Bill Text: MS HB1355 | 2015 | Regular Session | Comm Sub
Bill Title: Youth court; prohibit wearing of restraints by child appearing before court unless certain findings are made by court.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2015-02-12 - Died On Calendar [HB1355 Detail]
Download: Mississippi-2015-HB1355-Comm_Sub.html
MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Judiciary B
By: Representative Snowden
House Bill 1355
(COMMITTEE SUBSTITUTE)
AN ACT TO PROHIBIT THE USE OF MECHANICAL RESTRAINTS UPON ANY CHILD WHO APPEARS BEFORE YOUTH COURT UNLESS CERTAIN FINDINGS ARE MADE BY THE YOUTH COURT JUDGE; TO PROVIDE, WHENEVER PRACTICABLE, THAT ALL PARTIES MAY BE HEARD BY THE YOUTH COURT ON THE PROPOSED USE OF SUCH RESTRAINTS; TO REQUIRE THAT IF MECHANICAL RESTRAINTS ARE USED, THEN THE YOUTH COURT JUDGE MUST MAKE A WRITTEN FINDING OF FACT IN SUPPORT OF THE ORDER; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) Mechanical restraints may not be used on a child during a court proceeding and must be removed prior to the child's appearance before the youth court, unless the court finds both that:
(a) The use of restraints is necessary due to one (1) of the following factors:
(i) Mechanical restraints are necessary to prevent physical harm to the child or another person;
(ii) The child has a history of disruptive courtroom behavior that has placed others in potentially harmful situations or presents a substantial risk of inflicting physical harm on himself or herself or others as evidenced by recent behavior; or
(iii) There is a reasonable belief that the child presents a substantial risk of flight from the court room; and
(b) There are no less restrictive alternatives to mechanical restraints that will prevent flight or physical harm to the child or another person, including, but not limited to, the presence of court personnel, law enforcement officers or bailiffs.
(2) Unless an emergency exists, before any child is ordered restrained, the court shall permit any party, to be heard on the issue of whether reasonable grounds exist for the use of mechanical restraints in a particular situation or as to a particular child. The court may permit any nonparty to be heard on the issue.
(3) If mechanical restraints are ordered by the court, the judge shall make written findings of fact in support of such order.
SECTION 2. This act shall take effect and be in force from and after July 1, 2015.
