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LRB-5122/1
EAW:ahe
2019 - 2020 LEGISLATURE
February 12, 2020 - Introduced by Senators L. Taylor, Johnson, Larson and
Smith, cosponsored by Representatives Bowen, Crowley, Brostoff, Goyke,
Kolste, Neubauer, Stubbs, Subeck, Cabrera, Anderson, Considine,
Gruszynski, L. Myers, Spreitzer, Sargent and Zamarripa. Referred to
Committee on Insurance, Financial Services, Government Oversight and
Courts.
SB813,1,2 1An Act to create 48.299 (2), 938.299 (2) and 967.13 of the statutes; relating to:
2the use of restraints on a child in juvenile or criminal court.
Analysis by the Legislative Reference Bureau
This bill generally prohibits the use of restraints on anyone under the age of 18
when appearing before the court assigned to exercise jurisdiction under the
Children's Code and the Juvenile Justice Code or before the criminal court. The bill
provides that, upon a request of the district attorney, corporation counsel, or other
appropriate county official, a court may order the use of restraints on a child if, after
a hearing, it issues written findings of fact showing that the use of restraints is
necessary under certain conditions. The bill also requires that any restraints used
on a child must allow limited movement of the hands and prohibits the use of fixed
restraints that are attached to a wall, floor, or furniture.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB813,1 3Section 1 . 48.299 (2) of the statutes is created to read:
SB813,2,24 48.299 (2) (a) Except as provided in par. (b), instruments of restraint such as
5handcuffs, chains, irons, or straitjackets, cloth and leather restraints, or other
6similar items may not be used on a child during a court proceeding under this chapter

1and shall be removed prior to the child being brought into the courtroom to appear
2before the court.
SB813,2,53 (b) A court may order a child to be restrained during a court proceeding upon
4request of the district attorney, corporation counsel, or other appropriate official
5specified under s. 48.09 if the court finds all of the following:
SB813,2,66 1. That the use of restraints is necessary due to one of the following factors:
SB813,2,87 a. Instruments of restraint are necessary to prevent physical harm to the child
8or another person.
SB813,2,129 b. The child has a history of disruptive courtroom behavior that has placed
10others in potentially harmful situations or the child presents a substantial risk of
11inflicting physical harm on himself or herself or others as evidenced by recent
12behavior.
SB813,2,1413 c. There is a reasonable belief that the child presents a substantial risk of flight
14from the courtroom.
SB813,2,1715 2. That there are no less restrictive alternatives to restraints that will prevent
16flight or physical harm to the child or another person, including the presence of court
17personnel, law enforcement officers, or bailiffs.
SB813,2,2018 (c) The court shall provide the child's attorney an opportunity to be heard before
19the court orders the use of restraints under par. (b). The court shall make written
20findings of fact in support of any order to use restraints under par. (b).
SB813,2,2321 (d) If the court orders a child to be restrained under par. (b), the restraints shall
22allow the child limited movement of the hands to read and handle documents and
23writings necessary to the hearing.
SB813,2,2524 (e) No child may be restrained during a court proceeding under this chapter
25using fixed restraints attached to a wall, floor, or furniture.
SB813,2
1Section 2. 938.299 (2) of the statutes is created to read:
SB813,3,62 938.299 (2) Use of restraints on a juvenile. (a) Except as provided in par. (b),
3instruments of restraint such as handcuffs, chains, irons, or straitjackets, cloth and
4leather restraints, or other similar items may not be used on a juvenile during a court
5proceeding under this chapter and shall be removed prior to the juvenile being
6brought into the courtroom to appear before the court.
SB813,3,97 (b) A court may order a juvenile to be restrained during a court proceeding upon
8request of the district attorney, corporation counsel, or other appropriate official
9specified under s. 938.09 if the court finds all of the following:
SB813,3,1010 1. That the use of restraints is necessary due to one of the following factors:
SB813,3,1211 a. Instruments of restraint are necessary to prevent physical harm to the
12juvenile or another person.
SB813,3,1613 b. The juvenile has a history of disruptive courtroom behavior that has placed
14others in potentially harmful situations or the juvenile presents a substantial risk
15of inflicting physical harm on himself or herself or others as evidenced by recent
16behavior.
SB813,3,1817 c. There is a reasonable belief that the juvenile presents a substantial risk of
18flight from the courtroom.
SB813,3,2119 2. That there are no less restrictive alternatives to restraints that will prevent
20flight or physical harm to the juvenile or another person, including the presence of
21court personnel, law enforcement officers, or bailiffs.
SB813,3,2422 (c) The court shall provide the juvenile's attorney an opportunity to be heard
23before the court orders the use of restraints under par. (b). The court shall make
24written findings of fact in support of any order to use restraints under par. (b).
SB813,4,3
1(d) If the court orders a juvenile to be restrained under par. (b), the restraints
2shall allow the juvenile limited movement of the hands to read and handle
3documents and writings necessary to the hearing.
SB813,4,54 (e) No juvenile may be restrained during a court proceeding under this chapter
5using fixed restraints attached to a wall, floor, or furniture.
SB813,3 6Section 3 . 967.13 of the statutes is created to read:
SB813,4,12 7967.13 Use of restraints on an individual under 18 years of age. (1)
8Except as provided in sub. (2), instruments of restraint such as handcuffs, chains,
9irons, or straitjackets, cloth and leather restraints, or other similar items may not
10be used on an individual under 18 years of age during a court proceeding and shall
11be removed prior to the individual being brought into the courtroom to appear before
12the court.
SB813,4,15 13(2) A court may order an individual under 18 years of age to be restrained
14during a court proceeding upon the request of the prosecutor if the court finds all of
15the following:
SB813,4,1616 (a) That the use of restraints is necessary due to one of the following factors:
SB813,4,1817 1. Instruments of restraint are necessary to prevent physical harm to the
18individual or another person.
SB813,4,2219 2. The individual has a history of disruptive courtroom behavior that has
20placed others in potentially harmful situations or the individual presents a
21substantial risk of inflicting physical harm on himself or herself or others as
22evidenced by recent behavior.
SB813,4,2423 3. There is a reasonable belief that the individual presents a substantial risk
24of flight from the courtroom.
SB813,5,3
1(b) That there are no less restrictive alternatives to restraints that will prevent
2flight or physical harm to the individual or another person, including the presence
3of court personnel, law enforcement officers, or bailiffs.
SB813,5,7 4(3) The court shall provide the attorney of the individual under 18 years of age
5an opportunity to be heard before the court orders the use of restraints under sub.
6(2). The court shall make written findings of fact in support of any order to use
7restraints under sub. (2).
SB813,5,10 8(4) If the court orders an individual under 18 years of age to be restrained under
9sub. (2), the restraints shall allow the individual limited movement of the hands to
10read and handle documents and writings necessary to the hearing.
SB813,5,12 11(5) No individual under 18 years of age may be restrained during a court
12proceeding using fixed restraints attached to a wall, floor, or furniture.
SB813,5,1313 (End)
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