Policies On Juvenile Shackling In Court

The bill requires restraints on a juvenile to be removed prior to any court proceeding, except when the court determines the restraints are necessary:

• To prevent physical harm to the juvenile or another person;
• To prevent disruptive courtroom behavior by the juvenile, evidenced by a history of behavior that created potentially harmful situations or presented substantial risk of physical harm; or
• To prevent the juvenile from fleeing the courtroom, when evidenced by an escape history or other relevant factors.

The prosecution, sheriff, or any other detention or pretrial personnel may request that an individual juvenile be restrained in the courtroom. The court shall provide the juvenile's attorney an opportunity to be heard before the court allows the use of restraints on a juvenile. The court may conduct a hearing on the use of restraints without the juvenile being present.

The bill requires restraints to be used if the juvenile is being held for a class 1 felony, class 2 felony, or escape or attempted escape, unless the court determines on the record that restraints are unnecessary.

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)