§ 419A.240 — Use of restraints during juvenile court proceedings

Oregon § 419A.240

• Jurisdiction: Oregon
• Vol.: 11
• Title 34: Human Services; Juvenile Code; Corrections
• Ch. 419A: Juvenile Code: General Provisions and Definitions

Text

During any juvenile court proceeding under this chapter and ORS chapters 419B and 419C regarding a youth, adjudicated youth or young person:
(1)(a) Instruments of physical restraint, such as handcuffs, chains, irons, straitjackets, cloth restraints, leather restraints, plastic restraints and other similar items, may not be used during the juvenile court proceeding and must be removed prior to the youth, adjudicated youth or young person being brought into the courtroom unless the court finds that the use of restraints is necessary due to an immediate and serious risk of dangerous or disruptive behavior and there are no less restrictive alternatives that will alleviate the immediate and serious risk of dangerous or disruptive behavior.
(b) If the means do not exist to remove instruments of physical restraint as described in paragraph (a) of this subsection prior to the youth, adjudicated youth or young person being brought into the courtroom, such restraints shall be removed prior to commencement of the proceeding.
(c) Instruments of physical restraint removed under this subsection must remain removed for the duration of the proceeding.
(2) In determining whether an immediate and serious risk of dangerous or disruptive behavior exists, the court may consider:
(a) Whether the youth, adjudicated youth or young person has a history of dangerous or disruptive behavior that has placed the youth, adjudicated youth or young person or others in potentially harmful situations as evidenced by recent behavior;
(b) Whether the youth, adjudicated youth or young person presents a substantial risk of inflicting physical harm on himself or others; and
(c) Whether the youth, adjudicated youth or young person presents a substantial risk of flight from the courtroom or courtroom premises.
(3) In determining whether a less restrictive alternative will alleviate the immediate and serious risk of dangerous or disruptive behavior, the court may consider the presence of court personnel, law enforcement officers, juvenile department staff or counselors, or bailiffs.
(4) When the use of restraints is requested by a law enforcement agency, the juvenile department or other party to the juvenile court proceeding, the request must be made in writing and presented to the court and other parties prior to the youth, adjudicated youth or young person’s appearance in the courtroom for the juvenile court proceeding. The request must describe discrete, recent, concrete and observable examples of behaviors or risk factors that justify the use of restraints.
(5) The court shall provide the attorney for the youth, adjudicated youth or young person an opportunity to be heard prior to ordering the use of restraints. If restraints are ordered, the court shall make written findings of fact in support of the order.
(6) Any restraints used must allow the youth, adjudicated youth or young person limited movement of the hands to read and handle documents and writings necessary to the juvenile court proceeding. Under no circumstances should a youth, adjudicated youth or young person be restrained to a stationary object or another person.
(7) Restraints may not be used as punishment, for convenience or as a substitute for staff supervision.

Legislative History

2017 c.257 §2; 2021 c.489 §48