Senate Bill 2767

AN ACT TO PROHIBIT THE USE OF INSTRUMENTS OF RESTRAINT UPON ANY CHILD WHO APPEARS BEFORE YOUTH COURT UNLESS CERTAIN FINDINGS ARE MADE BY THE YOUTH COURT JUDGE; TO PROVIDE, WHENEVER PRACTICABLE, THAT ALL PARTIES MAY BE HEARD BY THE YOUTH COURT ON THE PROPOSED USE OF SUCH RESTRAINTS; TO REQUIRE THAT IF INSTRUMENTS OF RESTRAINTS ARE USED, THEN THE YOUTH COURT JUDGE MUST MAKE A WRITTEN FINDINGS OF FACT IN SUPPORT OF THE ORDER; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) Instruments of restraint, such as handcuffs, chains, irons or straitjackets, may not be used on a child during a court proceeding and must be removed prior to the child's appearance before the youth court, unless the court finds both that:

(a) The use of restraints is necessary due to one (1) of the following factors:

(i) Instruments of restraints are necessary to prevent physical harm to the child or another person;

(ii) The child has a history of disruptive courtroom behavior that has placed others in potentially harmful situations or presents a substantial risk of inflicting physical harm on himself or herself or others as evidenced by recent behavior; or

(iii) There is a reasonable belief, due to the behavior of the child, that the child presents a substantial risk of flight from the court room; and

(b) There are no less restrictive alternatives to restraints that will prevent flight or physical harm to the child or another person, including, but not limited to, the presence of court personnel, law enforcement officers or bailiffs.

(2) Unless an emergency exists, before any child is ordered restrained, the court shall permit any party, including, but not limited to, attorneys, counselors, guardians ad litem and Court Appointed Special Advocates (CASA), to be heard on the issue of whether reasonable grounds exist for the use of physical restraints in a particular situation or as to a particular child.

(3) If an instrument of restraint is ordered by the court, the judge shall make written findings of fact in support of such order.

SECTION 2. This act shall take effect and be in force from and after July 1, 2016.