| 1 | A bill to be entitled |
| 2 | An act relating to restraint of juveniles; amending s. |
| 3 | 985.35, F.S.; prohibiting use of certain restraints on |
| 4 | children in adjudicatory hearings; providing exceptions; |
| 5 | amending s. 985.483, F.S.; conforming a cross-reference; |
| 6 | creating s. 985.602, F.S.; prohibiting use of certain |
| 7 | restraints on children in court proceedings; providing |
| 8 | exceptions; providing an effective date. |
| 9 |
|
| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
|
| 12 | Section 1. Subsections (3), (4), (6), and (7) of section |
| 13 | 985.35, Florida Statutes, are renumbered as subsections (4), |
| 14 | (5), (7), and (8), respectively, present subsection (5) is |
| 15 | renumbered as subsection (6) and amended, and a new subsection |
| 16 | (3) is added to that section, to read: |
| 17 | 985.35 Adjudicatory hearings; withheld adjudications; |
| 18 | orders of adjudication.-- |
| 19 | (3)(a) Instruments of restraint, such as handcuffs, |
| 20 | chains, irons, or straitjackets, may not be used on a child |
| 21 | during court proceedings and must be removed prior to the |
| 22 | child's appearance before the court unless the court finds that: |
| 23 | 1. Instruments of restraint are necessary to prevent |
| 24 | physical harm to the child or another person. |
| 25 | 2. There are no less restrictive alternatives to prevent |
| 26 | physical harm to the child or another person, including, but not |
| 27 | limited to, the presence of department personnel, law |
| 28 | enforcement officers, or bailiffs. |
| 29 | 3. The child has a history of disruptive courtroom |
| 30 | behavior that has placed others in potentially harmful |
| 31 | situations or presents a substantial risk of inflicting physical |
| 32 | harm on himself or herself or others as evidenced by recent |
| 33 | behavior. |
| 34 | (b) In using instruments of restraint, the department |
| 35 | shall comply with its Protective Action Response policy adopted |
| 36 | under s. 985.645(2)(a). |
| 37 | (6)(5) If the court finds that the child named in a |
| 38 | petition has committed a delinquent act or violation of law, but |
| 39 | elects not to proceed under subsection (5) (4), it shall |
| 40 | incorporate that finding in an order of adjudication of |
| 41 | delinquency entered in the case, briefly stating the facts upon |
| 42 | which the finding is made, and the court shall thereafter have |
| 43 | full authority under this chapter to deal with the child as |
| 44 | adjudicated. |
| 45 | Section 2. Subsection (2) of section 985.483, Florida |
| 46 | Statutes, is amended to read: |
| 47 | 985.483 Intensive residential treatment program for |
| 48 | offenders less than 13 years of age.-- |
| 49 | (2) DETERMINATION.--After a child has been adjudicated |
| 50 | delinquent under s. 985.35(6)(5), the court shall determine |
| 51 | whether the child is eligible for an intensive residential |
| 52 | treatment program for offenders less than 13 years of age under |
| 53 | subsection (1). If the court determines that the child does not |
| 54 | meet the criteria, ss. 985.435, 985.437, 985.439, 985.441, |
| 55 | 985.445, 985.45, and 985.455 shall apply. |
| 56 | Section 3. Section 985.602, Florida Statutes, is created |
| 57 | to read: |
| 58 | 985.602 Use of restraints during court proceedings |
| 59 | prohibited; exceptions.-- |
| 60 | (1) Instruments of restraint, such as handcuffs, chains, |
| 61 | irons, or straitjackets, may not be used on a child during court |
| 62 | proceedings and must be removed prior to the child's appearance |
| 63 | before the court unless the court finds that: |
| 64 | (a) Instruments of restraint are necessary to prevent |
| 65 | physical harm to the child or another person. |
| 66 | (b) There are no less restrictive alternatives to prevent |
| 67 | physical harm to the child or another person, including, but not |
| 68 | limited to, the presence of department personnel, law |
| 69 | enforcement officers, or bailiffs. |
| 70 | (c) The child has a history of disruptive courtroom |
| 71 | behavior that has placed others in potentially harmful |
| 72 | situations or presents a substantial risk of inflicting physical |
| 73 | harm on himself or herself or others as evidenced by recent |
| 74 | behavior. |
| 75 | (2) In using instruments of restraint, the department |
| 76 | shall comply with its Protective Action Response policy adopted |
| 77 | under s. 985.645(2)(a). |
| 78 | Section 4. This act shall take effect July 1, 2007. |