CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 878

Introduced by Assembly Member Gipson

February 16, 2017

An act to add Section 210.6 to the Welfare and Institutions Code, relating to juveniles.


LEGISLATIVE COUNSEL'S DIGEST


AB 878, as introduced, Gipson. Juveniles: restraints.
Under existing law, a female ward of a local juvenile facility who is known to be pregnant or in recovery from delivery may not be restrained, unless deemed necessary for the safety and security of the inmate, the staff, or the public.
This bill would prohibit the use of restraints on a minor during transportation outside of a local juvenile facility, camp, ranch, or forestry camp, except as provided, or during a juvenile court proceeding.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 210.6 is added to the Welfare and Institutions Code, to read:

210.6.
 (a) (1) Except as provided in paragraph (2), instruments of restraint, including, but not limited to, handcuffs, chains, irons, straitjackets or cloth or leather restraints, and other similar items, may not be used on a minor during transportation outside of a local juvenile facility, camp, ranch, or forestry camp.
(2) Handcuffs may be used during the transportation of a minor outside of a local juvenile facility, camp, ranch, or forestry camp upon a determination made pursuant to a standardized assessment instrument developed by the transporting agency that handcuffs are necessary to prevent physical harm to the juvenile or another person or due to a substantial risk of flight. However, handcuffs may not be fastened behind a minor’s back. The determination and the reasons for the determination shall be documented.
(b) Instruments of restraint, including, but not limited to, handcuffs, chains, irons, straitjackets, or cloth or leather restraints, and other similar items, may not be used on a minor during a juvenile court proceeding. Restraints shall be removed prior to the minor being brought into the courtroom and appearing before the juvenile court.