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.