HB474 By Representatives Coleman-Evans and Alexander RFD Judiciary Rd 1 09-APR-15

SYNOPSIS: This bill would prohibit the use of restraints such as handcuffs, chains, irons, or straitjackets on a juvenile during a court proceeding unless the restraints are necessary to prevent the juvenile from physically harming himself or herself or another person, are necessary to prevent disruptive behavior, or the juvenile poses a substantial flight risk. This bill would also specify the procedure for determining if one of these factors is present.

This bill would also require the court to have a hearing and make findings of fact before ordering the use of restraints.

A BILL TO BE ENTITLED AN ACT

To provide guidelines for the use of restraints by corrections staff on a juvenile during a court proceeding.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) For purposes of this section, juvenile means a child younger than 18 years of age.

(b) There is a presumption that no instruments of restraint, such as handcuffs, chains, irons, or straitjackets may by used on a juvenile during a court proceeding. Restraints shall be removed prior to the appearance of the juvenile before the court unless the court first finds that:

(1) The use of restraints is necessary due to one of the following factors:

a. The juvenile poses a threat of serious harm to himself or herself or others.

b. The juvenile has a demonstrable recent record of disruptive courtroom behavior that has placed others in potentially harmful situations.

c. The juvenile has been charged with a Class A or Class B felony.

d. There is reason to believe the juvenile is a flight risk from or a security threat to the courtroom.

(2) There are no less restrictive alternatives to restraints that will prevent flight or physical harm to the juvenile or another person, including, but not limited to, the presence of court personnel, law enforcement officers, or bailiffs.

(c) Absent a contempt during a proceeding, the court shall provide the juvenile's attorney an opportunity to be heard before the court orders the use of restraints. If restraints are ordered, the court shall make findings of fact in support of the order.

(d) The judge, at any time, may reconsider his or her ruling upon obtaining new information regarding the factors enumerated in subsection (b).

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Courts

Juveniles

Law Enforcement

Correctional Officers

Children