Creates provisions relating to the use of restraints on a child in juvenile court
Impact
Under SB718, restraints can only be applied if the court determines through a hearing that their use is necessary for specific reasons, such as preventing physical harm or addressing a child's disruptive behavior. This legislation seeks to ensure that juvenile defendants are treated with dignity and respect while still allowing judges the discretion to maintain safety in the courtroom. By limiting the use of restraints, the bill intends to create a more supportive environment for young individuals involved in the legal system.
Summary
Senate Bill 718 aims to amend Chapter 211 of the Revised Statutes of Missouri by adding a new provision relating to the use of restraints on children during juvenile court proceedings. The bill restricts the use of instruments of restraint such as handcuffs, chains, irons, or straitjackets, emphasizing that these restraints should only be used in very specific circumstances. The primary intention is to protect the rights and dignity of children appearing in court while also considering safety risks related to their behavior and potential for flight.
Contention
As discussions around the bill unfold, proponents advocate for the protection of children's rights and cite research linking the use of restraints to long-term psychological harm. They argue that many disruptive behaviors can be managed through alternative measures that do not involve physical restraints. Conversely, some opponents express concern that the bill may hinder the ability of judges to ensure courtroom safety and appropriately manage behaviors that pose risks to others. This ongoing debate underscores the balance that must be maintained between ensuring a child's rights and protecting the judicial process.