Full Text of HB3738 102nd General Assembly
HB3738ham005 102ND GENERAL ASSEMBLY | Rep. Suzanne Ness Filed: 3/4/2022
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| 1 | | AMENDMENT TO HOUSE BILL 3738
| 2 | | AMENDMENT NO. ______. Amend House Bill 3738, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 1. Short title. This Act may be cited as the End | 6 | | Youth Solitary Confinement Act. | 7 | | Section 5. Purpose. The purpose of this Act is to end the | 8 | | use of solitary confinement for young detainees in prisons, | 9 | | jails, and other detention centers for any purpose other than | 10 | | preventing immediate physical harm.
| 11 | | Section 10. Covered juvenile confinement. | 12 | | (a) In this Act: | 13 | | "Administrative hold" means the status assigned to a | 14 | | covered juvenile who is temporarily being housed in a | 15 | | particular covered juvenile center and includes, but is not |
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| 1 | | limited to: a covered juvenile awaiting transfer to the | 2 | | Department of Corrections or another juvenile detention | 3 | | center, a covered juvenile permanently assigned to another | 4 | | juvenile detention center being temporarily housed for | 5 | | purposes of attending court, the covered juvenile awaiting | 6 | | release, and the covered juvenile who was transferred to the | 7 | | Department of Corrections by mistake.
| 8 | | "Behavioral hold" means the status assigned to a covered | 9 | | juvenile who is confined to the covered juvenile's own room or | 10 | | another area because he or she is engaging in dangerous | 11 | | behavior that poses a serious and immediate threat to his or | 12 | | her own safety, the safety of others, or the security of the | 13 | | juvenile detention center.
| 14 | | "Chief administrative officer" means the highest ranking | 15 | | official of a juvenile detention center. | 16 | | "Confinement" means any instance when an individual | 17 | | covered juvenile is held for 15 minutes or more in a room, | 18 | | cell, or other area separated from other covered juveniles. | 19 | | Confinement may occur in locked or unlocked rooms.
| 20 | | "Confinement" includes an administrative hold, behavioral | 21 | | hold, or investigative status.
"Confinement" does not include | 22 | | medical isolation or quarantine, situations when a covered | 23 | | juvenile requests to go to his or her room, the movement of the | 24 | | covered juvenile between offices and classrooms while | 25 | | attending school, a covered juvenile who receives individual | 26 | | counseling or other therapeutic services, or staff who are in |
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| 1 | | ongoing continuous conversation or processing with the covered | 2 | | juvenile such as a cool down.
| 3 | | "Covered juvenile" means any person under 18 years of age | 4 | | incarcerated in a correctional facility, jail, or detention | 5 | | facility of any kind operated by the Department of Juvenile | 6 | | Justice, a county, or a municipality. | 7 | | "Investigative status" meaning a status assigned to a | 8 | | covered juvenile for whom confinement is necessary for the | 9 | | efficient and effective investigation of a Tier 2 or Tier 3 | 10 | | offense, as defined in the Department of Juvenile Justice's | 11 | | Administrative Directive 04.01.140. | 12 | | "Tier 2" or "Tier 3" offense means a major rules violation | 13 | | that results in immediate disciplinary consequences that are | 14 | | assigned by the staff of the facility reporting the violation. | 15 | | (b) The use of room confinement at a juvenile or | 16 | | correctional facility for discipline, punishment, retaliation, | 17 | | or any reason other than as a temporary response to a | 18 | | juvenile's behavior that poses a serious and immediate risk of | 19 | | physical harm to any individual, including the juvenile, is | 20 | | prohibited. | 21 | | (b-5) A covered juvenile may be placed on an | 22 | | administrative hold and confined when temporarily being housed | 23 | | in a particular juvenile detention center or for | 24 | | administrative or security purposes as personally determined | 25 | | by the chief administrative officer. | 26 | | (b-6) Placement on administrative hold shall be subject to |
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| 1 | | the following time limitations: | 2 | | (1) when the covered juvenile is awaiting transfer to | 3 | | the Department of Corrections or a more secure setting, | 4 | | the administrative hold may not exceed 3 business days; | 5 | | and | 6 | | (2) the administrative hold may not exceed 7 calendar | 7 | | days when the covered juvenile is temporarily transferred | 8 | | to a different facility for the purposes of placement | 9 | | interviews, court appearances, or medical treatment. | 10 | | (b-7) Whenever a covered juvenile is on an administrative | 11 | | hold, the Department shall provide the covered juvenile with | 12 | | access to the same programs and services received by covered | 13 | | juveniles in the general population. Any restrictions on | 14 | | movement or access to programs and services shall be | 15 | | documented and justified by the chief administrative officer. | 16 | | (c) If a covered juvenile poses a serious and immediate | 17 | | risk of physical harm to any individual, including the | 18 | | juvenile, before a staff member of the facility places a | 19 | | covered juvenile in room confinement, the staff member shall | 20 | | attempt to use other less restrictive options, unless | 21 | | attempting those options poses a threat to the safety or | 22 | | security of any minor or staff. | 23 | | (d) If a covered juvenile is placed in room confinement | 24 | | because the covered juvenile poses a serious and immediate | 25 | | risk of physical harm to himself or herself, or to others, the | 26 | | covered juvenile shall be released: |
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| 1 | | (1) immediately when the covered juvenile has | 2 | | sufficiently gained control so as to no longer engage in | 3 | | behavior that threatens serious and immediate risk of | 4 | | physical harm to himself or herself, or to others; or | 5 | | (2) no more than 24 hours after being placed in room | 6 | | confinement if a covered juvenile does not sufficiently | 7 | | gain control as described in paragraph (1) of this | 8 | | subsection (d) and poses a serious and immediate risk of | 9 | | physical harm to himself or herself or others, not later | 10 | | than: | 11 | | (A) 3 hours after being placed in room | 12 | | confinement, in the case of a covered juvenile who | 13 | | poses a serious and immediate risk of physical harm to | 14 | | others; or | 15 | | (B) 30 minutes after being placed in room | 16 | | confinement, in the case of a covered juvenile who | 17 | | poses a serious and immediate risk of physical harm | 18 | | only to himself or herself.
| 19 | | (e) If, after the applicable maximum period of confinement | 20 | | has expired, a covered juvenile continues to pose a serious | 21 | | and immediate risk of physical harm to others: | 22 | | (1) the covered juvenile shall be transferred to | 23 | | another juvenile facility or internal location where | 24 | | services can be provided to the covered juvenile without | 25 | | relying on room confinement; or | 26 | | (2) if a qualified mental health professional believes |
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| 1 | | the level of crisis service needed is not currently | 2 | | available, a staff member of the facility shall initiate a | 3 | | referral to a location that can meet the needs of the | 4 | | covered juvenile. | 5 | | (f) Each facility detaining covered juveniles shall report | 6 | | the use of each incident of room confinement to an independent | 7 | | ombudsperson for the Department of Juvenile Justice each | 8 | | month, including: | 9 | | (1) the name of the covered juvenile; | 10 | | (2) demographic data, including, at a minimum, age, | 11 | | race, gender, and primary language; | 12 | | (3) the reason for room confinement, including how | 13 | | detention facility officials determined the covered | 14 | | juvenile posed an immediate risk of physical harm to | 15 | | others or to him or herself; | 16 | | (4) the length of room confinement; | 17 | | (5) the number of covered juveniles transferred to | 18 | | another facility or referral to a separate crisis location | 19 | | covered under subsection (e); and | 20 | | (6) the name of detention facility officials involved | 21 | | in each instance of room confinement.
| 22 | | (g) An independent ombudsperson for the Department of | 23 | | Juvenile Justice shall be empowered to review and enforce | 24 | | detention facility's adherence to this Section.".
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