1 | A bill to be entitled |
2 | An act relating to restraint of juveniles; amending s. |
3 | 985.35, F.S.; prohibiting use of certain restraints on |
4 | children in adjudicatory hearings; providing exceptions; |
5 | amending s. 985.483, F.S.; conforming a cross-reference; |
6 | creating s. 985.602, F.S.; prohibiting use of certain |
7 | restraints on children in court proceedings; providing |
8 | exceptions; providing an effective date. |
9 |
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10 | Be It Enacted by the Legislature of the State of Florida: |
11 |
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12 | Section 1. Subsections (3), (4), (6), and (7) of section |
13 | 985.35, Florida Statutes, are renumbered as subsections (4), |
14 | (5), (7), and (8), respectively, present subsection (5) is |
15 | renumbered 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; |
18 | orders of adjudication.-- |
19 | (3)(a) Instruments of restraint, such as handcuffs, |
20 | chains, irons, or straitjackets, may not be used on a child |
21 | during court proceedings and must be removed prior to the |
22 | child's appearance before the court unless the court finds that: |
23 | 1. Instruments of restraint are necessary to prevent |
24 | physical harm to the child or another person. |
25 | 2. There are no less restrictive alternatives to prevent |
26 | physical harm to the child or another person, including, but not |
27 | limited to, the presence of department personnel, law |
28 | enforcement officers, or bailiffs. |
29 | 3. The child has a history of disruptive courtroom |
30 | behavior that has placed others in potentially harmful |
31 | situations or presents a substantial risk of inflicting physical |
32 | harm on himself or herself or others as evidenced by recent |
33 | behavior. |
34 | (b) In using instruments of restraint, the department |
35 | shall comply with its Protective Action Response policy adopted |
36 | under s. 985.645(2)(a). |
37 | (6)(5) If the court finds that the child named in a |
38 | petition has committed a delinquent act or violation of law, but |
39 | elects not to proceed under subsection (5) (4), it shall |
40 | incorporate that finding in an order of adjudication of |
41 | delinquency entered in the case, briefly stating the facts upon |
42 | which the finding is made, and the court shall thereafter have |
43 | full authority under this chapter to deal with the child as |
44 | adjudicated. |
45 | Section 2. Subsection (2) of section 985.483, Florida |
46 | Statutes, is amended to read: |
47 | 985.483 Intensive residential treatment program for |
48 | offenders less than 13 years of age.-- |
49 | (2) DETERMINATION.--After a child has been adjudicated |
50 | delinquent under s. 985.35(6)(5), the court shall determine |
51 | whether the child is eligible for an intensive residential |
52 | treatment program for offenders less than 13 years of age under |
53 | subsection (1). If the court determines that the child does not |
54 | meet the criteria, ss. 985.435, 985.437, 985.439, 985.441, |
55 | 985.445, 985.45, and 985.455 shall apply. |
56 | Section 3. Section 985.602, Florida Statutes, is created |
57 | to read: |
58 | 985.602 Use of restraints during court proceedings |
59 | prohibited; exceptions.-- |
60 | (1) Instruments of restraint, such as handcuffs, chains, |
61 | irons, or straitjackets, may not be used on a child during court |
62 | proceedings and must be removed prior to the child's appearance |
63 | before the court unless the court finds that: |
64 | (a) Instruments of restraint are necessary to prevent |
65 | physical harm to the child or another person. |
66 | (b) There are no less restrictive alternatives to prevent |
67 | physical harm to the child or another person, including, but not |
68 | limited to, the presence of department personnel, law |
69 | enforcement officers, or bailiffs. |
70 | (c) The child has a history of disruptive courtroom |
71 | behavior that has placed others in potentially harmful |
72 | situations or presents a substantial risk of inflicting physical |
73 | harm on himself or herself or others as evidenced by recent |
74 | behavior. |
75 | (2) In using instruments of restraint, the department |
76 | shall comply with its Protective Action Response policy adopted |
77 | under s. 985.645(2)(a). |
78 | Section 4. This act shall take effect July 1, 2007. |