TOPEKA — Kansas legal leaders and juvenile justice advocates are backing a bill to end the use of restraints on a juvenile during court hearings, which they referred to as an unnecessary and humiliating practice.
The bill before the House Corrections and Juvenile Justice Committee, chaired by Rep. Stephen Owens, a Hesston Republican, would prohibit law enforcement or court officers from shackling juveniles to any wall, the floor, another juvenile or furniture. Under certain circumstances, if a court holds a hearing, restraints can be used in the least-restrictive way possible.
Aileen Berquist, community engagement manager for the American Civil Liberties Union of Kansas, said cuffs and shackles can cause physical and mental trauma in youth.
“There is no reason for Kansas courts to automatically shackle and restrain children appearing before them,” Berquist said. “This bill would end the practice except where absolutely necessary. In so doing, it protects the health, safety, and civil rights of children appearing before our state’s courts.”
According to the Campaign Against Indiscriminate Juvenile Shackling, as of Sept. 1, 2019, 32 states including the District of Columbia have instituted a ban or limit on the use of youth shackling.
According to an assessment conducted by the Gault Center, previously the National Juvenile Defender Center, the use of handcuffs, belly chains or leg irons for young Kansans is routine in many parts of the state.
“Assessment team members in Kansas observed one youth brought to court shackled and barefoot, and others shackled and chained to each other,” said Christina Gilbert, senior youth policy counsel for the center. “Our assessment found that shackling has become so routine in Kansas that many stakeholders no longer even notice it.”
Greg Smith, with the Johnson County Sheriff’s Office, was more cautious than others when it came to limiting the use of restraints. He said there could be instances where deputy sheriffs or court officers are unable to have a hearing in time to present information that would merit shackling.
“Deputy sheriffs providing court security are not considered officers of the court. The bill is silent on whether we can respond to an incident in the courtroom,” Smith said. “While it is logical to assume that we would be permitted to act as part of our duty to provide court security, nothing in the bill explicitly states that.”