PROPOSED CHANGE TO FLORIDA RULES OF JUVENILE PROCEDURE

RULE 8.100.  GENERAL PROVISIONS FOR HEARINGS

    Unless otherwise provided, the following provisions apply to all hearings:

    b.  Use of Restraints on the Child.  Instruments of restraint, such as handcuffs, chains, irons, or straitjackets, may not be used on a child during a court proceeding and must be removed prior to the child's appearance before the court unless the court finds both that:

                1.  The use of restraints is necessary due to one of the following factors:

                        A.  Instruments of restraint are necessary to prevent physical harm 
                             to the child or another person;

                        B.  The child has a history of disruptive courtroom behavior that has placed others 
                             in potentially harmful situations or presents a substantial risk of inflicting physical 
                             harm on himself or others as evidenced by recent behavior; or

                        C.  There is a founded belief that the child presents a substantial risk of flight from 
                              the courtroom; and

                2.  There are no less restrictive alternatives to restraints that will prevent flight or physical 
                     harm to the child or another person.