HB 2222

Abstract

Use of restraints on juveniles in court prohibited; exceptions. Prohibits the use of instruments of restraint, as defined in the bill, on a juvenile appearing before the juvenile and domestic relations district court unless, upon motion of the attorney for the Commonwealth or on the court's own motion sua sponte, the court makes a finding that (i) the use of such restraints is necessary (a) to prevent physical harm to such juvenile or another person, (b) because such juvenile has a history of disruptive courtroom behavior that has placed others in potentially harmful situations or presents a substantial threat of serious harm to himself or others as evidenced by recent behavior, or (c) because such juvenile presents a substantial risk of flight from the courtroom and (ii) there are no less restrictive alternatives to such restraints that will prevent flight of or harm to such juvenile or another person, including court personnel or law-enforcement officers. The bill provides that the juvenile shall be entitled to an attorney prior to a hearing on the use of instruments of restraint. The bill also requires the court to provide the juvenile's attorney an opportunity to be heard before the court orders the use of instruments of restraint, and the juvenile's attorney may waive the juvenile's appearance at such hearing. Lastly, the bill requires the court, if such restraints are ordered, to communicate to the parties the basis of the decision either orally or in writing. This bill is identical to SB 1255.

An Act to amend the Code of Virginia by adding a section numbered 16.1-276.4, relating to use of restraints on juveniles in court prohibited; exceptions.