Senate Approves Limits on Solitary Confinement For Juveniles

The California Senate passed a bill to restrict the solitary confinement of juveniles Wednesday, with a 24 to 14 vote.   

Senate Bill number 61, authored by Democrat Leland Yee defines how county and state correctional facilities can incarcerate juveniles in California.

“The use of solitary confinement on a child is highly damaging and makes young people more dangerous and anti-social,” Yee said.  “Subjecting juveniles to solitary makes them more likely to reoffend, and more likely to suffer a lifetime mental illness,” he said.    Yee received his doctorate degree in child psychology from the University of Hawaii.

The bill echoes statements made by Juan E. Méndez, United Nations’ Special Rapporteur on torture, at the October 2011 meeting of the General Assembly’s Third Committee, which focuses on social, cultural, and humanitarian issues throughout the globe.  

“Solitary confinement is a harsh measure which is contrary to rehabilitation, the aim of the penitentiary system,” Méndez said during that presentation. “Indefinite and prolonged solitary confinement in excess of 15 days should also be subject to an absolute prohibition,” he said.  He said that even a few consecutive days of social isolation would deteriorate a person’s mental health.
 
Senator Yee agrees. 

“Locking children alone in a box is not a civilized solution,” Yee said. “This antiquated and barbaric practice must be replaced by disciplinary measures that are effective rather than simply destructive,” he added.  

SB61 defines solitary confinement as “the involuntary placement in a room or cell in isolation from persons other than staff and attorneys.” 

It would require that solitary confinement only be imposed on a minor when that person poses an immediate and substantial risk of harm to the safety of other inmates, or correctional facility staff, when other options have been exhausted.  It also says that minors should only be placed in isolation for the minimum amount of time required to diffuse the safety risk.  

This bill empowers county juvenile commissions to blow the whistle on abuses of solitary confinement sentences in facilities that incarcerate minors. 

It was ordered to the Assembly on May 29, 2013. 

To read the full text of the bill, and review edits that were made,visit this website.
 
Senator Leland Yee represents California’s 8th Senate district, which encompasses Woodside, Portola Valley, and most of San Mateo County.