HB 19

1
A bill to be entitled
2An act relating to restraint of juveniles; amending s.
3985.35, F.S.; prohibiting use of certain restraints on
4children in adjudicatory hearings; providing exceptions;
5amending s. 985.483, F.S.; conforming a cross-reference;
6creating s. 985.602, F.S.; prohibiting use of certain
7restraints on children in court proceedings; providing
8exceptions; providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Subsections (3), (4), (6), and (7) of section
13985.35, Florida Statutes, are renumbered as subsections (4),
14(5), (7), and (8), respectively, present subsection (5) is
15renumbered as subsection (6) and amended, and a new subsection
16(3) is added to that section, to read:
17     985.35  Adjudicatory hearings; withheld adjudications;
18orders of adjudication.--
19     (3)(a)  Instruments of restraint, such as handcuffs,
20chains, irons, or straitjackets, may not be used on a child
21during court proceedings and must be removed prior to the
22child's appearance before the court unless the court finds that:
23     1.  Instruments of restraint are necessary to prevent
24physical harm to the child or another person.
25     2.  There are no less restrictive alternatives to prevent
26physical harm to the child or another person, including, but not
27limited to, the presence of department personnel, law
28enforcement officers, or bailiffs.
29     3.  The child has a history of disruptive courtroom
30behavior that has placed others in potentially harmful
31situations or presents a substantial risk of inflicting physical
32harm on himself or herself or others as evidenced by recent
33behavior.
34     (b)  In using instruments of restraint, the department
35shall comply with its Protective Action Response policy adopted
36under s. 985.645(2)(a).
37     (6)(5)  If the court finds that the child named in a
38petition has committed a delinquent act or violation of law, but
39elects not to proceed under subsection (5) (4), it shall
40incorporate that finding in an order of adjudication of
41delinquency entered in the case, briefly stating the facts upon
42which the finding is made, and the court shall thereafter have
43full authority under this chapter to deal with the child as
44adjudicated.
45     Section 2.  Subsection (2) of section 985.483, Florida
46Statutes, is amended to read:
47     985.483  Intensive residential treatment program for
48offenders less than 13 years of age.--
49     (2)  DETERMINATION.--After a child has been adjudicated
50delinquent under s. 985.35(6)(5), the court shall determine
51whether the child is eligible for an intensive residential
52treatment program for offenders less than 13 years of age under
53subsection (1). If the court determines that the child does not
54meet the criteria, ss. 985.435, 985.437, 985.439, 985.441,
55985.445, 985.45, and 985.455 shall apply.
56     Section 3.  Section 985.602, Florida Statutes, is created
57to read:
58     985.602  Use of restraints during court proceedings
59prohibited; exceptions.--
60     (1)  Instruments of restraint, such as handcuffs, chains,
61irons, or straitjackets, may not be used on a child during court
62proceedings and must be removed prior to the child's appearance
63before the court unless the court finds that:
64     (a)  Instruments of restraint are necessary to prevent
65physical harm to the child or another person.
66     (b)  There are no less restrictive alternatives to prevent
67physical harm to the child or another person, including, but not
68limited to, the presence of department personnel, law
69enforcement officers, or bailiffs.
70     (c)  The child has a history of disruptive courtroom
71behavior that has placed others in potentially harmful
72situations or presents a substantial risk of inflicting physical
73harm on himself or herself or others as evidenced by recent
74behavior.
75     (2)  In using instruments of restraint, the department
76shall comply with its Protective Action Response policy adopted
77under s. 985.645(2)(a).
78     Section 4.  This act shall take effect July 1, 2007.


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