Bill Text: FL S0242 | 2010 | Regular Session | Introduced

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Bill Title: Restraints/Use During Juvenile Proceedings [SPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-03-18 - Withdrawn from Criminal Justice; Judiciary; Criminal and Civil Justice Appropriations -SJ 00268; Withdrawn from further consideration -SJ 00268 [S0242 Detail]

Download: Florida-2010-S0242-Introduced.html

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Florida Senate - 2010                                     SB 242 
 
By Senator Wilson 
33-00093-10                                            2010242__ 
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 
38  The department must comply with the Protective Action Response 
39  policy adopted under s. 985.645 whenever mechanical restraints 
40  are used. 
41         (6)(5) If the court finds that the child named in a 
42  petition has committed a delinquent act or violation of law, but 
43  elects not to proceed under subsection (5) (4), it shall 
44  incorporate that finding in an order of adjudication of 
45  delinquency entered in the case, briefly stating the facts upon 
46  which the finding is made, and the court shall thereafter have 
47  full authority under this chapter to deal with the child as 
48  adjudicated. 
49         Section 2. Subsection (2) of section 985.483, Florida 
50  Statutes, is amended to read: 
51         985.483 Intensive residential treatment program for 
52  offenders less than 13 years of age.— 
53         (2) DETERMINATION.—After a child has been adjudicated 
54  delinquent under s. 985.35(6) s. 985.35(5), the court shall 
55  determine whether the child is eligible for an intensive 
56  residential treatment program for offenders less than 13 years 
57  of age under subsection (1). If the court determines that the 
58  child does not meet the criteria, ss. 985.435, 985.437, 985.439, 
59  985.441, 985.445, 985.45, and 985.455 shall apply. 
60         Section 3. Section 985.602, Florida Statutes, is created to 
61  read: 
62         985.602 Use of restraints during court proceedings 
63  prohibited; exceptions.— 
64         (1) Instruments of restraint, such as handcuffs, chains, 
65  irons, or straitjackets, may not be used on a child during any 
66  court proceeding and must be removed when the child appears 
67  before the court unless the court finds that: 
68         (a) Restraints are necessary to prevent physical harm to 
69  the child or another person; 
70         (b) A less restrictive alternative is not available which 
71  would prevent physical harm, including, but not limited to, the 
72  presence of personnel of the department, a law enforcement 
73  officer, or a bailiff; or 
74         (c) The child has a history of disruptive behavior in the 
75  courtroom which places others in potentially harmful situations 
76  or presents a substantial risk of inflicting bodily harm on 
77  others as evidenced by recent behavior. 
78         (2) The department must comply with the Protective Action 
79  Response policy adopted under s. 985.645 whenever mechanical 
80  restraints are used. 
81         Section 4. This act shall take effect July 1, 2010.