HB206 Alabama 2017 Session

Summary

Primary Sponsor

Merika ColemanSenator

Democrat

Session

Regular Session 2017

Title

Juveniles, court proceedings, restraints prohibited unless certain conditions met

Summary

HB206 would largely ban restraints on juveniles during court proceedings unless specific safety or flight-risk conditions are met, and it requires hearings and findings before any restraint is ordered.

What This Bill Does

It creates a default rule that no restraints may be used on a juvenile during a court proceeding. Restraints may be used only if the court finds one of the listed factors (threat of serious harm, disruptive behavior, a Class A or B felony charge, or flight risk/security threat) and only if there are no less restrictive alternatives. Before restraints are ordered, the court must hold a hearing and the juvenile's attorney must have a chance to be heard, and the court must make factual findings. The judge can reconsider the decision if new information becomes available, and the law takes effect after a defined period.

Who It Affects

• Juveniles under 18 involved in court proceedings would be restrained only under specified conditions and would gain protections like a hearing and documented findings.
• Judges, defense attorneys, prosecutors, and law enforcement/court personnel involved in juvenile cases would follow the new restraint rules, including providing the juvenile's attorney an opportunity to be heard and documenting findings.

Key Provisions

• Presumption: no instruments of restraint (handcuffs, chains, irons, straitjackets) may be used on a juvenile during a court proceeding.
• Restraints may be used only if the court finds one of the following factors exists: (a) threat of serious harm to the juvenile or others; (b) demonstrable recent disruptive courtroom behavior; (c) the juvenile has been charged with a Class A or Class B felony; (d) there is reason to believe the juvenile is a flight risk or a security threat.
• If there are any less restrictive alternatives to prevent flight or harm, those must be used instead of restraints (options include the presence of court personnel, law enforcement officers, or bailiffs).
• Absent a contempt finding, the juvenile's attorney must be given an opportunity to be heard before restraints are ordered, and any restraint order must include findings of fact.
• The judge may reconsider the restraint ruling at any time if new information arises.
• Definition: 'juvenile' means a child younger than 18 years old.
• Effective date: the act becomes law on the first day of the third month after passage/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