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S 2941Criminal Procedure

Delinquent and Dependent Children - Restraint of Juveniles

This bill bans handcuffing juveniles during transport or court unless there is a specific safety threat or escape risk.

Held for study
Population
Affected
15
Introduced Mar 4, 2026Committee Senate Judiciary

Plain-English Summary

This legislation prohibits the use of handcuffs, shackles, or other physical restraints on juveniles during transportation or while appearing in court, with specific exceptions. Restraints may only be used if there is a documented risk of escape or a threat to safety. If restraints are used during transport, the sheriff must file a report. If used in court, the judge must formally state the necessity on the record. Additionally, the Department of Public Safety and the courts must provide annual reports to the General Assembly detailing how often and why restraints were used on minors.

For younger readers

This new rule changes how police or guards treat young people (under 18) when taking them to court. Usually, the guards are not allowed to use handcuffs or chains on them. They can only use them if they are sure the young person might try to run away or hurt themselves or someone else. If they do use handcuffs, they have to write down exactly why. Also, the courts must tell the government leaders once a year how many times they had to use restraints, but they will not share the names of the children.

Who & Where It Applies

Impacted groups
Juveniles in state custodyRhode Island SheriffsFamily Court JudgesDepartment of Public SafetyDepartment of Children Youth and Families (DCYF)
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
Amount unknown
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Promotes the human dignity and mental well-being of youth by ending the indiscriminate practice of shackling children, which is known to be traumatizing, stigmatizing, and counter-productive to rehabilitation.
  • Increases systemic transparency and accountability by requiring law enforcement and judges to document and justify every instance where physical restraints are deemed necessary.
  • Ensures that the justice system uses the "least restrictive means" possible, shifting the default approach away from treating all juveniles as dangerous criminals and towards a more humane, safety-focused model.
  • Allows for "maintaining order" as a valid justification for restraints in the courtroom, providing a potentially vague loophole that judges could use to bypass the reformative intent of the law.
  • Relies on the Department of Public Safety and the courts to self-report their usage of restraints without establishing an independent oversight body to verify the validity of their safety determinations.
  • Does not explicitly establish penalties or a clear grievance process for juveniles if a sheriff or official violates the law and uses restraints without meeting the required criteria.
For Conservatives
  • Preserves law and order by explicitly retaining the authority of law enforcement and judges to use restraints whenever there is a credible risk of escape or a threat to physical safety.
  • Enhances government accountability by mandating that state agencies and courts report to the General Assembly, allowing for legislative oversight of executive and judicial practices.
  • Upholds constitutional due process principles by ensuring that significant restrictions on physical liberty within a courtroom are based on specific findings rather than arbitrary administrative convenience.
  • Imposes additional administrative burdens and paperwork on sheriffs and court staff, diverting time and resources away from their primary duties of maintaining security and processing cases.
  • Restricts the immediate discretion of law enforcement officers to secure detainees as they see fit, potentially increasing the risk of sudden violence or escape attempts during transport.
  • Represents a legislative interference into the operations of the judiciary, dictating how judges must manage the security and decorum of their own courtrooms.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 33 additions

SECTION 1. Chapter 14-1 of the General Laws entitled "Proceedings in Family Court" is hereby amended by adding thereto the following section: 14-1-72. Restraint of juveniles.

(a) No handcuffs, shackles, chains, irons, or other restraints shall be used on a juvenile during transport to or from a court proceeding, during transport to any facility outside of the Rhode Island training school for youth, or while appearing in a court proceeding, except in accordance with the provisions of this section.

(b) A juvenile shall not be placed in physical restraints during transportation unless there is a determination that such restraints are necessary due to one or more of the following circumstances:

(1) There is reason to believe that the juvenile presents an immediate and credible risk of escape that cannot be adequately mitigated through less restrictive means; or

(2) The juvenile poses a threat to the juvenile’s own safety or to the safety of others.

(3) If restraints are used on a juvenile pursuant to this section, the sheriff shall submit to the director of the department of public safety within five (5) days a report articulating the grounds that dictated the use of restraints.

(4) The department shall submit to the general assembly in January of each year a report disclosing the number of juveniles who were subjected to restraints pursuant to this section, and the grounds for their use. No individually identifying information of any juvenile shall be included in the report.

(c) A juvenile shall not be placed in physical restraints during any court proceeding unless the court presiding over the proceeding makes a specific finding, on the record, that such restraints are necessary due to one or more of the following circumstances:

(1) The court has reason to believe that the juvenile presents an immediate and credible risk of escape that cannot be adequately mitigated through less restrictive means; or

(2) The juvenile poses a threat to the juvenile’s own safety or to the safety of other persons present in the courtroom.

(3) The use of restraints is reasonably necessary to maintain order and security in the courtroom.

(4) The court shall submit to the general assembly in January of each year a report disclosing the number of juveniles who were subjected to restraints pursuant to this section, and the grounds for their use. No individually identifying information of any juvenile shall be included in the report.

(d) If a determination is made that restraints are necessary, the least restrictive form of restraint shall be used consistent with the legitimate security needs of each juvenile.

SECTION 2. This act shall take effect upon passage.