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