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| 2 | 2 | | FIRST REGULAR SESSION |
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| 3 | 3 | | SENATE BILL NO. 718 |
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| 4 | 4 | | 103RD GENERAL ASSEMBLY |
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| 5 | 5 | | INTRODUCED BY SENATOR ROBERTS. |
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| 6 | 6 | | 2778S.01I KRISTINA MARTIN, Secretary |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | To amend chapter 211, RSMo, by adding thereto one new section relating to the use of restraints |
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| 9 | 9 | | on a child in juvenile court. |
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| 10 | 10 | | |
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| 11 | 11 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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| 12 | 12 | | Section A. Chapter 211, RSMo, is am ended by adding thereto 1 |
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| 13 | 13 | | one new section, to be known as section 211.436, to read as 2 |
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| 14 | 14 | | follows:3 |
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| 15 | 15 | | 211.436. 1. Instruments of restraint, including 1 |
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| 16 | 16 | | handcuffs, chains, irons, or straitjackets, shall not be 2 |
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| 17 | 17 | | used on a child during a proceeding in a juvenil e court and 3 |
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| 18 | 18 | | shall be removed prior to the child's appearance before the 4 |
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| 19 | 19 | | court unless, after a hearing, the court finds both that: 5 |
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| 20 | 20 | | (1) The use of restraints is necessary due to one of 6 |
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| 21 | 21 | | the following factors: 7 |
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| 22 | 22 | | (a) Instruments of restraint are ne cessary to prevent 8 |
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| 23 | 23 | | physical harm to the child or another person; 9 |
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| 24 | 24 | | (b) The child has a history of disruptive courtroom 10 |
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| 25 | 25 | | behavior that has placed others in potentially harmful 11 |
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| 26 | 26 | | situations or presents a substantial risk of inflicting 12 |
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| 27 | 27 | | physical harm on himself or herself or others as evidenced 13 |
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| 28 | 28 | | by recent behavior; or 14 |
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| 29 | 29 | | (c) There is evidence that the child presents a 15 |
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| 30 | 30 | | substantial risk of flight from the courtroom; and 16 |
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| 31 | 31 | | (2) There are no less restrictive alternatives to 17 |
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| 32 | 32 | | restraints that will prevent flight or physical harm to the 18 SB 718 2 |
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| 33 | 33 | | child or another person including, but not limited to, the 19 |
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| 34 | 34 | | presence of court personnel, law enforcement officers, or 20 |
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| 35 | 35 | | bailiffs. 21 |
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| 36 | 36 | | 2. If the juvenile officer believes that there is an 22 |
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| 37 | 37 | | immediate safety or flight risk, a s provided under 23 |
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| 38 | 38 | | subsection 1 of this section, the juvenile officer shall 24 |
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| 39 | 39 | | advise the attorney for the child and make a request in 25 |
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| 40 | 40 | | writing prior to the commencement of the proceeding for the 26 |
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| 41 | 41 | | child to remain restrained during the court proceeding while 27 |
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| 42 | 42 | | in the presence of the parties to the proceeding. 28 |
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| 43 | 43 | | 3. If a request for restraints is made by the juvenile 29 |
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| 44 | 44 | | officer, the court shall order a hearing and provide the 30 |
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| 45 | 45 | | child's attorney an opportunity to be heard before the court 31 |
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| 46 | 46 | | orders the use of restra ints. If restraints are ordered, 32 |
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| 47 | 47 | | the court shall make findings of fact in support of the 33 |
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| 48 | 48 | | order. 34 |
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| 49 | 49 | | 4. If restraints are used, the restraints shall allow 35 |
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| 50 | 50 | | the child limited movement of the hands to read and handle 36 |
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| 51 | 51 | | documents and writings necessary to the proceeding. Under 37 |
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| 52 | 52 | | no circumstances shall a child be restrained using 38 |
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| 53 | 53 | | restraints fixed to a wall, floor, furniture, or other 39 |
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| 54 | 54 | | stationary object. 40 |
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| 55 | 55 | | |
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