HOUSE
                       3rd Reading Unamended
       February 25, 2015       HOUSE
       Amended 2nd Reading
                     February 24, 2015First Regular Session
               Seventieth General Assembly
                    STATE OF COLORADO
                                                REENGROSSED
                       This Version Includes All Amendments
                       Adopted in the House of Introduction
 LLS NO. 15-0532.02 Michael Dohr x4347   HOUSE BILL 15-1091
                    HOUSE SPONSORSHIP
 Lontine,  Salazar, Buckner, Kagan, McCann, Rosenthal, Singer
 
                   SENATE SPONSORSHIP
 Merrifield, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the use of restraints on a juvenile during a court
            proceeding.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            The bill requires each judicial district to develop and implement
       a policy regarding juvenile shackling by December 31, 2015. The policy
       must be developed with input from the judicial department, law
       enforcement agencies, public defenders' offices, and district attorneys'
       offices and must consider research, legal precedent, and recognized best
       practices regarding shackling juveniles. The state court administrator
       shall report to the house and senate judiciary committees, or to any
       successor committees, by January 31, 2016, regarding the policies
       developed by each judicial district.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  Legislative declaration. (1)  The general assembly
       hereby finds and declares that:
            (a)  The purpose of the juvenile justice system is to provide a
       rehabilitative and not solely punitive approach to juvenile delinquency,
       and the indiscriminate use of physical restraints on a juvenile undermines
       the rehabilitative goals of the juvenile justice system;
            (b)  The National Center for Mental Health and Juvenile Justice
       has found that the use of physical restraints on a juvenile can be traumatic
       and psychologically harmful; and
            (c)  The use of physical restraints, such as handcuffs, chains, irons,
       or straitjackets, during a court proceeding is particularly problematic in
       light of the need for the court to focus on rehabilitation and positive
       interaction with the juvenile.
            (2)  Therefore, it is the responsibility of the court to determine
       what least restrictive alternative is used by a law enforcement officer
       when a juvenile is before the court for a hearing regarding a juvenile
       delinquency action, consistent with the goals of the "Colorado Children's
       Code".
            SECTION 2.  In Colorado Revised Statutes, add 19-2-115 as
       follows:
            19-2-115.  Use of restraints on a juvenile. (1)  The chief judge
       of each judicial district shall develop, in conjunction with
       representatives from the judicial department, law enforcement
       agencies, public defenders' offices, district attorneys' offices,
       and any other agencies determined necessary by the chief judge,
       an appropriate and evidence-based policy regarding juvenile
       shackling in the courtroom that addresses the needs of the
       juvenile and protects public safety.
            (2)  In developing the policy, each judicial district shall
       consider the national research regarding the indiscriminate
       and non-individualized use of shackling, the relevant statutory
       and case law, whether there should be a presumption against
       the shackling of certain juveniles in the courtroom based on
       research and assessment, and the best practices and procedures
       that have been developed in Colorado jurisdictions and other
       states. Additionally, each judicial district shall also consider
       the particularized security needs of the local jurisdiction
       relating to the facility, recognizing that the appropriate policy
       regarding juvenile shackling in the courtroom may need to be
       different for various court facilities within the judicial
       district, available security personnel, and other resources, in
       light of the court's ultimate responsibility to treat each
       juvenile in a rehabilitative fashion consistent with the goals of
       this title.
            (3)  Each judicial district shall develop the required
       shackling policy by July 1, 2016, and the policy shall be issued
       with the full force and effect of a court order and shall be
       available to the public upon request.
            (4)  The state court administrator shall report to the
       judiciary committees of the house of representatives and senate,
       or to any successor committees, by January 31, 2017, regarding 
       the juvenile shackling policies developed by each judicial
       district.
            SECTION 3.  Safety clause. The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.