Colorado Rights Blog

HB16-1328: Use Of Restraint And Seclusion On Individuals (Youth Solitary)

Criminal Legal Reform | Stop Solitary
Bill Number: HB16-1328
Year: 2016
ACLU Position: Active Support
Sponsors: P. Lee / E. McCann

HB 1328 is a bill to permanently protect children from solitary confinement in Colorado’s juvenile youth corrections facilities.

Read the ACLU of Colorado Fact Sheet on HB 1328

Since 1999, Colorado law has prohibited the seclusion of children as punishment. Children may only be secluded during an ongoing emergency, when a child is in immediate danger of harming self or others.

In June 2014, the Colorado Department of Youth Corrections was found to have repeatedly violated the law. An investigation by the ACLU, CJDC and Colorado Disability Law revealed DYC had illegally placed children in isolation for days, weeks, even more than a month as punishment when there was no emergency, as a form of “treatment.” DYC’s own policies condoned this illegal and misguided practice. Because of the investigation, DYC recommitted to following the law by ending its use of solitary confinement except in emergencies, and adopted a new policy to that effect.

In October 2015, DYC was again found to have repeatedly violated the law. After an in-depth investigation, the Colorado Springs Gazette reported 299 instances of youth isolation that occurred after DYC changed its policies. Some children had been held in solitary confinement for days, even when there was no emergency, in violation of the law and DYC’s own recent policy change.

Locking children in isolation is psychologically shattering and can cause permanent harm.  Experts agree that at-risk youth, particularly those with a mental or developmental disability, are particularly susceptible to the negative mental health effects of isolation. Nearly 60% of the children committed to DYC’s care have mental illness. Further, the majority of suicides in juvenile correctional facilities occur during isolation.

HB 1328 codifies current DYC policy limiting the use of seclusion and establishing procedures to be followed when a child is secluded for more than four hours. These procedures ensure that seclusion is justified by an emergency, and that the child is not having a mental health crisis requiring treatment rather than isolation.  It establishes transparency and oversight to ensure DYC follows the law. DYC has a history of violating state law limiting the use of seclusion on children, and DYC is not subject to most open records laws. Had HB 1328’s transparency and oversight provisions been in place over the last few years, DYC’s illegal use of seclusion would have been caught sooner and fewer children would have been harmed.


Current Status:

Introduced in the House - Assigned to Judiciary
Governor signed (06/10/2016)

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