Kansas 2023-2024 Regular Session

Kansas Senate Bill SB439

Introduced
2/1/24  
Refer
2/2/24  

Caption

Prohibiting the use of restraints during hearings under the revised Kansas juvenile justice code unless restraints are deemed appropriate by the court.

Impact

If enacted, SB439 would lead to significant changes in how juvenile hearings are conducted across the state. The bill seeks to align juvenile justice procedures with modern principles of restorative justice, ensuring that young individuals are not unnecessarily subjected to punitive measures that could affect their psychological well-being. By limiting the use of restraints, the bill aims to foster a more supportive environment that encourages cooperation and reduces the likelihood of escalation during hearings.

Summary

SB439 focuses on reforming the practices surrounding juvenile justice by prohibiting the use of physical restraints on juveniles during judicial hearings, except when deemed necessary by the court. This bill aims to protect the dignity and rights of young individuals within the juvenile justice system, emphasizing the importance of treating juveniles with respect and fairness during legal proceedings. Proponents argue that the use of restraints can be psychologically damaging and counterproductive in the rehabilitation process for young offenders.

Contention

The main points of contention surrounding SB439 relate to judicial discretion and the practicality of enforcing the restraint prohibition. Some lawmakers and law enforcement officials express concerns that without the option to use restraints, there may be challenges in maintaining order and safety during potentially volatile hearings. Critics argue that situations could arise where restraints may still be essential to ensure the safety of both the court personnel and the juveniles involved. This debate highlights the struggle between safeguarding individual rights and addressing public safety concerns within the juvenile justice system.

Companion Bills

No companion bills found.

Previously Filed As

KS HB2639

Prohibiting the use of restraints during hearings under the revised Kansas juvenile justice code unless restraints are deemed appropriate by the court.

KS SB110

Prohibiting the use of restraints during hearings under the revised Kansas juvenile justice code unless restraints are deemed appropriate by the court.

KS HB2115

Prohibiting the use of restraints during hearings under the revised Kansas juvenile justice code unless deemed appropriate by the court.

KS HB2227

Prohibiting the use of any prone restraint on a juvenile who is in custody at a juvenile detention facility or juvenile correctional facility or being assessed as part of the juvenile intake and assessment system.

KS SB504

Prohibiting the use of any prone restraint on a juvenile who is in custody at a juvenile detention facility or juvenile correctional facility or being assessed as part of the juvenile intake and assessment system.

KS SB208

Prohibiting the use of any prone restraint on a juvenile who is in custody at a juvenile detention facility or juvenile correctional facility or being assessed as part of the juvenile intake and assessment system.

KS HB2073

Prohibiting fines and fees from being assessed against a juvenile or a juvenile's parent, guardian or custodian in a case pursuant to the revised Kansas juvenile justice code.

KS HB2179

Prohibiting fines and fees from being assessed against a juvenile or a juvenile's parent, guardian or custodian in a case pursuant to the revised Kansas juvenile justice code.

KS HB2568

Prohibiting fines and fees from being assessed against a juvenile or a juvenile's parent, guardian or custodian in a case pursuant to the revised Kansas juvenile justice code.

KS SB416

Prohibiting fines and fees from being assessed against a juvenile or a juvenile's parent, guardian or custodian in a case pursuant to the revised Kansas juvenile justice code.

Similar Bills

CA AB2657

Pupil discipline: restraint and seclusion.

CA AB878

Juveniles: restraints.

CA AB1466

Pupil discipline: restraint and seclusion: reporting.

CA AB2670

Pupil discipline: restraint and seclusion: reporting.

CA AB216

School safety: Pupil and Staff Safety Pilot Program.

CA AB692

Schoolbuses: passenger restraint systems.

CT HB07111

An Act Concerning The Restraint, Seclusion And Placing In Time Out Of Students By School Employees.

CO HB1013

Use Of Restrictive Practices In Prisons