Bill
Bill > SB1255
summary
Introduced
01/08/2025
01/08/2025
In Committee
02/05/2025
02/05/2025
Crossed Over
02/12/2025
02/12/2025
Passed
02/17/2025
02/17/2025
Dead
Signed/Enacted/Adopted
03/24/2025
03/24/2025
Introduced Session
2025 Regular Session
Bill Summary
Use of restraints on juveniles in court prohibited; exceptions. Prohibits the use of instruments of restraint, as defined in the bill, on a juvenile appearing before the juvenile and domestic relations district court unless, upon motion of the attorney for the Commonwealth or on the court's own motion sua sponte, the court makes a finding that (i) the use of such restraints is necessary (a) to prevent physical harm to such juvenile or another person, (b) because such juvenile has a history of disruptive courtroom behavior that has placed others in potentially harmful situations or presents a substantial threat of serious harm to himself or others as evidenced by recent behavior, or (c) because such juvenile presents a substantial risk of flight from the courtroom and (ii) there are no less restrictive alternatives to such restraints that will prevent flight of or harm to such juvenile or another person, including court personnel or law-enforcement officers. The bill provides that the juvenile shall be entitled to an attorney prior to a hearing on the use of instruments of restraint. The bill also requires the court to provide the juvenile's attorney an opportunity to be heard before the court orders the use of instruments of restraint, and the juvenile's attorney may waive the juvenile's appearance at such hearing. Lastly, the bill requires the court, if such restraints are ordered, to communicate to the parties the basis of the decision either orally or in writing. This bill is identical to HB 2222.
AI Summary
This bill establishes new legal restrictions on using physical restraints (like handcuffs, chains, or electronic restraint devices) on juveniles during court proceedings in Virginia. The bill defines "instruments of restraint" and prohibits their use during delinquency proceedings unless specific conditions are met. Courts can only order restraints if they find such measures are absolutely necessary to prevent physical harm, address a history of disruptive behavior that poses a serious threat, or prevent the juvenile from fleeing the courtroom, and only after determining that no less restrictive alternatives exist. The bill requires that the juvenile be entitled to legal representation before any hearing about potential restraints, and the court must provide the juvenile's attorney an opportunity to be heard. If restraints are ultimately ordered, the court must explain the basis for its decision either verbally or in writing. The legislation aims to protect juveniles from unnecessary physical restraint during court proceedings while still maintaining provisions for courtroom safety.
Committee Categories
Justice
Sponsors (1)
Last Action
Acts of Assembly Chapter text (CHAP0470) (on 03/24/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
Document Type | Source Location |
---|---|
State Bill Page | https://lis.virginia.gov/bill-details/20251/SB1255 |
BillText | https://lis.virginia.gov/bill-details/20251/SB1255/text/CHAP0470 |
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (SB1255) | https://lis.blob.core.windows.net/files/1057331.PDF |
BillText | https://lis.virginia.gov/bill-details/20251/SB1255/text/SB1255ER |
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (SB1255) | https://lis.blob.core.windows.net/files/1043786.PDF |
BillText | https://lis.virginia.gov/bill-details/20251/SB1255/text/SB1255H1 |
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (SB1255) | https://lis.blob.core.windows.net/files/1036768.PDF |
BillText | https://lis.virginia.gov/bill-details/20251/SB1255/text/SB1255S1 |
BillText | https://lis.virginia.gov/bill-details/20251/SB1255/text/SB1255 |
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