Senate Bill sb0372
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 372
By Senator Wilson
33-346-07
1 A bill to be entitled
2 An act relating to the use of restraints on a
3 child during juvenile proceedings; amending s.
4 985.35, F.S., and creating s. 985.602, F.S.;
5 prohibiting the use of instruments of restraint
6 on a child during court proceedings or
7 elsewhere in a courthouse; providing specified
8 exceptions; requiring the Department of
9 Juvenile Justice to comply with the Protective
10 Action Response policy whenever mechanical
11 restraints are used; amending s. 985.483, F.S.;
12 conforming a cross-reference; providing an
13 effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Present subsections (3), (4), (5), (6), and
18 (7) of section 985.35, Florida Statutes, are redesignated as
19 subsections (4), (5), (6), (7), and (8), respectively, a new
20 subsection (3) is added to that section, and present
21 subsection (5) of that section is amended, to read:
22 985.35 Adjudicatory hearings; withheld adjudications;
23 orders of adjudication.--
24 (3) Instruments of restraint, such as handcuffs,
25 chains, irons, or straitjackets, may not be used on a child
26 during an adjudicatory or other court hearing or elsewhere in
27 a courthouse and must be removed when the child appears before
28 the court, unless the court finds that:
29 (a) Restraints are necessary to prevent physical harm
30 to the child or another person;
31
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 372
33-346-07
1 (b) A less restrictive alternative is not available
2 which would prevent physical harm, including, but not limited
3 to, the presence of personnel of the department, a law
4 enforcement officer, or a bailiff; or
5 (c) The child has a history of disruptive behavior in
6 the courtroom which places others in potentially harmful
7 situations or presents a substantial risk of inflicting bodily
8 harm on others as evidenced by recent behavior.
9
10 The department must comply with the Protective Action Response
11 policy adopted under s. 985.645(2) whenever mechanical
12 restraints are used.
13 (6)(5) If the court finds that the child named in a
14 petition has committed a delinquent act or violation of law,
15 but elects not to proceed under subsection (5) (4), it shall
16 incorporate that finding in an order of adjudication of
17 delinquency entered in the case, briefly stating the facts
18 upon which the finding is made, and the court shall thereafter
19 have full authority under this chapter to deal with the child
20 as adjudicated.
21 Section 2. Subsection (2) of section 985.483, Florida
22 Statutes, is amended to read:
23 985.483 Intensive residential treatment program for
24 offenders less than 13 years of age.--
25 (2) DETERMINATION.--After a child has been adjudicated
26 delinquent under s. 985.35(6) s. 985.35(5), the court shall
27 determine whether the child is eligible for an intensive
28 residential treatment program for offenders less than 13 years
29 of age under subsection (1). If the court determines that the
30 child does not meet the criteria, ss. 985.435, 985.437,
31 985.439, 985.441, 985.445, 985.45, and 985.455 shall apply.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 372
33-346-07
1 Section 3. Section 985.602, Florida Statutes, is
2 created to read:
3 985.602 Use of restraints during court proceedings
4 prohibited; exceptions--.
5 (1) Instruments of restraint, such as handcuffs,
6 chains, irons, or straitjackets, may not be used on a child
7 during any court proceeding and must be removed when the child
8 appears before the court unless the court finds that:
9 (a) Restraints are necessary to prevent physical harm
10 to the child or another person;
11 (b) A less restrictive alternative is not available
12 which would prevent physical harm, including, but not limited
13 to, the presence of personnel of the department, a law
14 enforcement officer, or a bailiff; or
15 (c) The child has a history of disruptive behavior in
16 the courtroom which places others in potentially harmful
17 situations or presents a substantial risk of inflicting bodily
18 harm on others as evidenced by recent behavior.
19 (2) The department must comply with the Protective
20 Action Response policy adopted under s. 985.645(2) whenever
21 mechanical restraints are used.
22 Section 4. This act shall take effect July 1, 2007.
23
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25 SENATE SUMMARY
26 Prohibits the use of instruments of restraint on a child
during court proceedings or elsewhere in a courthouse.
27 Provides specified exceptions. Requires the Department of
Juvenile Justice to comply with the Protective Action
28 Response policy whenever mechanical restraints are used.
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CODING: Words stricken are deletions; words underlined are additions.