Use of restraints on Juveniles
Dated: November 9, 2016
SUPREME COURT OF NEW JERSEY
It is ORDERED that the Rules Governing the Courts of the State of New Jersey are amended by adoption of the attached new Rule 5: 19-4, to be effective January 1, 2017.
For the Court,
Stuart Rabner
Chief Justice
Dated November 9, 2016
5:19-4. Use of Restraints on a Juvenile [new]
(ill Instruments of restraint, such as handcuffs, chains, irons, or straitjackets, cloth and leather restraints, and other similar items, shall not be used on a juvenile during a comi proceeding and must be removed prior to the juveniles entry into the courtroom. Instruments of restraint may be used if, on application to or by the comi, the court finds that:
factors:
ill The use of restraints is necessary due to one of the following
~ Instruments of restraint are necessary to prevent physical harm to the juvenile or another person; or
(ID The juvenile presents a substantial risk of flight from the courtroom; and
ill There are no less restrictive alternatives to restraints that will prevent flight or physical harm to the juvenile or another person, including, but not limited to, the presence of court personnel, law enforcement officers, or bailiffs.
Lb) In making the determination that instruments of restraint are necessary, the factors that can be considered are:
ill any past escapes or attempted escapes by the juvenile;
ill evidence of a present plan of escape involving the juvenile;
ill any credible threats by the juvenile to harm him or herself or others during comi;
iiJ evidence of self-injurious behavior on the part of the juvenile;
ill any recent history of disruptive courtroom behavior that has placed others in potentially harmful situations or presents a substantial risk of inflicting physical harm on the juvenile or others;
(fil any other factors the court deems relevant to assess present risk in the comi proceeding.
~ The court shall provide the juveniles attorney and the prosecutor an oppo1iunity to be heard before the comi orders the use of restraints. Ifrestraints are ordered, the court shall make findings of fact on the record in support of the order.
(sll If restraints are deemed necessary, the least restrictive restraints shall be used. Any restraints shall allow the juvenile limited movement of the hands to
read and handle documents and writings necessary to the hearing. Under no circumstances should a juvenile be restrained to a stationary object or another person.
Note: Adopted November 9, 2016 to be effective January 1, 2017.
