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DE HB211

Bill

Status

Passed

9/6/2016

Primary Sponsor

James Johnson

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Origin

House of Representatives

148th General Assembly

AI Summary

  • Creates a new statute (§1007B) prohibiting the use of restraints on children during court proceedings unless the court finds both necessity and lack of less restrictive alternatives.

  • Establishes three conditions where restraint use may be justified: the child is uncontrollable and poses serious danger to self or others, safety risks exist from gang associates or other individuals, or the child has a documented history of non-compliance and escape attempts.

  • Requires courts to consider less restrictive alternatives including presence of court personnel, law enforcement officers, or bailiffs before ordering restraints.

  • Mandates the child or child's attorney be given an opportunity to be heard in any hearing determining whether restraints are necessary, and requires written findings of fact if restraints are ordered.

  • Allows only limited hand movement if restraints are used, permitting the child to read and handle documents necessary for the hearing; becomes effective 180 days after notice of appropriation is published.

Legislative Description

An Act To Amend Title 10 Of The Delaware Code Relating To Juvenile Delinquency Proceedings And The Use Of Restraints On A Child.

Last Action

Signed by Governor

9/6/2016

Committee Referrals

Judiciary6/22/2016
Appropriations3/17/2016
Judiciary6/24/2015

Full Bill Text

No bill text available