Senator Lisa Baker on the passage of SB 815 and SB 817.

The legislation was introduced to prevent what Chief Justice Ronald Castille referred to as one of the worst judicial tragedies in U.S. history the "kids for cash" scandal.

Text of senate bill 817 1 Amending Title 42 (Judiciary and Judicial Procedure) of the

2 Pennsylvania Consolidated Statutes, IN JUVENILE MATTERS,

<-- 3 providing for the use of restraints on juveniles CHILDREN

<-- 4 during court proceedings. 5 The General Assembly of the Commonwealth of Pennsylvania.

6 hereby enacts as follows:

7 Section 1. Title 42 of the Pennsylvania Consolidated

8 Statutes is amended by adding a section to read:

9 ? 6336.2. Use of restraints on juveniles CHILDREN during court

<-- 10 proceedings.

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

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

13 straitjackets shall be removed prior to the commencement of a

14 court proceeding.

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

16 proceeding if the court determines that:

17 (1) they are necessary:

1 (i) to prevent physical harm to the juvenile CHILD <-- 2 or another person;

3 (ii) to prevent disruptive courtroom behavior,

4 evidenced by a history of behavior that created

5 potentially harmful situations or presented substantial 6 risk of physical harm; or 7

(iii) to prevent the juvenile CHILD, evidenced by an <-- 8 escape history or other relevant factors, from fleeing 9 the courtroom; and 10 (2) there are no less restrictive alternatives to 11 restraints that will prevent harm, disruptive behavior or 12 flight. 13 (c) Additional requirements.--The child shall be provided an

14 opportunity to be heard regarding the necessity of restraints

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

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

17 support of the order.

18 (B) EXCEPTION.--RESTRAINTS MAY BE USED DURING A COURT

<-- 19 PROCEEDING IF THE COURT DETERMINES ON THE RECORD, AFTER

20 PROVIDING THE CHILD WITH AN OPPORTUNITY TO BE HEARD, THAT THEY

21 ARE NECESSARY:

22 (1) TO PREVENT PHYSICAL HARM TO THE CHILD OR ANOTHER

23 PERSON;

24 (2) TO PREVENT DISRUPTIVE COURTROOM BEHAVIOR, EVIDENCED

25 BY A HISTORY OF BEHAVIOR THAT CREATED POTENTIALLY HARMFUL

26 SITUATIONS OR PRESENTED SUBSTANTIAL RISK OF PHYSICAL HARM; OR

27 (3) TO PREVENT THE CHILD, EVIDENCED BY AN ESCAPE HISTORY

28 OR OTHER RELEVANT FACTORS, FROM FLEEING THE COURTROOM.

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

2011. SB0817

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