Policy for Limited Restraint on Children
The following document serves to capture the agreed upon criteria for use of restraint as determined by the Juvenile Restrain Reform Taskforce.
Use of Restraints on Juveniles in Court.
(A)There shall be a rebuttable presumption that all juveniles shall not be restrained in court. Juveniles shall not be brought before the court wearing any physical restraint devices except when ordered by the court during or prior to the hearing. Instruments of restraint;such as handcuffs, leg cuffs, shackles, chains, belts, irons or straightjackets, and all other devices which restrain an individual’s freedom of movement shall not be used on a Juvenile during a courtproceeding and must be removed prior to the Juvenile’s entry into the courtroomunless the court finds both that:
(1)The use of restraints is necessary due to one or more of the following factors:
(a)Juvenile is currently housed in isolation for dangerous behaviors to self or others; or
(b)Juvenile has made recent and credible threats of serious bodily harm to self or otherswhile in a secured facility; or
(c)Juvenile is currently under investigation for or charged with Escape or Attempted Escape from a secured facilityor Juvenile has a known current plan to escape from a secured facility or from court but is not charged; or
(d)Juvenile is currently under investigation for or charged with a Class 1 or 2 Felony where no recommendation has yet been madeby Juvenile Center personnel; AND
(2)There are no less restrictive alternatives to restraints that will prevent flight or physical harm to the Juvenile or others.
(B)The court shall provide all parties with an opportunity to be heard before the court orders theuse of restraints. If restraints are ordered, the court shall make findings of fact in support of the order. The juvenile’s defense counsel may waive the juvenile’s appearance at the hearing on the use of restraints with the consent of the juvenile.
(C)Should the court order restraints be used, the least restrictive form shall be used to be effective to address the security concern.
(D) A finding of restraint of a juvenile is limited to that court appearance only.
Boulder County Exhibit A