Amended IN Assembly April 04, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 878Introduced by Assembly Member GipsonFebruary 16, 2017 An act to add Section 210.6 to the Welfare and Institutions Code, relating to juveniles. LEGISLATIVE COUNSEL'S DIGESTAB 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 the use of restraints on a minor during transportation outside of a local juvenile facility, camp, ranch, or forestry camp, except as provided, or during a juvenile court proceeding. provided. The bill would authorize the use of restraints during a juvenile court proceeding if the court determines that the individual minors behavior 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 minors custodial status, inadequacy of the courtroom facilities, or the lack of available security personnel.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe 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 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.(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 pursuant to a standardized assessment instrument developed by the transporting agency 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 minors back. The determination and the reasons for the determination shall be documented.(b)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 a juvenile court proceeding. Restraints shall be removed prior to the minor being brought into the courtroom and appearing before the juvenile court.(b) (1) Restraints may only be used during a juvenile court proceeding if the court determines that the individual minors behavior in court establishes a manifest need to use restraints to prevent flight risk, threats of violence, or disruptive behavior.(2) The determination may not be based on the minors custodial status, inadequacy of the courtroom facilities, or the lack of available security personnel.(3) It is the prosecutions burden to demonstrate need.(4) When the court makes a determination that restraints are necessary, the least restrictive alternative shall be used.
Amended IN Assembly April 04, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 878Introduced by Assembly Member GipsonFebruary 16, 2017 An act to add Section 210.6 to the Welfare and Institutions Code, relating to juveniles. LEGISLATIVE COUNSEL'S DIGESTAB 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 the use of restraints on a minor during transportation outside of a local juvenile facility, camp, ranch, or forestry camp, except as provided, or during a juvenile court proceeding. provided. The bill would authorize the use of restraints during a juvenile court proceeding if the court determines that the individual minors behavior 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 minors custodial status, inadequacy of the courtroom facilities, or the lack of available security personnel.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Assembly April 04, 2017
Amended IN Assembly April 04, 2017
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 878
Introduced by Assembly Member GipsonFebruary 16, 2017
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
## 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 the use of restraints on a minor during transportation outside of a local juvenile facility, camp, ranch, or forestry camp, except as provided, or during a juvenile court proceeding. provided. The bill would authorize the use of restraints during a juvenile court proceeding if the court determines that the individual minors behavior 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 minors custodial status, inadequacy of the courtroom facilities, or the lack of available security personnel.
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 the use of restraints on a minor during transportation outside of a local juvenile facility, camp, ranch, or forestry camp, except as provided, or during a juvenile court proceeding. provided. The bill would authorize the use of restraints during a juvenile court proceeding if the court determines that the individual minors behavior 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 minors custodial status, inadequacy of the courtroom facilities, or the lack of available security personnel.
## Digest Key
## Bill Text
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 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.(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 pursuant to a standardized assessment instrument developed by the transporting agency 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 minors back. The determination and the reasons for the determination shall be documented.(b)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 a juvenile court proceeding. Restraints shall be removed prior to the minor being brought into the courtroom and appearing before the juvenile court.(b) (1) Restraints may only be used during a juvenile court proceeding if the court determines that the individual minors behavior in court establishes a manifest need to use restraints to prevent flight risk, threats of violence, or disruptive behavior.(2) The determination may not be based on the minors custodial status, inadequacy of the courtroom facilities, or the lack of available security personnel.(3) It is the prosecutions burden to demonstrate need.(4) When the court makes a determination that restraints are necessary, the least restrictive alternative shall be used.
The people of the State of California do enact as follows:
## 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 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.(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 pursuant to a standardized assessment instrument developed by the transporting agency 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 minors back. The determination and the reasons for the determination shall be documented.(b)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 a juvenile court proceeding. Restraints shall be removed prior to the minor being brought into the courtroom and appearing before the juvenile court.(b) (1) Restraints may only be used during a juvenile court proceeding if the court determines that the individual minors behavior in court establishes a manifest need to use restraints to prevent flight risk, threats of violence, or disruptive behavior.(2) The determination may not be based on the minors custodial status, inadequacy of the courtroom facilities, or the lack of available security personnel.(3) It is the prosecutions burden to demonstrate need.(4) When the court makes a determination that restraints are necessary, the least restrictive alternative shall be used.
SECTION 1. Section 210.6 is added to the Welfare and Institutions Code, to read:
### SECTION 1.
210.6. (a) (1) Except as provided in paragraph (2), 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.(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 pursuant to a standardized assessment instrument developed by the transporting agency 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 minors back. The determination and the reasons for the determination shall be documented.(b)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 a juvenile court proceeding. Restraints shall be removed prior to the minor being brought into the courtroom and appearing before the juvenile court.(b) (1) Restraints may only be used during a juvenile court proceeding if the court determines that the individual minors behavior in court establishes a manifest need to use restraints to prevent flight risk, threats of violence, or disruptive behavior.(2) The determination may not be based on the minors custodial status, inadequacy of the courtroom facilities, or the lack of available security personnel.(3) It is the prosecutions burden to demonstrate need.(4) When the court makes a determination that restraints are necessary, the least restrictive alternative shall be used.
210.6. (a) (1) Except as provided in paragraph (2), 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.(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 pursuant to a standardized assessment instrument developed by the transporting agency 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 minors back. The determination and the reasons for the determination shall be documented.(b)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 a juvenile court proceeding. Restraints shall be removed prior to the minor being brought into the courtroom and appearing before the juvenile court.(b) (1) Restraints may only be used during a juvenile court proceeding if the court determines that the individual minors behavior in court establishes a manifest need to use restraints to prevent flight risk, threats of violence, or disruptive behavior.(2) The determination may not be based on the minors custodial status, inadequacy of the courtroom facilities, or the lack of available security personnel.(3) It is the prosecutions burden to demonstrate need.(4) When the court makes a determination that restraints are necessary, the least restrictive alternative shall be used.
210.6. (a) (1) Except as provided in paragraph (2), 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.(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 pursuant to a standardized assessment instrument developed by the transporting agency 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 minors back. The determination and the reasons for the determination shall be documented.(b)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 a juvenile court proceeding. Restraints shall be removed prior to the minor being brought into the courtroom and appearing before the juvenile court.(b) (1) Restraints may only be used during a juvenile court proceeding if the court determines that the individual minors behavior in court establishes a manifest need to use restraints to prevent flight risk, threats of violence, or disruptive behavior.(2) The determination may not be based on the minors custodial status, inadequacy of the courtroom facilities, or the lack of available security personnel.(3) It is the prosecutions burden to demonstrate need.(4) When the court makes a determination that restraints are necessary, the least restrictive alternative shall be used.
210.6. (a) (1) Except as provided in paragraph (2), 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.
(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 pursuant to a standardized assessment instrument developed by the transporting agency 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 minors back. The determination and the reasons for the determination shall be documented.
(b)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 a juvenile court proceeding. Restraints shall be removed prior to the minor being brought into the courtroom and appearing before the juvenile court.
(b) (1) Restraints may only be used during a juvenile court proceeding if the court determines that the individual minors behavior in court establishes a manifest need to use restraints to prevent flight risk, threats of violence, or disruptive behavior.
(2) The determination may not be based on the minors custodial status, inadequacy of the courtroom facilities, or the lack of available security personnel.
(3) It is the prosecutions burden to demonstrate need.
(4) When the court makes a determination that restraints are necessary, the least restrictive alternative shall be used.