SLS 17RS-210 ORIGINAL 2017 Regular Session SENATE CONCURRENT RESOL UTION NO. 38 BY SENATOR MORRELL AND REPRESENTATIVE MORENO JUVENILE JUSTICE. Creates the Task Force on Secure Care Standards and Auditing. 1 A CONCURRENT RESOL UTION 2 To create the Task Force on Secure Care Standards and Auditing to develop standards and 3 procedures for the operation and auditing of secure care facilities in Louisiana. 4 WHEREAS, the youth sent to secure care are those determined to be a risk to public 5 safety or unable to be treated in a less restrictive setting; and 6 WHEREAS, secure care facilities are high security facilities with perimeter fences, 7 locked units, dormitory housing, and constant monitoring of the youth; and 8 WHEREAS, in Louisiana, there are four secure care facilities; three male-only 9 facilities and one female-only facility; and 10 WHEREAS, there are currently no auditing standards for secure care facilities; and 11 WHEREAS, the health and safety of all children in Louisiana is a top priority; and 12 WHEREAS, Louisiana law provides that children who are removed from their 13 parents and placed into secure care shall be cared for nearly as possible equivalent to the care 14 which the parents should have given; and 15 WHEREAS, the health and safety of employees working in secure care facilities is 16 essential; and 17 WHEREAS, input from all juvenile justice stakeholders is necessary in the Page 1 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SCR NO. 38 SLS 17RS-210 ORIGINAL 1 development of uniform auditing standards to ensure secure care facilities are operating in 2 a manner that will best serve and rehabilitate the youth assigned to them; and 3 WHEREAS, it is in the best interest of the public and youth placed in secure care 4 facilities to convene a group of qualified stakeholders to study and develop audit standards 5 that comport with nationally recognized and accepted best practice standards for care, 6 treatment, operation, and rehabilitation of youth in secure care facilities. 7 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby 8 authorize and direct the creation of the Task Force on Secure Care Standards and Auditing. 9 BE IT FURTHER RESOLVED that the task force is hereby authorized and directed 10 to undertake a comprehensive review of the secure care system in Louisiana and develop 11 uniform standards and auditing recommendations that will include but not be limited to: 12 (1) Cost of implementation. 13 (2) Operational requirements and physical plant security measures. 14 (3) Staff qualifications and training, staffing levels, and staff responsibilities. 15 (4) Staff recruitment, retention, and safety. 16 (5) Intake and classification procedures. 17 (6) Regulations regarding the use of room confinement, isolation cells, solitary 18 confinement, or lock down. 19 (7) Regulations regarding the withholding of contact, phone calls, or visits with 20 family or legal guardians as a sanction, for discipline, or as part of a behavioral plan. 21 (8) Regulations regarding the use of force and chemical and mechanical restraints. 22 (9) Mental health care and the development of appropriate treatment plans. 23 (10) Physical health care and access to appropriate health care and rehabilitative 24 programs. 25 (11) Accommodations and care for youth with disabilities. 26 (12) Regulations regarding the prevention of sexual assault and harassment. 27 (13) The rights of youth in a secure care facility and ensuring youth have access to 28 information regarding case and remedies to address grievances. 29 (14) Regulations regarding maximizing family partnership and ensuring family's Page 2 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SCR NO. 38 SLS 17RS-210 ORIGINAL 1 access to information about their children. 2 (15) Regulations regarding user pay phone systems. 3 (16) Regulations regarding the prevention of racial, ethnic, and gender disparities. 4 (17) Data to be sent to the legislative auditor by the office of juvenile justice to be 5 used in auditing secure care facilities and informing the public of the safety of youth and 6 staff in secure care facilities. 7 (18) A regular schedule of audits of each secure care facility by the legislative 8 auditor. 9 BE IT FURTHER RESOLVED that the task force shall be chaired by a designated 10 member of the Louisiana Youth Justice Coalition and shall be composed of the following 11 members: 12 (1) The deputy secretary of the office of juvenile justice, or his designee. 13 (2) The president of the Louisiana Juvenile Detention Association, or his designee. 14 (3) The director of the Louisiana Center for Children's Rights, or his designee. 15 (4) The secretary of the Department of Children and Family Services, or his 16 designee. 17 (5) The secretary of the Louisiana Department of Health, or his designee. 18 (6) The executive director of the Advocacy Center of Louisiana, or his designee. 19 (7) The statewide director of the Juvenile Detention Alternatives Initiatives, or his 20 designee. 21 (8) An expert in assessing conditions of confinement in juvenile facilities for the 22 purpose of ensuring the safety and well-being of youth and the effect of incarceration on 23 adolescents and young adults, appointed by the chairman of the task force. 24 (9) An attorney with experience representing children, appointed by the director of 25 the Mental Health Advocacy Service. 26 (10) The executive director of Justice for Families, or his designee. 27 (11) The executive director of Families and Friends of Louisiana's Incarcerated 28 Children, or his designee. 29 (12) Two people formerly incarcerated in a Louisiana secure care facility, appointed Page 3 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SCR NO. 38 SLS 17RS-210 ORIGINAL 1 by the Louisiana Youth Justice Coalition. 2 (13) Two parents of children currently or formerly incarcerated in a Louisiana secure 3 care facility, appointed by the executive director of Justice for Families. 4 (14) Two people working as juvenile justice specialists in secure care facilities, 5 appointed by the chairman of the task force. 6 (15) The managing attorney for the Louisiana Southern Poverty Law Center, or his 7 designee. 8 (16) The Louisiana legislative auditor, or his designee. 9 (17) The president of the Senate, or his designee. 10 (18) The speaker of the House of Representatives, or his designee. 11 (19) The governor, or his designee. 12 BE IT FURTHER RESOLVED that a majority of the membership of the task force 13 shall constitute a quorum; however, if all members have not been appointed by September 14 1, 2017, a majority of the appointed membership shall constitute a quorum. 15 BE IT FURTHER RESOLVED that the office of juvenile justice and all contracting 16 facilities and agencies shall cooperate and provide information and assistance as may be 17 necessary for the task force to accomplish its goals. 18 BE IT FURTHER RESOLVED that the task force may seek administrative assistance 19 and staff from the Louisiana Youth Justice Coalition as may be necessary to accomplish its 20 goals. 21 BE IT FURTHER RESOLVED that no later than February 1, 2018, the task force 22 shall prepare and deliver a written report of its findings and recommendations to the 23 governor, the legislature, Continuous Quality Improvement Services of the office of juvenile 24 justice, and the Louisiana Legislative Auditor that establishes a schedule and process for 25 regular audits of secure care facilities. 26 BE IT FURTHER RESOLVED that no later than October 1, 2018, Continuous 27 Quality Improvement Services of the office of juvenile justice shall begin the process of 28 promulgating into rule, in accordance with the Administrative Procedure Act, the standards 29 governing operation and auditing of secure care facilities recommended by the task force. Page 4 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SCR NO. 38 SLS 17RS-210 ORIGINAL 1 BE IT FURTHER RESOLVED that no later than February 1, 2019, the task force 2 shall prepare and deliver a written report of its findings, policy recommendations, and 3 legislation recommendations regarding the operation and auditing schedule of secure care 4 facilities to the governor, legislature, the office of juvenile justice, and the Louisiana 5 Legislative Auditor. 6 BE IT FURTHER RESOLVED that the Task Force on Secure Care Standards and 7 Auditing shall be abolished on February 1, 2019. The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Ashley E. Menou. DIGEST SCR 38 Original 2017 Regular Session Morrell Creates the Task Force on Secure Care Standards and Auditing to develop standards and procedures for the operation and auditing of secure care facilities in Louisiana. Requires the task force to submit a written report of findings and an auditing schedule for secure care facilities to be delivered to the governor, the legislature, the office of juvenile justice (OJJ), and the legislative auditor no later than February 1, 2018. Requires OJJ to begin the process of promulgating into rule the task force recommendations no later than October 1, 2018. Requires the task force to submit a written report of findings, policy recommendations, and legislation recommendations to the governor, legislature, OJJ and the legislative auditor no later than February 1, 2019. Abolishes the task force on February 1, 2019. Provides that the task force shall consist of the following: (1)The deputy secretary of OJJ, or his designee. (2)The president of the La. Juvenile Detention Assn., or his designee. (3)The director of the La. Center for Children's Rights, or his designee. (4)The secretary of DCFS, or his designee. (5)The secretary of LDH, or his designee. (6)The executive director of the Advocacy Center of La., or his designee. (7)The executive director of the La. Commission on Law Enforcement and Administration of Criminal Justice, or his designee. (8)An expert in assessing conditions of confinement in juvenile facilities, appointed by the chairman. (9)An attorney with experience representing children, appointed by the director of Page 5 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SCR NO. 38 SLS 17RS-210 ORIGINAL Mental Health Advocacy Service. (10)The executive director of Justice for Families, or his designee. (11)The executive director of Families and Friends of La.'s Incarcerated Children, or his designee. (12)Two people formerly incarcerated in a La. secure care facility, appointed by La. Youth Justice Coalition. (13)Two parents of children currently or formerly incarcerated in a La. secure care facility, appointed by the executive director of Justice for Families. (14)Two people working as juvenile justice specialists in secure care facilities, appointed by the chairman of the task force. (15)The managing attorney for the Louisiana Southern Poverty Law Center, or his designee. (16)The La. Legislative Auditor, or his designee. (17)The president of the Senate, or his designee. (18)The speaker of the House of Representatives, or his designee. (19)The governor, or his designee. Page 6 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.