SB1418112th GA (Historical)Introduced

Amends TCA Title 37 and Title 41, Chapter 4.

This bill prohibits juvenile detention facilities from placing any juvenile offender in solitary confinement, except in accordance with the following guidelines: (1) Solitary confinement must not be used before other less restrictive options have been attempted and exhausted, unless attempting those options poses a threat to the safety of any other juvenile, inmate, or staff; (2) Solitary confinement must not be used for the purposes of coercion, convenience, or retaliation by staff; and (3) A juvenile detention facility may place a juvenile offender who presents a serious security risk or an imminent threat to the safety of another in solitary confinement, without a hearing, for a period not to exceed 22 hours; provided, that if an administrative hearing is conducted after the initial solitary confinement period, and the juvenile offender is still found to present a serious security risk or imminent threat to the safety of another, the juvenile detention facility may order the juvenile offender to be placed in solitary confinement for no more than an additional seven days, at a maximum of 22 hours per day. For purposes of this bill, confinement of an incarcerated person in a single-person room or cell for brief periods of locked-room confinement necessary for required institutional operations, and medical quarantine under physician's orders, are not solitary confinement. This bill requires juvenile detention facilities to provide a weekly report to the appropriate juvenile court judge of each juvenile offender placed in solitary confinement during the time period of the report. The full text of this bill specifies the reports' contents. This bill requires the department of children's services to provide appropriate training, either through the department or by contract, to individuals employed by a juvenile detention facility in the treatment of juveniles.

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Overview

This bill prohibits juvenile detention facilities from placing any juvenile offender in solitary confinement, except in accordance with the following guidelines: (1) Solitary confinement must not be used before other less restrictive options have been attempted and exhausted, unless attempting those options poses a threat to the safety of any other juvenile, inmate, or staff; (2) Solitary confinement must not be used for the purposes of coercion, convenience, or retaliation by staff; and (3) A juvenile detention facility may place a juvenile offender who presents a serious security risk or an imminent threat to the safety of another in solitary confinement, without a hearing, for a period not to exceed 22 hours; provided, that if an administrative hearing is conducted after the initial solitary confinement period, and the juvenile offender is still found to present a serious security risk or imminent threat to the safety of another, the juvenile detention facility may order the juvenile offender to be placed in solitary confinement for no more than an additional seven days, at a maximum of 22 hours per day. For purposes of this bill, confinement of an incarcerated person in a single-person room or cell for brief periods of locked-room confinement necessary for required institutional operations, and medical quarantine under physician's orders, are not solitary confinement. This bill requires juvenile detention facilities to provide a weekly report to the appropriate juvenile court judge of each juvenile offender placed in solitary confinement during the time period of the report. The full text of this bill specifies the reports' contents. This bill requires the department of children's services to provide appropriate training, either through the department or by contract, to individuals employed by a juvenile detention facility in the treatment of juveniles.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 11, 2021

Subjects
2605482311500750

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