Today's Law As Amended

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AB-878 Juveniles: restraints.(2017-2018)



SECTION 1.

 Section 210.6 is added to the Welfare and Institutions Code, to read:

210.6.
 (a) (1)  Instruments of restraint, including, but not limited to, handcuffs, chains, irons, straitjackets or cloth or leather restraints, and other similar items, may be used on a minor detained in or committed to a local secure juvenile facility, camp, ranch, or forestry camp during transportation outside of the facility only upon a determination made by the probation department, in consultation with the transporting agency, that restraints are necessary to prevent physical harm to the juvenile or another person or due to a substantial risk of flight.
(2) If a determination is made that mechanical restraints are necessary, the least restrictive form of restraint shall be used consistent with the legitimate security needs of each minor. In each case in which mechanical restraints other than handcuffs are used, the reasons for the use of restraints and the instrument or instruments of restraint used shall be documented.
(3) This subdivision does not apply to restraints used by medical care providers in the course of medical treatment or transportation.
(b) (1) Restraints may only be used during a juvenile court proceeding if the court determines that the individual minor’s behavior in custody or in court establishes a manifest need to use restraints to prevent physical harm to the juvenile or another person or due to a substantial risk of flight.
(2) It is the prosecution’s burden to demonstrate need.
(3) If the court makes a determination that mechanical restraints are necessary, the least restrictive form of restraint shall be used and the reasons for the use of restraints shall be documented on the record.