43-251.03. Limitation on use of restraints; written findings.
208 words·~1 min read·
/ne/chapter-43/43-251-03A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Restraints shall not be used on a juvenile during a juvenile court proceeding and shall be removed prior to the juvenile's appearance before the juvenile court, unless the juvenile court makes a finding of probable cause that:
(a)The use of restraints is necessary:
(i)To prevent physical harm to the juvenile or another person;
(ii)Because the juvenile:
(A)Has a history of disruptive courtroom behavior that has placed others in potentially harmful situations; or
(B)Presents a substantial risk of inflicting physical harm on himself or herself or others as evidenced by recent behavior; or
(iii)Because the juvenile presents a substantial risk of flight from the courtroom; and
(b)There is no less restrictive alternative 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.
(2)The court shall provide the juvenile's attorney an opportunity to be heard before the court orders the use of restraints. If restraints are ordered, the court shall make written findings of fact in support of the order.
(3)For purposes of this section, restraints includes, but is not limited to, handcuffs, chains, irons, straitjackets, and electronic restraint devices.