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.
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 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.
(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.