Senate Bill sb0536

    Florida Senate - 2005                                   SB 536

    By Senator Siplin





    19-560-05

  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         985.228, F.S.; prohibiting the use of

  5         instruments of restraint on a child during an

  6         adjudicatory hearing or elsewhere in a

  7         courthouse; providing specified exceptions;

  8         amending s. 985.311, F.S.; correcting a

  9         cross-reference; providing an effective date.

10  

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

12  

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

14  (7) of section 985.228, Florida Statutes, are redesignated as

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

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

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

18         985.228  Adjudicatory hearings; withheld adjudications;

19  orders of adjudication.--

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

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

22  during an adjudicatory hearing or elsewhere in a courthouse

23  and must be removed when the child appears before the court

24  unless the child:

25         (a)  Is likely to attempt to escape during a transfer

26  or a hearing;

27         (b)  Is charged with a capital offense; or

28         (c)  Has a history of disruptive behavior and there is

29  a likelihood that the child will cause bodily harm to himself,

30  herself, or others.

31  

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






    Florida Senate - 2005                                   SB 536
    19-560-05




 1         (6)(5)  If the court finds that the child named in a

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

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

 4  incorporate that finding in an order of adjudication of

 5  delinquency entered in the case, briefly stating the facts

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

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

 8  as adjudicated.

 9         Section 2.  Paragraph (e) of subsection (3) of section

10  985.311, Florida Statutes, is amended to read:

11         985.311  Intensive residential treatment program for

12  offenders less than 13 years of age.--

13         (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

14  TREATMENT.--

15         (e)  After a child has been adjudicated delinquent

16  under s. 985.228(6) pursuant to s. 985.228(5), the court shall

17  determine whether the child is eligible for an intensive

18  residential treatment program for offenders less than 13 years

19  of age under pursuant to s. 985.03(7).  If the court

20  determines that the child does not meet the criteria, the

21  provisions of s. 985.231(1) shall apply.

22         Section 3.  This act shall take effect July 1, 2005.

23  

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

25                          SENATE SUMMARY

26    Prohibits the use of instruments of restraint on a child
      in an adjudicatory hearing or elsewhere in a courthouse.
27    Provides specified exceptions.

28  

29  

30  

31  

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