SENATE BILL 378

48th legislature - STATE OF NEW MEXICO - second session, 2008

INTRODUCED BY

Mary Kay Papen

AN ACT

RELATING TO JUVENILE JUSTICE; PROHIBITING THE USE OF PHYSICAL RESTRAINTS ON A CHILD IN THE COURTROOM UNLESS ORDERED BY THE COURT IN CERTAIN CIRCUMSTANCES; REQUIRING FINDINGS OF FACT IN SUPPORT OF THE ORDER.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. A new section of the Children's Code is enacted to read:

     "[NEW MATERIAL] USE OF PHYSICAL RESTRAINTS.--A court shall not allow the use of physical restraints on a child in the courtroom unless the court finds the restraints to be reasonably necessary to maintain order, prevent the child's escape or provide for the safety of others in the courtroom. A court shall provide the child and the child's attorney an opportunity to be heard to contest the use of physical restraints before the court orders the use of restraints. If physical restraints are ordered, the court shall make findings of fact in support of the order."

- 2 -