(a) Definitions: “Covered juvenile” means any person under the age of 21 in a state-run or contracted prison, jail, or detention facility of any kind.
(b) The use of room confinement 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.
(c) If a covered juvenile poses a serious and immediate risk of physical harm to any individual, including the juvenile, before a staff member of a juvenile 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.
(d) If a covered juvenile is placed in room confinement because the covered juvenile poses a serious and immediate risk of physical harm to himself or herself, or to others, the covered juvenile shall be released:
- (i) immediately when the covered juvenile has sufficiently gained control so as to no longer engage in behavior that threatens serious and immediate risk of physical harm to himself or herself, or to others; or
- (ii) no more than 24 hours after being placed in room confinement if a covered juvenile does not sufficiently gain control as described in subsection (d)(i) and poses a serious and immediate risk of physical harm to himself or herself or others, not later than:
- (1) 3 hours after being placed in room confinement, in the case of a covered juvenile who poses a serious and immediate risk of physical harm to others; or
- (2) 30 minutes after being placed in room confinement, in the case of a covered juvenile who poses a serious and immediate risk of physical harm only to himself or herself.
(e) If, after the applicable maximum period of confinement has expired, a covered juvenile continues to pose a serious and immediate risk of physical harm to others,
- (i) the covered juvenile shall be transferred to another juvenile facility or internal location where services can be provided to the covered juvenile without relying on room confinement or
- (ii) if a qualified mental health professional believes the level of crisis service needed is not currently available, a staff member of the juvenile facility shall initiate a referral to a location that can meet the needs of the covered juvenile.
(f) Each facility detaining covered juveniles shall report the use of each incident of room confinement to the Attorney General each month, including:
- (i) the name of the covered juvenile;
- (ii) demographic data including at a minimum, age, race, gender, and primary language;
- (iii) reason for room confinement, including how detention facility officials determined the covered juvenile posed an immediate risk of physical harm to others or to him or herself;
- (iv) length of room confinement;
- (v) number of covered juveniles transferred to another facility or referral to a separate crisis location covered under (e)
- (vi) name of detention facility officials involved in each instance of room confinement.
(g) The Attorney General shall be empowered to review and enforce detention facility’s adherence to this section. If a private contractor involved in managing a detention facility does not adhere to this section, the Attorney General shall have the power to cancel any existing state contracts with such a contractor.