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A bill to be entitled

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An act relating to the use of restraints on a child during

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juvenile proceedings; amending s. 985.35, F.S., and

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creating s. 985.602, F.S.; prohibiting the use of

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instruments of restraint on a child during court

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proceedings or elsewhere in a courthouse; providing

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specified exceptions; requiring the Department of Juvenile

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Justice to comply with the Protective Action Response

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policy whenever mechanical restraints are used; amending

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s. 985.483, F.S.; conforming a cross-reference; providing

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an effective date.

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

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     Section 1.  Present subsections (3), (4), (5), (6), and (7)

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of section 985.35, Florida Statutes, are redesignated as

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

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

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

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     985.35  Adjudicatory hearings; withheld adjudications;

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orders of adjudication.--

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

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irons, or straitjackets, may not be used on a child during an

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adjudicatory or other court hearing or elsewhere in a courthouse

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and must be removed when the child appears before the court

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unless the court finds that:

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     (a) Restraints are necessary to prevent physical harm to

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the child or another person;

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     (b) A less restrictive alternative is not available which

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would prevent physical harm, including, but not limited to, the

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presence of personnel of the department, a law enforcement

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officer, or a bailiff; or

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     (c) The child has a history of disruptive behavior in the

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courtroom which places others in potentially harmful situations

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or presents a substantial risk of inflicting bodily harm on

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others as evidenced by recent behavior.

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The department must comply with the Protective Action Response

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policy adopted under s. 985.645(2) whenever mechanical restraints

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are used.

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

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

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

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incorporate that finding in an order of adjudication of

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delinquency entered in the case, briefly stating the facts upon

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which the finding is made, and the court shall thereafter have

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full authority under this chapter to deal with the child as

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adjudicated.

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     Section 2.  Subsection (2) of section 985.483, Florida

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Statutes, is amended to read:

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     985.483  Intensive residential treatment program for

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offenders less than 13 years of age.--

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     (2)  DETERMINATION.--After a child has been adjudicated

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delinquent under s. 985.35(6) s. 985.35(5), the court shall

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determine whether the child is eligible for an intensive

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residential treatment program for offenders less than 13 years of

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age under subsection (1). If the court determines that the child

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does not meet the criteria, ss. 985.435, 985.437, 985.439,

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985.441, 985.445, 985.45, and 985.455 shall apply.

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     Section 3.  Section 985.602, Florida Statutes, is created to

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read:

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     985.602 Use of restraints during court proceedings

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prohibited; exceptions--.

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     (1) Instruments of restraint, such as handcuffs, chains,

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irons, or straitjackets, may not be used on a child during any

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court proceeding and must be removed when the child appears

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before the court unless the court finds that:

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     (a) Restraints are necessary to prevent physical harm to

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the child or another person;

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     (b) A less restrictive alternative is not available which

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would prevent physical harm, including, but not limited to, the

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presence of personnel of the department, a law enforcement

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officer, or a bailiff; or

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     (c) The child has a history of disruptive behavior in the

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courtroom which places others in potentially harmful situations

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or presents a substantial risk of inflicting bodily harm on

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others as evidenced by recent behavior.

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     (2) The department must comply with the Protective Action

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Response policy adopted under s. 985.645(2) whenever mechanical

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restraints are used.

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     Section 4.  This act shall take effect July 1, 2008.