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

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Date Published: 05/22/2017 09:00 PM
AB878:v97#DOCUMENT

Amended  IN  Assembly  May 22, 2017
Amended  IN  Assembly  April 04, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 878


Introduced by Assembly Member Gipson

February 16, 2017


An act to add Section 210.6 to the Welfare and Institutions Code, relating to juveniles.


LEGISLATIVE COUNSEL'S DIGEST


AB 878, as amended, Gipson. Juveniles: restraints.
Under existing law, a female ward of a local juvenile facility who is known to be pregnant or in recovery from delivery may not be restrained, unless deemed necessary for the safety and security of the inmate, the staff, or the public.
This bill would prohibit authorize the use of restraints on a minor during transportation outside of a local secure juvenile facility, camp, ranch, or forestry camp, except as provided. only upon a determination that restraints are necessary to prevent physical harm to the juvenile or another person or due to a substantial risk of flight. The bill would authorize the use of restraints 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 flight risk, threats of violence, or disruptive behavior, and would prohibit this determination from being based on the minor’s custodial status, inadequacy of the courtroom facilities, or the lack of available security personnel. physical harm to the juvenile or another person or due to a substantial risk of flight. If restraints are used pursuant to these provisions, the bill would require that the least restrictive form of restraint be used under the circumstances. The bill would require documentation of the reasons for the use of certain restraints, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

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

210.6.
 (a) (1) Except as provided in paragraph (2), instruments Instruments of restraint, including, but not limited to, handcuffs, chains, irons, straitjackets or cloth or leather restraints, and other similar items, may not be used on a minor during transportation outside of a local juvenile facility, camp, ranch, or forestry camp. 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)Handcuffs may be used during the transportation of a minor outside of a local juvenile facility, camp, ranch, or forestry camp upon a determination made by the probation department that handcuffs are necessary to prevent physical harm to the juvenile or another person or due to a substantial risk of flight. However, handcuffs may not be fastened behind a minor’s back. The determination and the reasons for the determination shall be documented.

(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 court establishes a manifest need to use restraints to prevent flight risk, threats of violence, or disruptive behavior. 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)The determination may not be based on the minor’s custodial status, inadequacy of the courtroom facilities, or the lack of available security personnel.

(3)

(2) It is the prosecution’s burden to demonstrate need.

(4)When

(3) If the court makes a determination that restraints are necessary, the least restrictive alternative shall be used. 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.