Bill Text: CA AB878 | 2017-2018 | Regular Session | Amended

California Assembly Bill 878 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Juveniles: restraints.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2017-10-11 - Chaptered by Secretary of State - Chapter 660, Statutes of 2017. [AB878 Detail]

Download: California-2017-AB878-Amended.html

Amended IN Assembly April 04, 2017

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 amended, 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.~~ provided. The bill would authorize the use of restraints during a juvenile court proceeding if the court determines that the individual minor’s behavior in court establishes a manifest need to use restraints to prevent flight risk, threats of violence, or disruptive behavior, and would prohibit this determination from being based on the minor’s custodial status, inadequacy of the courtroom facilities, or the lack of available security personnel.

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~~ by the probation department 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.
(b) (1) Restraints may only be used during a juvenile court proceeding if the court determines that the individual minor’s behavior in court establishes a manifest need to use restraints to prevent flight risk, threats of violence, or disruptive behavior.
(2) The determination may not be based on the minor’s custodial status, inadequacy of the courtroom facilities, or the lack of available security personnel.
(3) It is the prosecution’s burden to demonstrate need.
(4) When the court makes a determination that restraints are necessary, the least restrictive alternative shall be used.