AB 878: Juveniles: restraints.

Under existing law, a female ward of a local juvenile facility who is known to be pregnant or in recovery from delivery may not be restrained, unless deemed necessary for the safety and security of the inmate, the staff, or the public.

This bill would authorize the use of mechanical restraints on a juvenile during transportation outside of a local secure juvenile facility, camp, ranch, or forestry camp, only upon a determination by the probation department, in consultation with the transporting agency, that restraints are necessary to prevent physical harm to the juvenile or another person or due to a substantial risk of flight. The bill would require a county probation department that chooses to use mechanical restraints other than handcuffs to establish procedures for the documentation of use of mechanical restraints other than handcuffs, including the reasons for the use of those restraints. The bill would authorize the use of mechanical restraints during a juvenile court proceeding if the court determines that the individual juveniles behavior in custody or in court establishes a manifest need to use mechanical restraints to prevent physical harm to the juvenile or another person or due to a substantial risk of flight. The bill would require the court to document the reasons for the use of mechanical restraints in the record. If mechanical restraints are used pursuant to these provisions, the bill would require that the least restrictive form of restraint be used under the circumstances.