| 1 | | - | 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 DIGESTAB 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 juveniles 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.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) 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 juveniles 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. |
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| 1 | + | Enrolled September 15, 2017 Passed IN Senate September 11, 2017 Passed IN Assembly September 13, 2017 Amended IN Senate September 06, 2017 Amended IN Assembly May 22, 2017 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, 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 juveniles 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.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) 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 juveniles 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. |
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| 3 | | - | 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 DIGESTAB 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 juveniles 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 3 | + | Enrolled September 15, 2017 Passed IN Senate September 11, 2017 Passed IN Assembly September 13, 2017 Amended IN Senate September 06, 2017 Amended IN Assembly May 22, 2017 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, 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 juveniles 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 4 | + | |
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| 5 | + | Enrolled September 15, 2017 Passed IN Senate September 11, 2017 Passed IN Assembly September 13, 2017 Amended IN Senate September 06, 2017 Amended IN Assembly May 22, 2017 Amended IN Assembly April 04, 2017 |
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| 6 | + | |
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| 7 | + | Enrolled September 15, 2017 |
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| 8 | + | Passed IN Senate September 11, 2017 |
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| 9 | + | Passed IN Assembly September 13, 2017 |
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| 10 | + | Amended IN Senate September 06, 2017 |
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| 11 | + | Amended IN Assembly May 22, 2017 |
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| 12 | + | Amended IN Assembly April 04, 2017 |
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| 13 | + | |
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| 14 | + | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION |
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| 11 | 24 | | |
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| 12 | 25 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 13 | 26 | | |
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| 14 | 27 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 15 | 28 | | |
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| 16 | 29 | | AB 878, Gipson. Juveniles: restraints. |
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| 17 | 30 | | |
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| 18 | 31 | | 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 juveniles 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. |
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| 19 | 32 | | |
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| 20 | 33 | | 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. |
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| 21 | 34 | | |
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| 22 | 35 | | 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 juveniles 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. |
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| 23 | 36 | | |
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| 24 | 37 | | ## Digest Key |
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| 25 | 38 | | |
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| 26 | 39 | | ## Bill Text |
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| 27 | 40 | | |
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| 28 | 41 | | 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 juveniles 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. |
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| 29 | 42 | | |
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| 30 | 43 | | The people of the State of California do enact as follows: |
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| 31 | 44 | | |
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| 32 | 45 | | ## The people of the State of California do enact as follows: |
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| 33 | 46 | | |
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| 34 | 47 | | 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 juveniles 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. |
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| 35 | 48 | | |
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| 36 | 49 | | SECTION 1. Section 210.6 is added to the Welfare and Institutions Code, to read: |
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| 37 | 50 | | |
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| 38 | 51 | | ### SECTION 1. |
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| 39 | 52 | | |
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| 40 | 53 | | 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 juveniles 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. |
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| 41 | 54 | | |
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| 42 | 55 | | 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 juveniles 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. |
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| 43 | 56 | | |
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| 44 | 57 | | 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 juveniles 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. |
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| 45 | 58 | | |
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| 46 | 59 | | |
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| 47 | 60 | | |
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| 48 | 61 | | 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. |
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| 49 | 62 | | |
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| 50 | 63 | | (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. |
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| 51 | 64 | | |
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| 52 | 65 | | (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. |
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| 53 | 66 | | |
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| 54 | 67 | | (4) This subdivision does not apply to mechanical restraints used by medical care providers in the course of medical care or transportation. |
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| 55 | 68 | | |
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| 56 | 69 | | (b) (1) Mechanical restraints may only be used during a juvenile court proceeding if the court determines that the individual juveniles 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. |
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| 57 | 70 | | |
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| 58 | 71 | | (2) The burden to establish the need for mechanical restraints pursuant to paragraph (1) is on the prosecution. |
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| 59 | 72 | | |
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| 60 | 73 | | (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. |
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