Florida Senate - 2009 SB 108
By Senator Wilson
33-00053-09 2009108__
1 A bill to be entitled
2 An act relating to the use of restraints on a child
3 during juvenile proceedings; amending s. 985.35, F.S.,
4 and creating s. 985.602, F.S.; prohibiting the use of
5 instruments of restraint on a child during court
6 proceedings or elsewhere in a courthouse; providing
7 specified exceptions; requiring the Department of
8 Juvenile Justice to comply with the Protective Action
9 Response policy whenever mechanical restraints are
10 used; amending s. 985.483, F.S.; conforming a cross
11 reference; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Present subsections (3), (4), (5), (6), and (7)
16 of section 985.35, Florida Statutes, are renumbered as
17 subsections (4), (5), (6), (7), and (8), respectively, a new
18 subsection (3) is added to that section, and present subsection
19 (5) of that section is amended, to read:
20 985.35 Adjudicatory hearings; withheld adjudications;
21 orders of adjudication.—
22 (3) Instruments of restraint, such as handcuffs, chains,
23 irons, or straitjackets, may not be used on a child during an
24 adjudicatory or other court hearing or elsewhere in a courthouse
25 and must be removed when the child appears before the court
26 unless the court finds that:
27 (a) Restraints are necessary to prevent physical harm to
28 the child or another person;
29 (b) A less restrictive alternative is not available which
30 would prevent physical harm, including, but not limited to, the
31 presence of personnel of the department, a law enforcement
32 officer, or a bailiff; or
33 (c) The child has a history of disruptive behavior in the
34 courtroom which places others in potentially harmful situations
35 or presents a substantial risk of inflicting bodily harm on
36 others as evidenced by recent behavior.
37 The department must comply with the Protective Action Response
38 policy adopted under s. 985.645(2) whenever mechanical
39 restraints are used.
40 (6)(5) If the court finds that the child named in a
41 petition has committed a delinquent act or violation of law, but
42 elects not to proceed under subsection (5) (4), it shall
43 incorporate that finding in an order of adjudication of
44 delinquency entered in the case, briefly stating the facts upon
45 which the finding is made, and the court shall thereafter have
46 full authority under this chapter to deal with the child as
47 adjudicated.
48 Section 2. Subsection (2) of section 985.483, Florida
49 Statutes, is amended to read:
50 985.483 Intensive residential treatment program for
51 offenders less than 13 years of age.—
52 (2) DETERMINATION.—After a child has been adjudicated
53 delinquent under s. 985.35(6) s. 985.35(5), the court shall
54 determine whether the child is eligible for an intensive
55 residential treatment program for offenders less than 13 years
56 of age under subsection (1). If the court determines that the
57 child does not meet the criteria, ss. 985.435, 985.437, 985.439,
58 985.441, 985.445, 985.45, and 985.455 shall apply.
59 Section 3. Section 985.602, Florida Statutes, is created to
60 read:
61 985.602 Use of restraints during court proceedings
62 prohibited; exceptions.—
63 (1) Instruments of restraint, such as handcuffs, chains,
64 irons, or straitjackets, may not be used on a child during any
65 court proceeding and must be removed when the child appears
66 before the court unless the court finds that:
67 (a) Restraints are necessary to prevent physical harm to
68 the child or another person;
69 (b) A less restrictive alternative is not available which
70 would prevent physical harm, including, but not limited to, the
71 presence of personnel of the department, a law enforcement
72 officer, or a bailiff; or
73 (c) The child has a history of disruptive behavior in the
74 courtroom which places others in potentially harmful situations
75 or presents a substantial risk of inflicting bodily harm on
76 others as evidenced by recent behavior.
77 (2) The department must comply with the Protective Action
78 Response policy adopted under s. 985.645(2) whenever mechanical
79 restraints are used.
80 Section 4. This act shall take effect July 1, 2009.