HB485 Alabama 2016 Session

Summary

Primary Sponsor

Merika ColemanSenator

Democrat

Session

Regular Session 2016

Title

Juveniles, court proceedings, restraints prohibited unless certain conditions met

Summary

HB485 would ban most restraints on juveniles during court proceedings, require a hearing with factual findings before any restraints are used, and set specific conditions under which restraints may be necessary.

What This Bill Does

It establishes a presumption that restraints should not be used on a juvenile in court. Restraints may be used only if the judge finds one of these factors is present: risk of serious harm to the juvenile or others, recent disruptive courtroom behavior, the juvenile is charged with a Class A or B felony, or there is a flight or security risk, and there are no less restrictive alternatives. If restraints are ordered, the court must hold a hearing, the juvenile's attorney must be heard, and the court must make findings of fact; the judge can reconsider the decision if new information becomes available. The act becomes effective on the first day of the third month after it becomes law.

Who It Affects

• Juveniles under 18 appearing in court, who would generally be restrained only under narrowly defined conditions or not at all.
• Judges, attorneys, and courtroom staff involved in juvenile proceedings, who must conduct hearings, evaluate risk factors, consider less restrictive options, and document findings.

Key Provisions

• Presumption against restraints; restraints may be used only if necessary due to risk of serious harm, disruptive behavior, felony charges (Class A or B), or flight/security risk, and only if there are no less restrictive alternatives.
• Procedural requirements: the court must hold a hearing and make findings of fact before ordering restraints; the juvenile's attorney must be given an opportunity to be heard; the judge may reconsider the ruling with new information; restraints are removed prior to the juvenile's appearance unless the specified factors are present.

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