HB474 Alabama 2015 Session

Summary

Primary Sponsor

Merika ColemanSenator

Democrat

Session

Regular Session 2015

Title

Juveniles, court proceedings, restraints prohibited unless certain conditions met

Summary

HB474 would generally prohibit restraining juveniles in court and require a hearing with findings before any restraint is used, allowing restraints only under specific conditions.

What This Bill Does

It creates a presumption against using restraints on juveniles during a court proceeding. Restraints may be used only if the court finds they are necessary to prevent serious harm, disruptive behavior, flight risk, or if the juvenile is charged with certain felonies, and only when no less restrictive alternatives are available. The court must hold a hearing and allow the juvenile's attorney to be heard before ordering restraints, and it must issue findings of fact to support the decision. The act also provides guidelines for corrections staff and becomes effective on the first day of the third month after passage and governor approval.

Who It Affects

• Juveniles appearing in court, who would be restrained only under defined conditions and with procedural protections.
• Juvenile attorneys, who must be given an opportunity to be heard before any restraint order is issued.
• Judges and other court personnel, who must conduct hearings, evaluate the listed factors, and issue findings of fact when restraints are ordered.
• Corrections staff and security personnel, who would follow the new guidelines for restraint use during court proceedings.

Key Provisions

• Presumption that no restraints may be used on a juvenile during a court proceeding, with restraints allowed only if the court finds a specific need.
• Enumerated conditions allowing restraints: threat of serious harm, demonstrable recent disruptive behavior in court, the juvenile being charged with a Class A or Class B felony, or a flight risk or security threat to the courtroom; requires absence of less restrictive alternatives.
• Mandatory hearing and opportunity for the juvenile's attorney to be heard before restraint orders, plus required findings of fact to support any order.
• Judge may reconsider the ruling if new information arises; effective date specified as the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Courts