Loading chat...

AL HB485

Bill

Status

Introduced

4/5/2016

Primary Sponsor

Merika Coleman-Evans

Click for details

Origin

House of Representatives

Regular Session 2016

AI Summary

  • Establishes a presumption that restraints such as handcuffs, chains, irons, or straitjackets cannot be used on juveniles (children under 18) during court proceedings.

  • Permits restraints only if the court finds one of the following factors present: the juvenile poses a threat of serious harm to himself/herself or others, has a demonstrable recent record of disruptive courtroom behavior, has been charged with a Class A or Class B felony, or is a flight risk or security threat.

  • Requires the court to determine that no less restrictive alternatives (such as presence of court personnel, law enforcement officers, or bailiffs) will prevent flight or physical harm before ordering restraints.

  • Mandates the court provide the juvenile's attorney an opportunity to be heard before ordering restraints, except in contempt situations, and requires the court to make written findings of fact supporting any restraint order.

  • Allows judges to reconsider restraint orders at any time upon obtaining new information regarding the required factors; effective the first day of the third month following passage and gubernatorial approval.

Legislative Description

Juveniles, court proceedings, restraints prohibited unless certain conditions met

Courts

Last Action

Read for the first time and referred to the House of Representatives committee on Judiciary

4/5/2016

Committee Referrals

Judiciary4/5/2016

Full Bill Text

No bill text available