California 2021-2022 Regular Session Status: In Committee 6 D cosponsors

AB 1165 — Juvenile facilities: storage and use of chemical agents.

Last action — Died on inactive file.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law provides for the housing of juvenile wards of the court in juvenile facilities, including juvenile halls and forestry camps. Existing law requires the Board of State and Community Corrections to adopt minimum standards for the operation and maintenance of juvenile halls for the confinement of minors. Existing law requires the judge of the juvenile court of the county to annually inspect any jail or juvenile hall that was used for the confinement of any minor and to notify the operator of the jail or juvenile hall of any observed noncompliance with the minimum standards of the juvenile facility adopted by the board. This bill would prohibit the use or storage of a chemical agent, as defined, with the exception of oleoresin capsicum (OC) spray, inside, or on the grounds of, a juvenile facility. The bill would prohibit, commencing July 1, 2024, the use of a chemical agent against a juvenile who is under 18 years of age or in any space where a juvenile who is under 18 years of age is present. The bill would require an entity that manages, operates, or owns a juvenile facility to dispose of all chemical agents, with the exception of OC spray, in its possession on or before December 31, 2023, and to notify the board of that disposition. The bill would require the custodian of each juvenile facility to report quarterly to the board on the use of a chemical agent in the facility, as provided. The bill would require the Legislative Analyst's Office to submit to the Legislature a report on model practices and protocols for alternatives to the use of chemical agents in juvenile facilities, as specified. The bill would require the board to develop training, model practices, and regulations to implement the findings and recommendations of the report, as specified. By imposing new duties on local juvenile facilities, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

Action History

  1. Died on inactive file.

  2. Ordered to inactive file at the request of Assembly Member Gipson.

  3. Read second time. Ordered to third reading.

  4. Read second time and amended. Ordered returned to second reading.

  5. From committee: Amend, and do pass as amended. (Ayes 12. Noes 3.) (January 20).

  6. In committee: Hearing postponed by committee.

  7. In committee: Set, first hearing. Referred to APPR. suspense file.

  8. Re-referred to Com. on APPR.

  9. From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

  10. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (April 27). Re-referred to Com. on APPR.

  11. In committee: Set, first hearing. Hearing canceled at the request of author.

  12. Referred to Com. on PUB. S.

  13. From printer. May be heard in committee March 21.

  14. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 9 co-sponsors · 112 not signed on · 4 voted No

Sponsors (1)

Co-sponsors (9)

Not signed on (112)

112 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do pass as amended.

Passed 12 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7200
Democratic 5000
Republican 0101
Total 12301
% of votes cast 75%19%0%6%
How each member voted (16)
Member Party Vote
Levine — Yea
Quirk — Yea
Mullin — Yea
Holden — Yea
McCarty — Yea
Bigelow — Nay
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Nay
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Nay

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 1165 do?
Existing law provides for the housing of juvenile wards of the court in juvenile facilities, including juvenile halls and forestry camps. Existing law requires the Board of State and Community Corrections to adopt minimum standards for the operation and maintenance of juvenile halls for the confinement of minors. Existing law requires the judge of the juvenile court of the county to annually inspect any jail or juvenile hall that was used for the confinement of any minor and to notify the operator of the jail or juvenile hall of any observed noncompliance with the minimum standards of the juvenile facility adopted by the board. This bill would prohibit the use or storage of a chemical agent, as defined, with the exception of oleoresin capsicum (OC) spray, inside, or on the grounds of, a juvenile facility. The bill would prohibit, commencing July 1, 2024, the use of a chemical agent against a juvenile who is under 18 years of age or in any space where a juvenile who is under 18 years of age is present. The bill would require an entity that manages, operates, or owns a juvenile facility to dispose of all chemical agents, with the exception of OC spray, in its possession on or before December 31, 2023, and to notify the board of that disposition. The bill would require the custodian of each juvenile facility to report quarterly to the board on the use of a chemical agent in the facility, as provided. The bill would require the Legislative Analyst's Office to submit to the Legislature a report on model practices and protocols for alternatives to the use of chemical agents in juvenile facilities, as specified. The bill would require the board to develop training, model practices, and regulations to implement the findings and recommendations of the report, as specified. By imposing new duties on local juvenile facilities, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Who sponsors AB 1165?
AB 1165 is sponsored by Chau, Holden, Lee, Alex (Democratic), Ting, Gipson, Mike A. (Democratic), Bonta, Mia (Democratic), Rivas, Robert (Democratic), Garcia, Robert (Democratic), Carrillo, Juan (Democratic), and Mark Stone.
What is the current status of AB 1165?
This bill died with 2021-2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1165?
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