HOUSE 3rd Reading Unamended April 7, 2016 HOUSE Amended 2nd Reading April 6, 2016Second Regular Session Seventieth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 16-0959.01 Michael Dohr x4347 HOUSE BILL 16-1331 HOUSE SPONSORSHIP Lontine, Arndt, Fields, Kagan, McCann, Pabon, Tyler 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 restraints on a juvenile to be removed prior to any court proceeding, except when the court determines the restraints are necessary: To prevent physical harm to the juvenile or another person; To prevent disruptive courtroom behavior by the juvenile, evidenced by a history of behavior that created potentially harmful situations or presented substantial risk of physical harm; or To prevent the juvenile, from fleeing the courtroom, when evidenced by an escape history or other relevant factors. The prosecution, sheriff, or any other detention or pretrial personnel may request that an individual juvenile be restrained in the courtroom. The court shall provide the juvenile's attorney an opportunity to be heard before the court allows the use of restraints on a juvenile. The court may conduct a hearing on the use of restraints without the juvenile being present. 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 suggests 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 the rehabilitation of 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) Except as provided for in subsection (2) or (3) of this section, restraints on a juvenile, such as handcuffs, chains, shackles, irons, or a straight jacket, must be removed prior to the start of a court proceeding. (2) Restraints shall be used if the juvenile is being held for a class 1 felony, class 2 felony, or escape or attempted escape, unless the court determines on the record that restraints are unnecessary after considering the criteria set forth in subsection (3) of this section; (3) Restraints may be used during a court proceeding if the court determines on the record prior to that hearing that restraints are necessary: (a) To prevent physical harm to the juvenile or another person; (b) To prevent disruptive courtroom behavior by the juvenile, evidenced by a history of behavior that has placed others in potentially harmful situations or other recent behavior in which the juvenile presents a substantial risk of inflicting physical harm to himself or herself or others; or (c) To prevent the juvenile from fleeing the courtroom, when evidenced by an escape history or other relevant factors. (4) (a) The prosecution, the sheriff, or any other detention or pretrial personnel may request, orally or in writing, that an individual juvenile be restrained in the courtroom based upon the criteria set forth in subsection (3) of this section. (b) The court shall provide the juvenile's attorney a fair opportunity to be heard before the court allows the use of restraints on a juvenile. The court may conduct a hearing on the use of restraints without the presence of the juvenile. (5) Any restraints must allow a juvenile limited movement of the hands to read and handle documents and writings necessary to the hearing. Under no circumstances should a juvenile be restrained using fixed restraints to a wall, floor, or furniture. 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.