Florida Senate - 2009                                     SB 108
       
       
       
       By Senator Wilson
       
       
       
       
       33-00053-09                                            2009108__
    1                        A bill to be entitled                      
    2         An act relating to the use of restraints on a child
    3         during juvenile proceedings; amending s. 985.35, F.S.,
    4         and creating s. 985.602, F.S.; prohibiting the use of
    5         instruments of restraint on a child during court
    6         proceedings or elsewhere in a courthouse; providing
    7         specified exceptions; requiring the Department of
    8         Juvenile Justice to comply with the Protective Action
    9         Response policy whenever mechanical restraints are
   10         used; amending s. 985.483, F.S.; conforming a cross
   11         reference; providing an effective date.
   12         
   13  Be It Enacted by the Legislature of the State of Florida:
   14         
   15         Section 1. Present subsections (3), (4), (5), (6), and (7)
   16  of section 985.35, Florida Statutes, are renumbered as
   17  subsections (4), (5), (6), (7), and (8), respectively, a new
   18  subsection (3) is added to that section, and present subsection
   19  (5) of that section is amended, to read:
   20         985.35 Adjudicatory hearings; withheld adjudications;
   21  orders of adjudication.—
   22         (3) Instruments of restraint, such as handcuffs, chains,
   23  irons, or straitjackets, may not be used on a child during an
   24  adjudicatory or other court hearing or elsewhere in a courthouse
   25  and must be removed when the child appears before the court
   26  unless the court finds that:
   27         (a) Restraints are necessary to prevent physical harm to
   28  the child or another person;
   29         (b) A less restrictive alternative is not available which
   30  would prevent physical harm, including, but not limited to, the
   31  presence of personnel of the department, a law enforcement
   32  officer, or a bailiff; or
   33         (c) The child has a history of disruptive behavior in the
   34  courtroom which places others in potentially harmful situations
   35  or presents a substantial risk of inflicting bodily harm on
   36  others as evidenced by recent behavior.
   37  The department must comply with the Protective Action Response
   38  policy adopted under s. 985.645(2) whenever mechanical
   39  restraints are used.
   40         (6)(5) If the court finds that the child named in a
   41  petition has committed a delinquent act or violation of law, but
   42  elects not to proceed under subsection (5) (4), it shall
   43  incorporate that finding in an order of adjudication of
   44  delinquency entered in the case, briefly stating the facts upon
   45  which the finding is made, and the court shall thereafter have
   46  full authority under this chapter to deal with the child as
   47  adjudicated.
   48         Section 2. Subsection (2) of section 985.483, Florida
   49  Statutes, is amended to read:
   50         985.483 Intensive residential treatment program for
   51  offenders less than 13 years of age.—
   52         (2) DETERMINATION.—After a child has been adjudicated
   53  delinquent under s. 985.35(6) s. 985.35(5), the court shall
   54  determine whether the child is eligible for an intensive
   55  residential treatment program for offenders less than 13 years
   56  of age under subsection (1). If the court determines that the
   57  child does not meet the criteria, ss. 985.435, 985.437, 985.439,
   58  985.441, 985.445, 985.45, and 985.455 shall apply.
   59         Section 3. Section 985.602, Florida Statutes, is created to
   60  read:
   61         985.602 Use of restraints during court proceedings
   62  prohibited; exceptions.—
   63         (1) Instruments of restraint, such as handcuffs, chains,
   64  irons, or straitjackets, may not be used on a child during any
   65  court proceeding and must be removed when the child appears
   66  before the court unless the court finds that:
   67         (a) Restraints are necessary to prevent physical harm to
   68  the child or another person;
   69         (b) A less restrictive alternative is not available which
   70  would prevent physical harm, including, but not limited to, the
   71  presence of personnel of the department, a law enforcement
   72  officer, or a bailiff; or
   73         (c) The child has a history of disruptive behavior in the
   74  courtroom which places others in potentially harmful situations
   75  or presents a substantial risk of inflicting bodily harm on
   76  others as evidenced by recent behavior.
   77         (2) The department must comply with the Protective Action
   78  Response policy adopted under s. 985.645(2) whenever mechanical
   79  restraints are used.
   80         Section 4. This act shall take effect July 1, 2009.