Senate Bill sb0372

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                                   SB 372

    By Senator Wilson





    33-346-07

  1                      A bill to be entitled

  2         An act relating to the use of restraints on a

  3         child during juvenile proceedings; amending s.

  4         985.35, F.S., and creating s. 985.602, F.S.;

  5         prohibiting the use of instruments of restraint

  6         on a child during court proceedings or

  7         elsewhere in a courthouse; providing specified

  8         exceptions; requiring the Department of

  9         Juvenile Justice to comply with the Protective

10         Action Response policy whenever mechanical

11         restraints are used; amending s. 985.483, F.S.;

12         conforming a cross-reference; providing an

13         effective date.

14  

15  Be It Enacted by the Legislature of the State of Florida:

16  

17         Section 1.  Present subsections (3), (4), (5), (6), and

18  (7) of section 985.35, Florida Statutes, are redesignated as

19  subsections (4), (5), (6), (7), and (8), respectively, a new

20  subsection (3) is added to that section, and present

21  subsection (5) of that section is amended, to read:

22         985.35  Adjudicatory hearings; withheld adjudications;

23  orders of adjudication.--

24         (3)  Instruments of restraint, such as handcuffs,

25  chains, irons, or straitjackets, may not be used on a child

26  during an adjudicatory or other court hearing or elsewhere in

27  a courthouse and must be removed when the child appears before

28  the court, unless the court finds that:

29         (a)  Restraints are necessary to prevent physical harm

30  to the child or another person;

31  

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    Florida Senate - 2007                                   SB 372
    33-346-07




 1         (b)  A less restrictive alternative is not available

 2  which would prevent physical harm, including, but not limited

 3  to, the presence of personnel of the department, a law

 4  enforcement officer, or a bailiff; or

 5         (c)  The child has a history of disruptive behavior in

 6  the courtroom which places others in potentially harmful

 7  situations or presents a substantial risk of inflicting bodily

 8  harm on others as evidenced by recent behavior.

 9  

10  The department must comply with the Protective Action Response

11  policy adopted under s. 985.645(2) whenever mechanical

12  restraints are used.

13         (6)(5)  If the court finds that the child named in a

14  petition has committed a delinquent act or violation of law,

15  but elects not to proceed under subsection (5) (4), it shall

16  incorporate that finding in an order of adjudication of

17  delinquency entered in the case, briefly stating the facts

18  upon which the finding is made, and the court shall thereafter

19  have full authority under this chapter to deal with the child

20  as adjudicated.

21         Section 2.  Subsection (2) of section 985.483, Florida

22  Statutes, is amended to read:

23         985.483  Intensive residential treatment program for

24  offenders less than 13 years of age.--

25         (2)  DETERMINATION.--After a child has been adjudicated

26  delinquent under s. 985.35(6) s. 985.35(5), the court shall

27  determine whether the child is eligible for an intensive

28  residential treatment program for offenders less than 13 years

29  of age under subsection (1). If the court determines that the

30  child does not meet the criteria, ss. 985.435, 985.437,

31  985.439, 985.441, 985.445, 985.45, and 985.455 shall apply.

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    Florida Senate - 2007                                   SB 372
    33-346-07




 1         Section 3.  Section 985.602, Florida Statutes, is

 2  created to read:

 3         985.602  Use of restraints during court proceedings

 4  prohibited; exceptions--.

 5         (1)  Instruments of restraint, such as handcuffs,

 6  chains, irons, or straitjackets, may not be used on a child

 7  during any court proceeding and must be removed when the child

 8  appears before the court unless the court finds that:

 9         (a)  Restraints are necessary to prevent physical harm

10  to the child or another person;

11         (b)  A less restrictive alternative is not available

12  which would prevent physical harm, including, but not limited

13  to, the presence of personnel of the department, a law

14  enforcement officer, or a bailiff; or

15         (c)  The child has a history of disruptive behavior in

16  the courtroom which places others in potentially harmful

17  situations or presents a substantial risk of inflicting bodily

18  harm on others as evidenced by recent behavior.

19         (2)  The department must comply with the Protective

20  Action Response policy adopted under s. 985.645(2) whenever

21  mechanical restraints are used.

22         Section 4.  This act shall take effect July 1, 2007.

23  

24            *****************************************

25                          SENATE SUMMARY

26    Prohibits the use of instruments of restraint on a child
      during court proceedings or elsewhere in a courthouse.
27    Provides specified exceptions. Requires the Department of
      Juvenile Justice to comply with the Protective Action
28    Response policy whenever mechanical restraints are used.

29  

30  

31  

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CODING: Words stricken are deletions; words underlined are additions.