Bill Status of HB 3738   102nd General Assembly

Short Description:  YOUTH SOLITARY CONFINEMENT

House Sponsors
Rep. Suzanne Ness-Maurice A. West, II-La Shawn K. Ford, Kelly M. Cassidy, Delia C. Ramirez, Anne Stava-Murray, Lindsey LaPointe, Anna Moeller, Marcus C. Evans, Jr., Barbara Hernandez, Rita Mayfield, Lakesia Collins, Elizabeth Hernandez, Jonathan Carroll, Carol Ammons, Maura Hirschauer, Justin Slaughter and Debbie Meyers-Martin

Senate Sponsors
(Sen. Cristina Castro and Ann Gillespie)


Last Action  View All Actions

DateChamber Action
  1/10/2023HouseSession Sine Die

Statutes Amended In Order of Appearance
New Act

Synopsis As Introduced
Creates the End Youth Solitary Confinement Act. Provides that the use of room confinement of a person under 21 years of age at a juvenile or correctional facility for discipline, punishment, retaliation, or any reason other than as a temporary response to a juvenile's behavior that poses a serious and immediate risk of physical harm to any individual, including the juvenile, is prohibited. Provides that if a covered juvenile poses a serious and immediate risk of physical harm to any individual, including the juvenile, before a staff member of the facility places a covered juvenile in room confinement, the staff member shall attempt to use other less restrictive options, unless attempting those options poses a threat to the safety or security of any minor or staff. Establishes procedures for placing a covered juvenile in room confinement because the covered juvenile poses a serious and immediate risk of physical harm to himself or herself, or to others. Provides that each facility detaining covered juveniles shall report the use of each incident of room confinement to the Attorney General each month. Defines "covered juvenile".

House Floor Amendment No. 1
Deletes a reference to the Department of Corrections. Provides that the reporting agency for certain provisions shall be an independent ombudsperson for the Department of Juvenile Justice, rather than the Attorney General.

House Floor Amendment No. 2
Provides that "confinement" does not include medical isolation or quarantine.

House Floor Amendment No. 3
Defines "administrative hold", "behavioral hold", "chief administrative officer", "confinement", and "investigative status". Provides that a covered juvenile may be placed on an administrative hold and confined when temporarily being housed in a particular covered juvenile center or for administrative or security purposes as personally determined by the chief administrative officer. Provides that placement on administrative hold shall be subject to the following time limitations: (1) when the covered juvenile is awaiting transfer to the Department of Corrections or a more secure setting, the administrative hold may not exceed 3 business days; and (2) the administrative hold may not exceed 7 calendar days when the covered juvenile is temporarily transferred to a different facility for the purposes of placement interviews, court appearances, or medical treatment. Provides that whenever a covered juvenile is on an administrative hold, the Department of Juvenile Justice, Department of Corrections, or county or municipality holding the covered juvenile shall provide the covered juvenile with access to the same programs and services received by covered juveniles in the general population. Provides that any restrictions on movement or access to programs and services shall be documented and justified by the chief administrative officer.

House Floor Amendment No. 4
Defines "covered juvenile" as any person under 18 (rather than 21) years of age incarcerated in a correctional facility, jail, or detention facility of any kind operated by the Department of Corrections, the Department of Juvenile Justice, a county, or a municipality.

House Floor Amendment No. 5
Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill, as amended by House Amendments Nos. 1, 3, and 4. Specifies that "confinement" does not include medical isolation or quarantine.

Actions 
DateChamber Action
  2/19/2021HouseFiled with the Clerk by Rep. Suzanne Ness
  2/22/2021HouseFirst Reading
  2/22/2021HouseReferred to Rules Committee
  3/16/2021HouseAssigned to Judiciary - Criminal Committee
  3/22/2021HouseAdded Co-Sponsor Rep. Maurice A. West, II
  3/22/2021HouseRemoved Co-Sponsor Rep. Maurice A. West, II
  3/25/2021HouseAdded Co-Sponsor Rep. Kelly M. Cassidy
  3/25/2021HouseAdded Co-Sponsor Rep. Delia C. Ramirez
  3/26/2021HouseDo Pass / Short Debate Judiciary - Criminal Committee; 019-000-000
  3/26/2021HouseAdded Co-Sponsor Rep. Anne Stava-Murray
  4/8/2021HousePlaced on Calendar 2nd Reading - Short Debate
  4/16/2021HouseAdded Co-Sponsor Rep. Lindsey LaPointe
  4/16/2021HouseAdded Co-Sponsor Rep. Anna Moeller
  4/16/2021HouseAdded Co-Sponsor Rep. Marcus C. Evans, Jr.
  4/20/2021HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Suzanne Ness
  4/20/2021HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  4/20/2021HouseAdded Co-Sponsor Rep. Barbara Hernandez
  4/20/2021HouseAdded Co-Sponsor Rep. Rita Mayfield
  4/20/2021HouseAdded Co-Sponsor Rep. Lakesia Collins
  4/21/2021HouseAdded Co-Sponsor Rep. Elizabeth Hernandez
  4/21/2021HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  4/21/2021HouseSecond Reading - Short Debate
  4/21/2021HouseHeld on Calendar Order of Second Reading - Short Debate
  4/23/2021HouseRule 19(a) / Re-referred to Rules Committee
  4/23/2021HouseHouse Floor Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee
  1/25/2022HouseApproved for Consideration Rules Committee; 005-000-000
  1/31/2022HousePlaced on Calendar 2nd Reading - Short Debate
  1/31/2022HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  2/3/2022HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Suzanne Ness
  2/3/2022HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  2/8/2022HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary - Criminal Committee
  2/24/2022HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary - Criminal Committee; 011-007-000
  2/24/2022HouseHouse Floor Amendment No. 2 Recommends Be Adopted Judiciary - Criminal Committee; 011-007-000
  2/24/2022HouseAdded Chief Co-Sponsor Rep. Maurice A. West, II
  2/28/2022HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Suzanne Ness
  2/28/2022HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  3/1/2022HouseHouse Floor Amendment No. 4 Filed with Clerk by Rep. Suzanne Ness
  3/1/2022HouseHouse Floor Amendment No. 4 Referred to Rules Committee
  3/1/2022HouseHouse Floor Amendment No. 3 Rules Refers to Judiciary - Criminal Committee
  3/1/2022HouseHouse Floor Amendment No. 4 Rules Refers to Judiciary - Criminal Committee
  3/2/2022HouseHouse Floor Amendment No. 3 Recommends Be Adopted Judiciary - Criminal Committee; 010-008-000
  3/2/2022HouseHouse Floor Amendment No. 4 Recommends Be Adopted Judiciary - Criminal Committee; 010-008-000
  3/2/2022HouseAdded Co-Sponsor Rep. Jonathan Carroll
  3/2/2022HouseAdded Co-Sponsor Rep. Carol Ammons
  3/2/2022HouseAdded Co-Sponsor Rep. Maura Hirschauer
  3/3/2022HouseHouse Floor Amendment No. 1 Adopted
  3/3/2022HouseHouse Floor Amendment No. 2 Adopted
  3/3/2022HouseHouse Floor Amendment No. 3 Adopted
  3/3/2022HouseHouse Floor Amendment No. 4 Adopted
  3/3/2022HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/3/2022HouseThird Reading - Short Debate - Passed 065-039-000
  3/3/2022HouseAdded Co-Sponsor Rep. Justin Slaughter
  3/3/2022HouseAdded Co-Sponsor Rep. Debbie Meyers-Martin
  3/3/2022HouseAdded Chief Co-Sponsor Rep. La Shawn K. Ford
  3/3/2022HouseMotion Filed to Reconsider Vote Rep. Suzanne Ness
  3/4/2022HouseMotion to Reconsider Vote - Prevails 060-037-000
  3/4/2022HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/4/2022HouseHouse Floor Amendment No. 5 Filed with Clerk by Rep. Suzanne Ness
  3/4/2022HouseHouse Floor Amendment No. 5 Referred to Rules Committee
  3/4/2022HouseHouse Floor Amendment No. 5 Recommends Be Adopted Rules Committee; 003-001-000
  3/4/2022HouseRecalled to Second Reading - Short Debate
  3/4/2022HouseHouse Floor Amendment No. 5 Adopted
  3/4/2022HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/4/2022HouseThird Reading - Short Debate - Passed 063-040-000
  3/7/2022SenateArrive in Senate
  3/7/2022SenatePlaced on Calendar Order of First Reading
  3/7/2022SenateChief Senate Sponsor Sen. Cristina Castro
  3/7/2022SenateFirst Reading
  3/7/2022SenateReferred to Assignments
  12/19/2022SenateAdded as Alternate Co-Sponsor Sen. Ann Gillespie
  1/10/2023HouseSession Sine Die

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