2026 -- S 2941 | |
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LC005319 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
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A N A C T | |
RELATING TO DELINQUENT AND DEPENDENT CHILDREN -- RESTRAINT OF | |
JUVENILES | |
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Introduced By: Senators Vargas, Kallman, Lauria, Mack, and Bissaillon | |
Date Introduced: March 04, 2026 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Chapter 14-1 of the General Laws entitled "Proceedings in Family Court" is |
2 | hereby amended by adding thereto the following section: |
3 | 14-1-72. Restraint of juveniles. |
4 | (a) No handcuffs, shackles, chains, irons, or other restraints shall be used on a juvenile |
5 | during transport to or from a court proceeding, during transport to any facility outside of the Rhode |
6 | Island training school for youth, or while appearing in a court proceeding, except in accordance |
7 | with the provisions of this section. |
8 | (b) A juvenile shall not be placed in physical restraints during transportation unless there |
9 | is a determination that such restraints are necessary due to one or more of the following |
10 | circumstances: |
11 | (1) There is reason to believe that the juvenile presents an immediate and credible risk of |
12 | escape that cannot be adequately mitigated through less restrictive means; or |
13 | (2) The juvenile poses a threat to the juvenile’s own safety or to the safety of others. |
14 | (3) If restraints are used on a juvenile pursuant to this section, the sheriff shall submit to |
15 | the director of the department of public safety within five (5) days a report articulating the grounds |
16 | that dictated the use of restraints. |
17 | (4) The department shall submit to the general assembly in January of each year a report |
18 | disclosing the number of juveniles who were subjected to restraints pursuant to this section, and |
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1 | the grounds for their use. No individually identifying information of any juvenile shall be included |
2 | in the report. |
3 | (c) A juvenile shall not be placed in physical restraints during any court proceeding unless |
4 | the court presiding over the proceeding makes a specific finding, on the record, that such restraints |
5 | are necessary due to one or more of the following circumstances: |
6 | (1) The court has reason to believe that the juvenile presents an immediate and credible |
7 | risk of escape that cannot be adequately mitigated through less restrictive means; or |
8 | (2) The juvenile poses a threat to the juvenile’s own safety or to the safety of other persons |
9 | present in the courtroom. |
10 | (3) The use of restraints is reasonably necessary to maintain order and security in the |
11 | courtroom. |
12 | (4) The court shall submit to the general assembly in January of each year a report |
13 | disclosing the number of juveniles who were subjected to restraints pursuant to this section, and |
14 | the grounds for their use. No individually identifying information of any juvenile shall be included |
15 | in the report. |
16 | (d) If a determination is made that restraints are necessary, the least restrictive form of |
17 | restraint shall be used consistent with the legitimate security needs of each juvenile. |
18 | SECTION 2. This act shall take effect upon passage. |
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LC005319 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO DELINQUENT AND DEPENDENT CHILDREN -- RESTRAINT OF | |
JUVENILES | |
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1 | This act would limit use of restraints on juveniles in transport and court proceedings to |
2 | safety or escape risks, require least restrictive methods, and mandate reporting on when and why |
3 | restraints were used. |
4 | This act would take effect upon passage. |
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LC005319 | |
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