Bill Text: MI HB4802 | 2019-2020 | 100th Legislature | Introduced


Bill Title: Juveniles; criminal procedure; use of restraints on juveniles during court proceedings; prohibit in certain circumstances. Amends 1939 PA 288 (MCL 710.21 - 712B.41) by adding sec. 1a to ch. XIIA.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2019-07-02 - Bill Electronically Reproduced 07/02/2019 [HB4802 Detail]

Download: Michigan-2019-HB4802-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4802

 

 

June 26, 2019, Introduced by Reps. Reilly, Steven Johnson, LaFave and Byrd and referred to the Committee on Judiciary.

 

     A bill to amend 1939 PA 288, entitled

 

"Probate code of 1939,"

 

(MCL 710.21 to 712B.41) by adding section 1a to chapter XIIA.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER XIIA

 

     Sec. 1a. (1) Instruments of restraint, including, but not

 

limited to, handcuffs, chains, irons, or straitjackets, and cloth

 

and leather restraints, may not be used on a child during a court

 

proceeding except as provided in this section.

 

     (2) A request from detention staff for a child to be placed in

 

any form of restraint in the courtroom must be made in writing to

 

the court for approval by a detention staff member holding a

 

supervisory role. The request must list and explain the factors

 


described in subsection (3)(a) to (f) that were considered in

 

making the request. The court shall conduct a hearing on the matter

 

before the court orders the use of restraints. At a hearing under

 

this section, the prosecution has the burden to establish both of

 

the following by clear and convincing evidence:

 

     (a) The use of restraints is necessary due to 1 of the

 

following factors:

 

     (i) Instruments of restraint 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.

 

     (iii) There is a founded belief that the child presents a

 

substantial risk of flight from the courtroom.

 

     (b) There is not a less restrictive alternative 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.

 

     (3) In making a determination that instruments of restraint

 

are necessary, the factors that can be considered are 1 or more of

 

the following:

 

     (a) Any past escape or attempted escape by the child.

 

     (b) Evidence of a present plan of escape by the child.

 

     (c) A believable threat by the child to harm others during

 

court.

 

     (d) A believable threat by the child to harm himself or


herself during court.

 

     (e) Evidence of self-injurious behavior on the part of the

 

child.

 

     (f) The possibility of a rescue attempt by another offender

 

still at large.

 

     (4) If restraints are ordered, the court shall make a written

 

finding of fact in support of the order. If the only risk found is

 

the risk described in subsection (2)(a)(iii), the court may only

 

authorize the use of leg restraints.

 

     (5) A restraint must allow the child sufficient movement of

 

the hands to read and handle documents and writings necessary to

 

the hearing. Under no circumstances shall a child be restrained to

 

a stationary object or another person.

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