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

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Date Published: 10/12/2017 02:00 PM
AB878:v94#DOCUMENT

Assembly Bill No. 878
CHAPTER 660

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

[ Approved by Governor  October 11, 2017. Filed with Secretary of State  October 11, 2017. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 878, 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 authorize the use of mechanical restraints on a juvenile during transportation outside of a local secure juvenile facility, camp, ranch, or forestry camp, only upon a determination 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. The bill would require a county probation department that chooses to use mechanical restraints other than handcuffs to establish procedures for the documentation of use of mechanical restraints other than handcuffs, including the reasons for the use of those restraints. The bill would authorize the use of mechanical restraints during a juvenile court proceeding if the court determines that the individual juvenile’s behavior in custody or in court establishes a manifest need to use mechanical restraints to prevent physical harm to the juvenile or another person or due to a substantial risk of flight. The bill would require the court to document the reasons for the use of mechanical restraints in the record. If mechanical restraints are used pursuant to these provisions, the bill would require that the least restrictive form of restraint be used under the circumstances.
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) Mechanical restraints, including, but not limited to, handcuffs, chains, irons, straitjackets or cloth or leather restraints, or other similar items, may be used on a juvenile detained in or committed to a local secure juvenile facility, camp, ranch, or forestry camp, as established pursuant to Sections 850 and 881, during transportation outside of the facility only upon a determination made by the probation department, in consultation with the transporting agency, that the mechanical 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 juvenile.
(3) A county probation department that chooses to use mechanical restraints other than handcuffs on juveniles shall establish procedures for the documentation of their use, including the reasons for the use of those mechanical restraints.
(4) This subdivision does not apply to mechanical restraints used by medical care providers in the course of medical care or transportation.
(b) (1) Mechanical restraints may only be used during a juvenile court proceeding if the court determines that the individual juvenile’s behavior in custody or in court establishes a manifest need to use mechanical restraints to prevent physical harm to the juvenile or another person or due to a substantial risk of flight.
(2) The burden to establish the need for mechanical restraints pursuant to paragraph (1) is on the prosecution.
(3) If the court determines that mechanical restraints are necessary, the least restrictive form of restraint shall be used and the reasons for the use of mechanical restraints shall be documented in the record.