HLS 22RS-983 ENGROSSED
2022 Regular Session
HOUSE BILL NO. 746
BY REPRESENTATIVE DUPLESSIS
JUVENILES/DETENTION FAC: Provides relative to solitary confinement in juvenile
facilities
1 AN ACT
2To enact R.S. 15:905(F), relative to juvenile institutions; to provide relative to solitary
3 confinement in juvenile facilities; to provide relative to a definition; to provide
4 relative to documentation; to provide relative to submission of reports; to provide
5 relative to training; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 15:905(F) is hereby enacted to read as follows:
8 ยง905. Rules and regulations; education; training and discipline, work opportunities,
9 vocational training, contracts and agreements
10 * * *
11 F. No juvenile in the custody of the office of juvenile justice shall be placed
12 in any form of solitary confinement for any reason other than a temporary response
13 to behavior that poses a serious and immediate threat of physical harm to the juvenile
14 or others.
15 (1) For the purposes of this Subsection, "solitary confinement" shall mean
16 the involuntary placement of a juvenile alone in a cell, room, or other area, except
17 during regularly-scheduled sleeping hours. It includes, but is not limited to, any
18 behavioral intervention, seclusion, isolation, room isolation, segregation,
19 administrative segregation, or room confinement, in response to rule violations,
20 staffing shortages, or for any other reason that is not an emergency response to
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1 behavior that poses a serious and immediate threat of physical harm to the juvenile
2 or others.
3 (2)(a) A juvenile shall never be placed in solitary confinement for the
4 purposes of discipline, punishment, administrative convenience, retaliation,
5 protective custody, suicide intervention, general behavior management, rule
6 violations, in response to staffing shortages, or for any other reason that is not an
7 emergency response to behavior that poses a serious and immediate threat of
8 physical harm to the juvenile or others.
9 (b) Under no circumstances shall a juvenile who has expressed suicidal
10 ideations or attempted suicide be placed in solitary confinement.
11 (3) A juvenile may only be held in solitary confinement under any of the
12 following conditions:
13 (a) Progressive protocols, beginning with verbal calming and other
14 de-escalation techniques attempted by facility staff, have proven unsuccessful at
15 resolving the imminent threat of physical harm.
16 (b) There is a need to eliminate the serious and immediate risk of physical
17 harm to the juvenile or others.
18 (4)(a) All protocols and techniques provided in Paragraph (3)(a) of this
19 Subsection shall be documented, along with an explanation of why solitary
20 confinement was ultimately deemed necessary.
21 (b) A juvenile placed in solitary confinement pursuant to Paragraph (3)(b)
22 of this Subsection shall be released from solitary confinement as soon as the serious
23 and immediate risk of physical harm to self or others is resolved.
24 (5) A juvenile shall only be held in solitary confinement for a period that
25 does not compromise or harm his mental or physical health.
26 (a) Under no circumstances shall any period of solitary confinement last
27 longer than eight hours.
28 (b) After eight hours, the juvenile shall be returned to the general population.
29 If the juvenile is still in crisis, the juvenile may be transported to a mental health
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1 facility upon the recommendation of a mental health professional, or the facility staff
2 shall implement a mental health crisis plan that allows for the juvenile to return to
3 the general population safely. Under no circumstances shall this plan allow for the
4 juvenile to remain in solitary confinement longer than eight hours.
5 (6) The use of consecutive periods of room confinement to avoid the intent
6 and purpose of this Section is prohibited.
7 (7) All instances of solitary confinement shall be approved immediately by
8 the facility director or deputy director, and only after consultation with a qualified
9 mental health practitioner who has spoken with the juvenile. Approval must be
10 re-affirmed every hour thereafter.
11 (a) The facility director or deputy director shall immediately notify the
12 deputy secretary and the senior administrative team any time a juvenile is placed in
13 solitary confinement.
14 (b) Within two hours of placing a juvenile in solitary confinement, the
15 facility shall contact the juvenile's parent or guardian and the juvenile's attorney of
16 record to provide notice that the juvenile was placed in solitary confinement and the
17 reason for the confinement.
18 (8) Juveniles in solitary confinement shall be continuously monitored.
19 Facility staff shall engage in continued crisis intervention and de-escalation
20 techniques and make visual and verbal contact with each youth in solitary
21 confinement at least every ten minutes. The intent and purpose of this intervention
22 is to help de-escalate the juvenile's behavior so the juvenile can rejoin the general
23 population as soon as possible. Staff shall document the time and nature of the
24 observation and interventions.
25 (9) Within the first hour of solitary confinement and every hour thereafter,
26 a qualified mental health practitioner shall speak to the juvenile to help the juvenile
27 de-escalate and exit solitary confinement as soon as possible.
28 (10) Staff shall return the juvenile to programming as soon as the juvenile
29 has regained self control and is no longer engaging in behavior that threatens serious
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1 and immediate harm to himself or others. If necessary, staff can return the juvenile
2 to a separate area other than a cell or other isolated space where staff can help the
3 juvenile self-regulate and become ready to return to the general population.
4 (11) All rooms used for solitary confinement shall have adequate and
5 operating lighting, heating and cooling, and ventilation for the comfort of the
6 juvenile. Rooms shall be clean and resistant to suicide and self-harm.
7 (12) Juveniles in solitary confinement shall have access to all of the
8 following:
9 (a) Sunlight.
10 (b) Drinking water.
11 (c) Toilet facilities.
12 (d) Working showers.
13 (e) Hygiene supplies.
14 (f) Mattresses
15 (g) Reading materials.
16 (h) Meals.
17 (i) Contact with parents or legal guardians.
18 (j) Legal assistance.
19 (k) Educational programming.
20 (l) Appropriate medical and mental health services, which shall be provided
21 by mental health staff as needed.
22 (13) Every instance of solitary confinement shall be documented
23 electronically and in the aggregate. Unidentified data on the frequency and length
24 of time that the juvenile spends in solitary confinement shall be available upon
25 request as a public record. Documentation of the solitary confinement shall include
26 all of the following:
27 (a) The date of the occurrence.
28 (b) The race, ethnicity, age, gender, and disability status of the juvenile.
29 (c) The reason for the juvenile's placement in solitary confinement.
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1 (d) An explanation of why less restrictive means for placement were
2 unsuccessful.
3 (e) The ultimate duration of the juvenile's placement in solitary confinement.
4 (f) Facility staffing levels at the time of the juvenile's confinement.
5 (g) Any incidents of self-harm, suicide attempts, or suicide committed by the
6 juvenile while the juvenile was confined and where the juvenile was placed after
7 leaving solitary confinement.
8 (14)(a) The office of juvenile justice shall submit a report on the use of
9 solitary confinement quarterly to the Juvenile Justice Reform Act Commission. This
10 report shall include all of the following:
11 (i) The length of time each juvenile was in solitary confinement.
12 (ii) The race, ethnicity, age, gender, and disability status of each juvenile
13 placed in solitary confinement.
14 (iii) The facility staffing levels at the time of the juvenile's confinement.
15 (iv) The reason each juvenile was placed in confinement, and where the
16 juvenile was placed after leaving solitary confinement.
17 (b) All of the following shall be included in the report:
18 (i) Each instance of solitary confinement exceeding eight hours, including
19 all reasons why attempts to return the juvenile to the general population of the
20 facility were unsuccessful.
21 (ii) All corrective measures taken in response to noncompliance with this
22 Section.
23 (iii) Redacted personal identifying information that provides individual, not
24 aggregate, data.
25 (c) The initial quarterly report shall be submitted within two weeks after the
26 quarter ending on September 30, 2022. Subsequent reports shall be submitted for the
27 ensuing quarters within two weeks after the end of each quarter.
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1 (d) The office of juvenile justice shall post a report on the use of solitary
2 confinement on its website quarterly with deidentified aggregate data including, but
3 not limited to all of the following:
4 (i) Total number of juveniles placed in solitary confinement that quarter.
5 (ii) Race and ethnicity, age, and gender of juveniles placed in solitary
6 confinement.
7 (iii) Disability status of juveniles placed in solitary confinement.
8 (iv) Number of instances of solitary confinement exceeding eight hours.
9 (v) Number of instances, if any, of self-harm while in solitary confinement.
10 (vi) Number of instances, if any, of suicide attempts while in solitary
11 confinement.
12 (vii) Number of instances, if any, of completed suicides while in solitary
13 confinement.
14 (e) Data shall be disaggregated by facility.
15 (15) All agency staff shall be trained on the appropriate use of solitary
16 confinement during their initial training to work at the office of juvenile justice, and
17 subsequently at regular intervals. Staff shall be required to demonstrate proficiency
18 with decisions regarding when and how to use solitary confinement before
19 completing their initial training to work in office of juvenile justice facilities and
20 ongoing during their employment.
21 (16) Every juvenile placed in the custody of the office of juvenile justice
22 shall receive an explanation on the solitary confinement policy by staff promptly
23 upon arrival to a facility, and information on this policy shall be communicated to
24 the juvenile's parents or guardians through the most direct means possible, with in-
25 person communication being most preferable.
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HB NO. 746
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 746 Engrossed 2022 Regular Session Duplessis
Abstract: Provides relative to solitary confinement of juveniles.
Present law provides for the rules, regulations, education, training, discipline, work
opportunities, vocational training, and contracts in juvenile institutions.
Proposed law retains present law.
Proposed law provides that no juvenile in the custody of the office of juvenile justice shall
be placed in any form of solitary confinement for any reason other than a temporary
response to behavior that poses a serious and immediate threat of physical harm to the
juvenile or others.
Proposed law defines "solitary confinement" for purposes of R.S. 15:905(F).
Proposed law provides that a juvenile shall never be placed in solitary confinement for the
purposes of discipline, punishment, administrative convenience, retaliation, protective
custody, suicide intervention, general behavior management, rule violations, in response to
staffing shortages, or for any other reason that is not an emergency response to behavior that
poses a serious and immediate threat of physical harm to the juvenile or others.
Proposed law provides that under no circumstances shall a juvenile who has expressed
suicidal ideations or attempted suicide be placed in solitary confinement.
Proposed law provides that a juvenile may only be held in solitary confinement in either of
the following circumstances:
(1)Progressive protocols, beginning with verbal calming and other de-escalation
techniques attempted by facility staff, have proven unsuccessful at resolving the
imminent threat of physical harm.
(2)There is a need to eliminate the serious and immediate risk of physical harm to the
juvenile or others.
Proposed law provides that all protocols and techniques provided in proposed law shall be
documented, along with an explanation of why solitary confinement was ultimately deemed
necessary.
Proposed law provides that a juvenile placed in solitary confinement pursuant to proposed
law shall be released from solitary confinement as soon as the serious and immediate risk
of physical harm to self or others is resolved.
Proposed law provides that a juvenile shall only be held in solitary confinement for a period
that does not compromise or harm his mental or physical health.
Proposed law provides that under no circumstances shall any period of solitary confinement
last longer than eight hours. Provides that after eight hours, the juvenile shall be returned
to the general population.
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HB NO. 746
Proposed law provides that if a juvenile is still in crisis after being returned to the general
population, the juvenile may be transported to a mental health facility upon the
recommendation of a mental health professional, or the facility staff shall implement a
mental health crisis plan that allows for the juvenile to return to the general population
safely.
Proposed law provides that under no circumstances shall this plan allow for the juvenile to
remain in solitary confinement longer than eight hours.
Proposed law provides that the use of consecutive periods of room confinement to avoid the
intent and purpose of proposed law is prohibited.
Proposed law provides that all instances of solitary confinement must be approved
immediately by the facility director or deputy director, and only after consultation with a
qualified mental health practitioner who has spoken with the juvenile. Provides that
approval must be re-affirmed every hour thereafter.
Proposed law provides that the facility director or deputy director shall immediately notify
the deputy secretary and their senior administrative team any time a juvenile is placed in
solitary confinement.
Proposed law provides that within two hours of placing a juvenile in solitary confinement,
the facility shall contact the juvenile's parent or guardian and the juvenile's attorney of record
to provide notice that the juvenile was placed in solitary confinement and the reason for the
confinement.
Proposed law provides that juveniles in solitary confinement shall be continuously
monitored. Provides that facility staff shall engage in continued crisis intervention and
de-escalation techniques and make visual and verbal contact with each youth in solitary
confinement at least every 10 minutes.
Proposed law provides that the intent and purpose of crisis intervention is to help de-escalate
the juvenile's behavior so he can rejoin the general population as soon as possible. Provides
that staff shall document the time and nature of the observation and interventions.
Proposed law provides that within the first hour of solitary confinement and every hour
thereafter, a qualified mental health practitioner will speak to the juvenile to help the
juvenile de-escalate and exit solitary confinement as soon as possible.
Proposed law provides that staff shall return the juvenile to programming as soon as the
juvenile has regained self control and is no longer engaging in behavior that threatens serious
and immediate harm to himself or others. Provides that staff can return the juvenile to a
separate area other than a cell or other isolated space, if necessary, where staff can help the
juvenile self-regulate and become ready to return to the general population.
Proposed law provides that all rooms used for solitary confinement shall have adequate and
operating lighting, heating and cooling, and ventilation for the comfort of the juvenile.
Provides that rooms shall be clean and resistant to suicide and self-harm.
Proposed law provides that juveniles in solitary confinement shall have access to sunlight,
drinking water, toilet facilities, working showers, hygiene supplies, mattresses, reading
materials, meals, contact with parents or legal guardians, legal assistance, educational
programming, and appropriate medical and mental health services, which shall be provided
by mental health staff as needed.
Proposed law provides that every instance of solitary confinement shall be documented
electronically and in the aggregate. Provides that unidentified data on the frequency and
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length of time that the juvenile spends in solitary confinement shall be available upon
request as a public record.
Proposed law provides that documentation of the solitary confinement shall include all of
the following:
(1)The date of the occurrence.
(2)The race, ethnicity, age, gender, and disability status of the juvenile.
(3)The reason for the juvenile's placement in solitary confinement.
(4)An explanation of why less restrictive means for placement were unsuccessful.
(5)The ultimate duration of the juvenile's placement in solitary confinement.
(6)Facility staffing levels at the time of the juvenile's confinement.
(7)Any incidents of self-harm, suicide attempts, or suicide committed by the juvenile
while he was confined and where the juvenile was placed after leaving solitary
confinement.
Proposed law provides that the office of juvenile justice shall submit a report on the use of
solitary confinement quarterly to the Juvenile Justice Reform Act Commission. Provides
that the report shall include the following:
(1)The length of time each juvenile was in solitary confinement.
(2)The race, ethnicity, age, gender, and disability status of each juvenile placed in
solitary confinement.
(3)The facility staffing levels at the time of the juvenile's confinement.
(4)The reason each juvenile was placed in confinement, and where the juvenile was
placed after leaving solitary confinement.
Proposed law provides that all of the following shall be included in the report:
(1)Each instance of solitary confinement exceeding eight hours, including all reasons
why attempts to return the juvenile to the general population of the facility were
unsuccessful.
(2)All corrective measures taken in response to noncompliance with proposed law.
(3)Redacted personal identifying information that provides individual, not aggregate,
data.
Proposed law provides that the initial quarterly report shall be submitted within two weeks
after the quarter ending on Sep. 30, 2022. Provides that subsequent reports shall be
submitted for the ensuing quarters within two weeks after the end of each quarter.
Proposed law provides that the office of juvenile justice shall post a report on the use of
solitary confinement on its website quarterly with deidentified aggregate data including, but
not limited to all of the following:
(1)Total number of juveniles placed in solitary confinement that quarter.
(2)Race and ethnicity, age, and gender of juveniles placed in solitary confinement.
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(3)Disability status of juveniles placed in solitary confinement.
(4)Number of instances of solitary confinement exceeding eight hours.
(5)Number of instances, if any, of self-harm while in solitary confinement.
(6)Number of instances, if any, of suicide attempts while in solitary confinement.
(7)Number of instances, if any, of completed suicides while in solitary confinement.
Proposed law provides that data shall be disaggregated by facility.
Proposed law provides that all agency staff shall be trained on the appropriate use of solitary
confinement during their initial training to work at the office of juvenile justice, and
subsequently at regular intervals. Provides that staff shall be required to demonstrate
proficiency with decisions regarding when and how to use solitary confinement before
completing their initial training to work in office of juvenile justice facilities and ongoing
during their employment.
Proposed law provides that every juvenile placed in the custody of the office of juvenile
justice shall receive an explanation on the solitary confinement policy by staff promptly
upon arrival to a facility, and information on this policy shall be communicated to the
juvenile's parents or guardians through the most direct means possible, with in-person
communication being most preferable.
(Adds R.S. 15:905(F))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Make technical changes.
2. Change the maximum number of hours a juvenile can remain in solitary
confinement from four to eight.
3. Delete language that refers to purposes and reasons for detention, detention
standards, licensing, and fees for local juvenile detention facilities.
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