{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-276.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-276.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-276.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-276.4.html"}],"law_id":82701,"edition_id":1,"section_id":82701,"structure_id":13301,"section_number":"16.1-276.4","catch_line":"Use of restraints on juveniles in court prohibited; exceptions","history":"2025, cc. 454, 470.","full_text":"A\n\nAs used in this section, “instruments of restraint” includes handcuffs, chains, irons, straightjackets, and electronic restraint devices. “Instruments of restraint” does not include an electronic device used for home electronic monitoring.B\n\nInstruments of restraint shall not be used on a juvenile during a delinquency proceeding in a juvenile and domestic relations district court unless, upon motion of the attorney for the Commonwealth or on the court’s own motion sua sponte, such court orders the use of such restraints prior to such juvenile’s appearance in the courtroom pursuant to subsection C.C\n\nThe court may order the use of instruments of restraint on a juvenile upon making a finding that (i) the use of such restraints is necessary (a) to prevent physical harm to such juvenile or another person, (b) because such juvenile has a history of disruptive courtroom behavior that has placed others in potentially harmful situations or presents a clear and substantial threat of serious harm to himself or others as evidenced by recent behavior, or (c) because such juvenile presents a substantial risk of flight from the courtroom and (ii) there are no less restrictive alternatives to such restraints that will prevent flight of or harm to such juvenile or another person, including court personnel or law-enforcement officers.D\n\nThe juvenile shall be entitled to an attorney prior to a hearing on the use of instruments of restraint pursuant to the provisions of this section. The court shall provide the juvenile’s attorney an opportunity to be heard before the court orders the use of instruments of restraint pursuant to subsection C, and the juvenile’s attorney may waive the juvenile’s appearance at such hearing. If such restraints are ordered, the court shall communicate to the parties the basis of the decision either orally or in writing.","order_by":null,"text":{"0":{"id":296296,"text":"As used in this section, “instruments of restraint” includes handcuffs, chains, irons, straightjackets, and electronic restraint devices. “Instruments of restraint” does not include an electronic device used for home electronic monitoring.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":296297,"text":"Instruments of restraint shall not be used on a juvenile during a delinquency proceeding in a juvenile and domestic relations district court unless, upon motion of the attorney for the Commonwealth or on the court’s own motion sua sponte, such court orders the use of such restraints prior to such juvenile’s appearance in the courtroom pursuant to subsection C.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":296298,"text":"The court may order the use of instruments of restraint on a juvenile upon making a finding that (i) the use of such restraints is necessary (a) to prevent physical harm to such juvenile or another person, (b) because such juvenile has a history of disruptive courtroom behavior that has placed others in potentially harmful situations or presents a clear and substantial threat of serious harm to himself or others as evidenced by recent behavior, or (c) because such juvenile presents a substantial risk of flight from the courtroom and (ii) there are no less restrictive alternatives to such restraints that will prevent flight of or harm to such juvenile or another person, including court personnel or law-enforcement officers.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":296299,"text":"The juvenile shall be entitled to an attorney prior to a hearing on the use of instruments of restraint pursuant to the provisions of this section. The court shall provide the juvenile’s attorney an opportunity to be heard before the court orders the use of instruments of restraint pursuant to subsection C, and the juvenile’s attorney may waive the juvenile’s appearance at such hearing. If such restraints are ordered, the court shall communicate to the parties the basis of the decision either orally or in writing.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13301,"edition_id":1,"name":"Adjudication","identifier":"8","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 03:44:36","date_modified":"2026-06-26 03:44:36","permalink":{"id":161719,"object_type":"structure","relational_id":13301,"identifier":"8","token":"16.1\/11\/8","url":"\/16.1\/11\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12701,"edition_id":1,"name":"Juvenile and Domestic Relations District Courts","identifier":"11","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160945,"object_type":"structure","relational_id":12701,"identifier":"11","token":"16.1\/11","url":"\/16.1\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":84576,"structure_id":13301,"section_number":"16.1-273","catch_line":"Court may require investigation of social history and preparation of victim impact statement","url":"\/16.1-273\/","token":"16.1\/11\/8\/16.1-273","metadata":false},{"id":56443,"structure_id":13301,"section_number":"16.1-274","catch_line":"Time for filing of reports; copies furnished to attorneys; amended reports; fees","url":"\/16.1-274\/","token":"16.1\/11\/8\/16.1-274","metadata":false},{"id":66915,"structure_id":13301,"section_number":"16.1-274.1","catch_line":"Admission of evidence of juvenile's age","url":"\/16.1-274.1\/","token":"16.1\/11\/8\/16.1-274.1","metadata":false},{"id":75959,"structure_id":13301,"section_number":"16.1-274.2","catch_line":"Certain education records as evidence","url":"\/16.1-274.2\/","token":"16.1\/11\/8\/16.1-274.2","metadata":false},{"id":68027,"structure_id":13301,"section_number":"16.1-275","catch_line":"Physical and mental examinations and treatment; nursing and medical care","url":"\/16.1-275\/","token":"16.1\/11\/8\/16.1-275","metadata":false},{"id":87109,"structure_id":13301,"section_number":"16.1-276","catch_line":"Fees and travel expenses of witnesses","url":"\/16.1-276\/","token":"16.1\/11\/8\/16.1-276","metadata":false},{"id":64722,"structure_id":13301,"section_number":"16.1-276.1","catch_line":"Repealed","url":"\/16.1-276.1\/","token":"16.1\/11\/8\/16.1-276.1","metadata":false},{"id":79168,"structure_id":13301,"section_number":"16.1-276.2","catch_line":"Transportation orders in certain proceedings","url":"\/16.1-276.2\/","token":"16.1\/11\/8\/16.1-276.2","metadata":false},{"id":76333,"structure_id":13301,"section_number":"16.1-276.3","catch_line":"Use of telephonic communication systems or electronic video and audio communication systems to conduct hearing","url":"\/16.1-276.3\/","token":"16.1\/11\/8\/16.1-276.3","metadata":false},{"id":82701,"structure_id":13301,"section_number":"16.1-276.4","catch_line":"Use of restraints on juveniles in court prohibited; exceptions","url":"\/16.1-276.4\/","token":"16.1\/11\/8\/16.1-276.4","metadata":false},{"id":79123,"structure_id":13301,"section_number":"16.1-277","catch_line":"Repealed","url":"\/16.1-277\/","token":"16.1\/11\/8\/16.1-277","metadata":false},{"id":73490,"structure_id":13301,"section_number":"16.1-277.01","catch_line":"Approval of entrustment agreement","url":"\/16.1-277.01\/","token":"16.1\/11\/8\/16.1-277.01","metadata":false},{"id":73075,"structure_id":13301,"section_number":"16.1-277.02","catch_line":"(Effective January 1, 2026) Petition for relief of care and custody","url":"\/16.1-277.02\/","token":"16.1\/11\/8\/16.1-277.02","metadata":false},{"id":54290,"structure_id":13301,"section_number":"16.1-277.1","catch_line":"Time limitation","url":"\/16.1-277.1\/","token":"16.1\/11\/8\/16.1-277.1","metadata":false},{"id":75663,"structure_id":13301,"section_number":"16.1-277.2","catch_line":"Rejection of plea agreement; recusal","url":"\/16.1-277.2\/","token":"16.1\/11\/8\/16.1-277.2","metadata":false}],"previous_section":{"id":76333,"structure_id":13301,"section_number":"16.1-276.3","catch_line":"Use of telephonic communication systems or electronic video and audio communication systems to conduct hearing","url":"\/16.1-276.3\/","token":"16.1\/11\/8\/16.1-276.3","metadata":false},"next_section":{"id":79123,"structure_id":13301,"section_number":"16.1-277","catch_line":"Repealed","url":"\/16.1-277\/","token":"16.1\/11\/8\/16.1-277","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-276.4\/","history_text":"

This law was first created in 2025. The record of its establishment is cataloged in chapters 454<\/a> and 470<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":161757,"object_type":"law","relational_id":82701,"identifier":"16.1-276.4","token":"16.1\/11\/8\/16.1-276.4","url":"\/16.1-276.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-276.4\/","token":"16.1\/11\/8\/16.1-276.4","dublin_core":{"Title":"Use of restraints on juveniles in court prohibited; exceptions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-276.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section, “instruments of restraint<\/span>” includes handcuffs, chains, irons, straightjackets, and electronic restraint devices. “Instruments of restraint<\/span>” does not include an electronic device used for home electronic monitoring. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Instruments of restraint<\/span> shall not be used on a juvenile during a delinquency proceeding in a juvenile and domestic relations district court unless, upon motion<\/span> of the attorney for the Commonwealth or on the court<\/span>’s own motion<\/span> sua sponte<\/span>, such court orders<\/span> the use of such restraints prior to such juvenile’s appearance<\/span> in the courtroom pursuant to subsection C. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The court<\/span> may order<\/span> the use of instruments of restraint<\/span> on a juvenile upon making a finding<\/span> that (i) the use of such restraints is necessary (a) to prevent physical harm to such juvenile or another person, (b) because such juvenile has a history of disruptive courtroom behavior that has placed others in potentially harmful situations or presents a clear and substantial threat of serious harm to himself or others as evidenced by recent behavior, or (c) because such juvenile presents a substantial risk of flight from the courtroom and (ii) there are no less restrictive alternatives to such restraints that will prevent flight of or harm to such juvenile or another person, including court personnel or law<\/span>-enforcement officers. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The juvenile shall be entitled to an attorney prior to a hearing<\/span> on the use of instruments of restraint<\/span> pursuant to the provisions of this section. The court<\/span> shall provide the juvenile’s attorney an opportunity to be heard before the court orders<\/span> the use of instruments of restraint<\/span> pursuant to subsection C, and the juvenile’s attorney may waive<\/span> the juvenile’s appearance<\/span> at such hearing<\/span>. If such restraints are ordered, the court<\/span> shall communicate to the parties the basis of the decision either orally or in writing. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nUSE OF RESTRAINTS ON JUVENILES IN COURT PROHIBITED; EXCEPTIONS (\u00a7 16.1-276.4)\n\nA. As used in this section, “instruments of restraint” includes\nhandcuffs, chains, irons, straightjackets, and electronic restraint devices.\n“Instruments of restraint” does not include an electronic device\nused for home electronic monitoring.\n\nB. Instruments of restraint shall not be used on a juvenile during a delinquency\nproceeding in a juvenile and domestic relations district court unless, upon\nmotion of the attorney for the Commonwealth or on the court’s own motion\nsua sponte, such court orders the use of such restraints prior to such\njuvenile’s appearance in the courtroom pursuant to subsection C.\n\nC. The court may order the use of instruments of restraint on a juvenile upon\nmaking a finding that (i) the use of such restraints is necessary (a) to prevent\nphysical harm to such juvenile or another person, (b) because such juvenile has\na history of disruptive courtroom behavior that has placed others in potentially\nharmful situations or presents a clear and substantial threat of serious harm to\nhimself or others as evidenced by recent behavior, or (c) because such juvenile\npresents a substantial risk of flight from the courtroom and (ii) there are no\nless restrictive alternatives to such restraints that will prevent flight of or\nharm to such juvenile or another person, including court personnel or\nlaw-enforcement officers.\n\nD. The juvenile shall be entitled to an attorney prior to a hearing on the use\nof instruments of restraint pursuant to the provisions of this section. The\ncourt shall provide the juvenile’s attorney an opportunity to be heard\nbefore the court orders the use of instruments of restraint pursuant to\nsubsection C, and the juvenile’s attorney may waive the juvenile’s\nappearance at such hearing. If such restraints are ordered, the court shall\ncommunicate to the parties the basis of the decision either orally or in\nwriting.\n\nHISTORY: 2025, cc. 454, 470.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}