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To enact section 2151.351 of the Revised Code to | 1 |
require restraints to be removed from an alleged | 2 |
or adjudicated delinquent child prior to the | 3 |
commencement of a juvenile court hearing or | 4 |
proceeding unless the court determines that the | 5 |
use of restraints is necessary to prevent physical | 6 |
harm to the child or another person or to prevent | 7 |
the child from escaping. | 8 |
Section 1. That section 2151.351 of the Revised Code be | 9 |
enacted to read as follows: | 10 |
Sec. 2151.351. (A) Except as provided in division (B) of this | 11 |
section, restraints shall be removed from an alleged or | 12 |
adjudicated delinquent child prior to the commencement of a | 13 |
juvenile court hearing or proceeding concerning the child. | 14 |
(B) Restraints may be placed on an alleged or adjudicated | 15 |
delinquent child during a juvenile court hearing or proceeding if | 16 |
the court determines that restraints are necessary for either of | 17 |
the following: | 18 |
(1) To prevent physical harm to the child or another person; | 19 |
(2) To prevent the child from fleeing or attempting to flee | 20 |
the hearing or proceeding. | 21 |
(C) The presiding juvenile court judge shall determine | 22 |
whether to place restraints on an alleged or adjudicated | 23 |
delinquent child in a juvenile court hearing or proceeding. | 24 |
(D) The juvenile court may consider on a case-by-case basis a | 25 |
motion brought by a juvenile court prosecutor or law enforcement | 26 |
officer requesting the court to place an alleged or adjudicated | 27 |
delinquent child in restraints during a juvenile court hearing or | 28 |
proceeding. | 29 |
(E) As used in this section, "restraints" means handcuffs, | 30 |
chains, irons, or other devices used to restrain a person's | 31 |
movements. | 32 |