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HB16-1331: Policies On Juvenile Shackling In Court

Criminal Justice | Student and Youth Rights
Bill Number: HB16-1331
Year: 2016
ACLU Position: Support
Sponsors: S. Lontine / M. Merrifield

Description:

The bill requires restraints on a juvenile to be removed prior to any
court proceeding, except when the court determines the restraints are
necessary:
• To prevent physical harm to the juvenile or another person;
• To prevent disruptive courtroom behavior by the juvenile,
evidenced by a history of behavior that created potentially
harmful situations or presented substantial risk of physical
harm; or
• To prevent the juvenile, from fleeing the courtroom, when
evidenced by an escape history or other relevant factors.
The prosecution, sheriff, or any other detention or pretrial
personnel may request that an individual juvenile be restrained in the
courtroom. The court shall provide the juvenile’s attorney an opportunity
to be heard before the court allows the use of restraints on a juvenile. The
court may conduct a hearing on the use of restraints without the juvenile
being present.


Current Status:

Senate Committee on Judiciary Postpone Indefinitely (04/18/2016)



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