THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BAKER, YUDICHAK, ARGALL, BROWNE, COSTA, ERICKSON, FERLO, FONTANA, GREENLEAF, McILHINNEY, RAFFERTY, SMUCKER, WASHINGTON, WOZNIAK AND YAW, MARCH 11, 2011

REFERRED TO JUDICIARY, MARCH 11, 2011  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, providing for the use of

restraints on juveniles during court proceedings.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 42 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 6336.2.  Use of restraints on juveniles during court

proceedings.

(a)  Use of restraints.--Except as provided for in subsection

(b), restraints such as handcuffs, chains, shackles, irons or

straitjackets shall be removed prior to the commencement of a

court proceeding.

(b)  Exception.--Restraints may be used during a court

proceeding if the court determines that:

(1)  they are necessary:

(i)  to prevent physical harm to the juvenile or

another person;

(ii)  to prevent disruptive courtroom behavior,

evidenced by a history of behavior that created

potentially harmful situations or presented substantial

risk of physical harm; or

(iii)  to prevent the juvenile, evidenced by an

escape history or other relevant factors, from fleeing

the courtroom; and

(2)  there are no less restrictive alternatives to

restraints that will prevent harm, disruptive behavior or

flight.

(c)  Additional requirements.--The child shall be provided an

opportunity to be heard regarding the necessity of restraints

before the judge orders the use of restraints. If restraints are

ordered, the judge shall make findings of fact on the record in

support of the order.

Section 2.  This act shall take effect in 60 days.