(a) As used in this section, "restraints" means a mechanical or other device that constrains the movement of a person's body or limbs.
(b) Restraints may not be used on a child appearing in court in a proceeding under this chapter unless the court finds that:
(1) the use of restraints is necessary:
(i) to prevent physical harm to the child or another; or
(ii) to prevent the child from fleeing in situations in which the child presents a substantial risk of flight from the courtroom; and
(2) there are no less restrictive alternatives to restraints that will prevent flight or physical harm to the child or another, including but not limited to the presence of court personnel, law enforcement officers, or bailiffs.
The finding in clause (1), item (i), may be based, among other things, on the child having a history of disruptive courtroom behavior or behavior while in custody for any current or prior offense that has placed others in potentially harmful situations, or presenting a substantial risk of inflicting physical harm on the child or others as evidenced by past behavior. The court may take into account the physical structure of the courthouse in assessing the applicability of the above factors to the individual child.
(c) The court shall be provided the child's behavior history and shall provide the child an opportunity to be heard in person or through counsel before ordering the use of restraints. If restraints are ordered, the court shall make findings of fact in support of the order.
(d) By April 1, 2022, each judicial district shall develop a protocol to address how to implement and comply with this section. In developing the protocol, a district shall consult with law enforcement agencies, prosecutors, public defenders within the district, and any other entity deemed necessary by the district's chief judge.
1Sp2021 c 11 art 9 s 20
Structure Minnesota Statutes
Chapters 245 - 267 — Public Welfare And Related Activities
Section 260B.001 — Title, Intent, And Construction.
Section 260B.002 — Policy On Disproportionate Minority Contact.
Section 260B.005 — Scope Of Victim Rights.
Section 260B.007 — Definitions.
Section 260B.008 — Use Of Restraints.
Section 260B.050 — Expert Assistance.
Section 260B.060 — County Home Schools.
Section 260B.070 — Existing Home Schools Continued.
Section 260B.080 — Detention Homes.
Section 260B.101 — Jurisdiction.
Section 260B.103 — Transfers From Other Courts.
Section 260B.125 — Certification.
Section 260B.130 — Extended Jurisdiction Juvenile Prosecutions.
Section 260B.143 — Procedure; Juvenile Petty And Misdemeanor Offenders.
Section 260B.151 — Summons; Notice.
Section 260B.152 — Service Of Summons, Notice.
Section 260B.154 — Failure To Obey Summons Or Subpoena; Contempt, Arrest.
Section 260B.157 — Investigation; Physical And Mental Examination.
Section 260B.159 — Classification System For Juvenile Offenders.
Section 260B.168 — Compliance With Indian Child Welfare Act.
Section 260B.175 — Taking Child Into Custody.
Section 260B.1755 — Alternative To Arrest Of Certain Juvenile Offenders Authorized.
Section 260B.176 — Release Or Detention.
Section 260B.178 — Detention Hearing.
Section 260B.181 — Place Of Temporary Custody; Shelter Care Facility.
Section 260B.185 — Extension Of Detention Period.
Section 260B.188 — Children In Custody; Responsibility For Medical Care.
Section 260B.193 — Dispositions; General Provisions.
Section 260B.198 — Dispositions; Delinquent Child.
Section 260B.199 — Placement Of Juvenile Offenders At Minnesota Correctional Facility-red Wing.
Section 260B.201 — Mandatory Commitment To Commissioner Of Corrections.
Section 260B.225 — Juvenile Traffic Offender; Procedures; Dispositions.
Section 260B.235 — Petty Offenders; Procedures; Dispositions.
Section 260B.240 — County Responsibility For Transitional Services Plans.
Section 260B.245 — Effect Of Juvenile Court Proceedings.
Section 260B.255 — Juvenile Court Disposition Bars Criminal Proceeding.
Section 260B.331 — Costs Of Care.
Section 260B.411 — New Evidence.
Section 260B.441 — Cost, Payment.
Section 260B.446 — Distribution Of Funds Recovered For Assistance Furnished.