| 1 | A bill to be entitled |
| 2 | An act relating to restraint of juveniles; creating s. |
| 3 | 985.2125, F.S.; providing for development and maintenance |
| 4 | of a protective action response policy by the Department |
| 5 | of Juvenile Justice that consists of policies and |
| 6 | procedures on the use of physical force and restraining |
| 7 | devices; providing for certification of instructors; |
| 8 | providing for training in the policy; creating s. |
| 9 | 985.2126, F.S.; providing legislative intent concerning |
| 10 | mechanical restraint of juveniles; providing a definition; |
| 11 | requiring authorization for such restraint; restricting |
| 12 | when mechanical restraint may be used; prohibiting |
| 13 | specified forms of restraint; limiting the period of |
| 14 | restraint; providing requirements during the period of |
| 15 | restraint; providing an effective date. |
| 16 |
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| 17 | Be It Enacted by the Legislature of the State of Florida: |
| 18 |
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| 19 | Section 1. Section 985.2125, Florida Statutes, is created |
| 20 | to read: |
| 21 | 985.2125 Protective action response policy.-- |
| 22 | (1) The department shall develop and maintain a protective |
| 23 | action response policy that includes policies and procedures on |
| 24 | the use of physical force and restraining devices. |
| 25 | (2) The department shall certify trainers to provide |
| 26 | training in the protective action response policy. |
| 27 | (3) Protective action response training shall be |
| 28 | administered by protective action response certified trainers at |
| 29 | department training programs and may also by administered by |
| 30 | certified trainers at any federal, state, or local law |
| 31 | enforcement training facility. |
| 32 | (4) All state and local law enforcement officers may take |
| 33 | protective action response training. It is the intent of the |
| 34 | Legislature that all state and local law enforcement officers be |
| 35 | strongly encouraged to take protective action response training. |
| 36 | Section 2. Section 985.2126, Florida Statutes, is created |
| 37 | to read: |
| 38 | 985.2126 Mechanical restraint of juveniles.-- |
| 39 | (1) It is the intent of the Legislature that mechanical |
| 40 | restraint of juveniles be used as a last-resort behavioral |
| 41 | intervention to prevent self-injury to a youth, injury to |
| 42 | others, or property damage. |
| 43 | (2) As used in this section, the term "mechanical |
| 44 | restraint" means the use of a physical device for the purpose of |
| 45 | restraining a person's limbs, head, or body. |
| 46 | (3)(a) The use of mechanical restraints on juveniles by |
| 47 | law enforcement officers shall be restricted to those occasions |
| 48 | when protective action response as provided in s. 985.2125 has |
| 49 | been used and proven to be insufficient and when it appears |
| 50 | absolutely necessary to prevent escape, serious injury to a |
| 51 | person, or damage to real property or to quell a riot or serious |
| 52 | disturbance. |
| 53 | (b) Mechanical restraint may not be used: |
| 54 | 1. As punishment; |
| 55 | 2. For the convenience of a law enforcement officer; or |
| 56 | 3. To prevent a youth from yelling or making noise. |
| 57 | (4) Prior to any use of a mechanical restraint, |
| 58 | authorization must be given by the supervisor of the law |
| 59 | enforcement officer who will apply the mechanical restraint or, |
| 60 | in the supervisor's absence, the individual in charge of the |
| 61 | officer who will apply the mechanical restraint. |
| 62 | (5) The following forms of mechanical restraint are |
| 63 | prohibited: |
| 64 | (a) Securing a youth to a fixed object. |
| 65 | (b) Binding hands to feet behind the back to prevent any |
| 66 | routine movement. |
| 67 | (c) Use of belly chains to bind hands and feet together in |
| 68 | front of the body, unless done loosely in a way that allows |
| 69 | routine movement such as walking. |
| 70 | (6) A youth may not be restrained for more than 1 hour |
| 71 | unless authorized by a supervisor after a medical or mental |
| 72 | health review. |
| 73 | (7) Throughout the period of time a youth is mechanically |
| 74 | restrained, officers shall: |
| 75 | (a) Continually monitor youth behavior for indications |
| 76 | that restraints are no longer necessary. |
| 77 | (b) Employ protective action response verbal techniques |
| 78 | designed to reduce the need for mechanical restraints. |
| 79 | Section 3. This act shall take effect October 1, 2006. |