In the wake of a scathing report by the Los Angeles Inspector General regarding the rampant misuse of pepper spray against incarcerated children, the Prison Law Office joined dozens of juvenile justice and civil rights organizations to urge the Los Angeles County Board of Supervisors to phase out the use of pepper spray in all juvenile facilities.  The measure passed unanimously on February 19, 2019. 

California is one of only 14 states that permit the use of chemical agents in juvenile facilities, and one of only five states that allow juvenile detention and correctional staff to carry chemical spray canisters on their person.  In recent years many California counties, including Sacramento, Santa Clara, Santa Cruz, Marin, and San Francisco Counties, have prohibited staff from carrying or using OC spray in their juvenile facilities.

As the Prison Law Office noted in its letter of support to the Board of Supervisors, “Los Angeles County is out of step with the statewide trend of many counties prohibiting the use of pepper spray and other chemical agents on youth, and indeed, with the overwhelming majority of states that ban the use of chemical agents on detained children.  More than fifteen years ago, the U.S. Department of Justice determined the use of chemical agents by Probation likely violated the constitutional rights of incarcerated children, and entered into a subsequent agreement to limit the use of such agents.  Unfortunately, as detailed by the OIG Report, since the County exited the settlement with DOJ, the use of pepper spray has again skyrocketed, and is used in wholly inappropriate situations.”

The juvenile justice system is built upon a goal of rehabilitation, and the use of chemical agents such as pepper spray on children does nothing to support this goal.  Los Angeles was out of step with many other California counties, and most of the United States, in allowing its continued use.