human Rights Campaign
Alianza
Amnesty International USA
Asian Pacific Islander Legal Outreach
California Assoc. of Mental Health Peer Run Organizations (CAMHPRO)
California Catholic Conference
California Immigrant Policy Center
California Innocence Coalition: Northern California Innocence Project, California Innocence Project, Loyola Project for The Innocent
California Public Defenders Association (CPDA)
Council on American-islamic Relations, California
Dbsa California
Dolores Street Community Services
Ella Baker Center for Human Rights
F.u.e.l.- Families United to End Lwop
Forward Impact Dba Represent Justice
Freedom for Immigrants
Friends Committee on Legislation of California
Glide
Grip Training Institute
Immigrant Legal Defense
Indivisible CA Statestrong
LA Defensa
Law Foundation of Silicon Valley
Lawyers' Committee for Civil Rights of The San Francisco Bay Area
League of Women Voters of California
Mental Health Advocacy Services
National Religious Campaign Against Torture
Oakland Privacy
Prison Law Office
Public Law Center
Robert F. Kennedy Human Rights
Root & Rebound
Santa Cruz Barrios Unidos INC.
Santa Cruz Climate Action Network
Secure Justice
Siegel, Yee, Brunner & Mehta
Smart Justice California
Sonoma Immigrant Services
Steinberg Institute
T'ruah: the Rabbinic Call for Human Rights
The Arc and United Cerebral Palsy California Collaboration
The Transformative In-prison Workgroup
UC Berkeley's Underground Scholars Initiative (USI)
Underground Scholars Initiative At the University of California, Irvine
Opposition
California Association of Psychiatric Technicians
California Correctional Peace Officers Association (CCPOA)
California State Sheriffs' Association
Chief Probation Officers of California
Deputy Sheriffs' Association of Monterey County
Los Angeles County Sheriff's Department
Placer County Deputy Sheriffs' Association
Riverside Sheriffs' Association
Analysis Prepared by:
Generally, federal facilities that are contracted with State or local detention facilities are required to comply with the laws of the relevant jurisdiction, as well as any other standards required by an authorized agency. (18 U.S.C. § 4013 (c)(2)(C).) The State is permitted to regulate private facilities that are not under the control of the federal government, and they can regulate federal detention facilities to the extent that the regulation does not disturb federal arrest or detention decisions. (United States v. California (2019) 921 F.3d 865, 866.)
↑Notably, the provision in this bill goes even further than AB 32 (Bonta). AB 32 (Bonta) defined private detention facility as “detention facility that is operated by a private, nongovernmental, for-profit entity, and operating pursuant to a contract or agreement with a governmental entity.” This bill defines private detention facility as “a detention facility operated by a private, nongovernmental, for-profit entity and is operating pursuant to a contractor agreement with a local, state, or federal government entity.”
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Discussed in Hearing
40MIN
Senate Floor
1MIN
Assembly Floor
1MIN
Senate Standing Committee on Appropriations
18MIN
Senate Standing Committee on Public Safety
10MIN
Assembly Floor
28MIN
