SLS 18RS-369 ENGROSSED
2018 Regular Session
SENATE BILL NO. 103
BY SENATOR MORRELL
CHILDREN'S CODE. Provides for use of restraints in juvenile court proceedings. (8/1/18)
1 AN ACT
2 To amend and reenact Children's Code Art. 408, relative to juvenile court proceedings; to
3 prohibit the use of restraints on a child except under certain circumstances; to
4 provide for exceptions; to provide for a procedure to determine if restraints are
5 necessary; to provide for notice; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. Children's Code Art. 408 is hereby amended and reenacted to read as
8 follows:
9 Art. 408. Duty of court to control proceedings; use of restraints
10 A. The court shall require that the proceedings be conducted with dignity and
11 in an orderly and expeditious manner, and shall control the proceedings so that
12 justice is done. The court may exclude any person whose conduct is disruptive if the
13 person fails promptly to heed the court's admonition to refrain from such conduct.
14 B. Except in delinquency proceedings as provided in this Paragraph,
15 restraints shall not be used on a child during any juvenile court proceeding.
16 (1) The court may permit a child to be restrained in the courtroom only
17 upon an individualized determination that the child presents a particularized
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 103
SLS 18RS-369 ENGROSSED
1 risk of physical harm to himself or another or presents a particularized
2 substantial risk of flight from the courtroom and there are no less restrictive
3 alternatives to prevent flight or physical harm. The fact that a child is detained
4 is insufficient to warrant a finding that the use of restraints is necessary.
5 (2) If it is alleged that the use of restraints is necessary, the district
6 attorney or law enforcement shall inform the judge and the attorney for the
7 child prior to the delinquency proceeding. The attorney for the child shall be
8 given an opportunity to be heard and object on the record. If the use of
9 restraints is ordered, the judge shall state the reasons for such order on the
10 record.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Ashley E. Menou.
DIGEST
SB 103 Engrossed 2018 Regular Session Morrell
Present law requires juvenile courts to ensure all proceedings are conducted with dignity and
in an orderly fashion. Present law further authorizes juvenile courts to exclude any person
whose conduct is disruptive if that person fails to heed the court's order to refrain from such
conduct.
Proposed law retains present law.
Proposed law prohibits the use of restraints on a child in any juvenile court proceeding
except in delinquency proceedings under certain circumstances.
Proposed law allows a juvenile court to permit a child to be restrained in a delinquency
hearing if the child presents a risk of physical harm or flight and there are no less restrictive
alternatives.
Proposed law provides that the fact that a child is detained is not sufficient to warrant the use
of restraints.
Proposed law provides that if it is alleged that the use of restraints is necessary, the district
attorney or law enforcement must inform the judge and attorney for the child before the
proceeding, and the child's attorney must be given the opportunity to speak and object on the
record.
Proposed law provides that if the use of restraints is ordered, the judge must state the reasons
for the order on the record.
Effective August 1, 2018.
(Amends Ch.C. Art. 408)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.