2013-2014 Bill 520: Use of Restraints on Juveniles in Court - South Carolina Legislature Online

1 South Carolina General Assembly 2 120th Session, 2013-2014 3 4 S. 520 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Senators Jackson, Fair and Hutto 10 Document Path: l:\council\bills\nbd\11173ac13.docx 11 Companion/Similar bill(s): 440, 509, 3855 12 13 Introduced in the Senate on March 12, 2013 14 Currently residing in the Senate Committee on Judiciary 15 16 Summary: Use of restraints on juveniles in court 17 18 19 HISTORY OF LEGISLATIVE ACTIONS 20 21 Date Body Action Description with journal page number 22 3/12/2013 Senate Introduced and read first time ( Senate Journalpage 9) 23 3/12/2013 Senate Referred to Committee on Judiciary ( Senate Journalpage 9) 24 2/7/2014 Senate Referred to Subcommittee: Hutto (ch), Corbin, Young 25 26 27 VERSIONS OF THIS BILL 28 29 3/12/2013 30 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, BY ADDING SECTION 63191435 SO AS TO PROVIDE 13 THAT THE USE OF RESTRAINTS ON JUVENILES 14 APPEARING IN COURT ARE PROHIBITED UNLESS THE 15 RESTRAINTS ARE NECESSARY TO PREVENT HARM OR IF 16 THE JUVENILE IS A FLIGHT RISK AND THERE ARE NO 17 LESS RESTRICTIVE ALTERNATIVES AVAILABLE; TO 18 GIVE A JUVENILE’S ATTORNEY THE RIGHT TO BE 19 HEARD BEFORE THE COURT ORDERS THE USE OF 20 RESTRAINTS; AND IF RESTRAINTS ARE ORDERED, TO 21 REQUIRE THE COURT TO MAKE FINDINGS OF FACT IN 22 SUPPORT OF THE ORDER. 23 24 Be it enacted by the General Assembly of the State of South 25 Carolina: 26 27 SECTION 1. Article 13, Chapter 19, Title 63 of the 1976 Code is 28 amended by adding: 29 30 “Section 63191435. (A) If a juvenile appears before the court 31 wearing instruments of restraint, such as handcuffs, chains, irons, 32 or straightjackets, the court in any proceeding may not continue 33 with the juvenile required to wear instruments of restraint unless 34 the court first finds that: 35 (1) the use of restraints is necessary due to one of the 36 following factors: 37 (a) the juvenile poses a threat of serious harm to himself 38 or others; 39 (b) the juvenile has a demonstrable recent record of 40 disruptive courtroom behavior that has placed others in potentially 41 harmful situations; or

[520] 2 1 (c) there is reason to believe the juvenile is a flight risk; 2 and 3 (2) there are no less restrictive alternatives to restraints that 4 will prevent flight or physical harm to the juvenile or another 5 person, including, but not limited to, court personnel, law 6 enforcement officers, or bailiffs. 7 (B) The court shall provide the juvenile’s attorney an 8 opportunity to be heard before the court orders the use of 9 restraints. If restraints are ordered, the court shall make findings 10 of fact in support of the order.” 11 12 SECTION 2. This act takes effect upon approval by the 13 Governor. 14 XX 15

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