The law also provides that youth may be held for up to four hours in room confinement.365 After
that, staff shall do one or more of the following:
( 1) Return the minor or ward to general population.
( 2) Consult with mental health or medical staff.
( 3) Develop an individualized plan that includes the goals and objectives to be met
in order to reintegrate the minor or ward to general population.366
If room confinement must be extended beyond four hours, staff must do the following:
( 1) Document the reason for room confinement and the basis for the extension, the
date and time the minor or ward was first placed in room confinement, and when
he or she is eventually released from room confinement.
( 2) Develop an individualized plan that includes the goals and objectives to be met
in order to reintegrate the minor or ward to general population.
( 3) Obtain documented authorization by the facility superintendent or his or her
designee every four hours thereafter.367
Section 208.3(e) clarifies that the law is “not intended to limit the use of single-person
rooms or cells for the housing of youth in juvenile facilities, and does not apply to normal sleeping
hours.”368 It does not apply to minors or wards in court holding facilities or adult facilities.369 The
law does not apply “during an extraordinary, emergency circumstance that requires a significant
departure from normal institutional operations, including a natural disaster or facility-wide threat
that poses an imminent and substantial risk of harm to multiple staff, minors, or wards” for a period
that is “the shortest amount of time needed to address the imminent and substantial risk of
harm.”370 Finally, the law does not apply when the youth is placed in a locked cell or sleeping
room in connection with treatment or protection against spread of a communicable disease, or to
youth placed in a locked cell or sleeping room for required extended care after medical treatment
with the written approval of a licensed physician or nurse practitioner.371 The law took effect on
January 1, 2018.372
VI. THE ROAD AHEAD
Implementation of the new law is moving forward in California. As part of the Board of
State and Community Corrections 2017 regulations revision process, a working group met to
develop implementing regulations for submission to the administrative law process.373 The final
365 Id. § 208.3 (c).
367 CAL. WELF. & INST. CODE § 208.3 (d).
368 Id. § 208.3 (e).
369 Id. § 208.3 (f).
370 Id. § 208.3 (h).
371 Id. § 208.3 ( i).
372 Id. § 208.3 (j).
373 See Cal. of State and Cnty. Corrections, Board Meeting Agenda: February 8, 2018 Meeting (2018),