                                 CODE OF VIRGINIA

USE OF RESTRAINTS ON JUVENILES IN COURT PROHIBITED; EXCEPTIONS (§ 16.1-276.4)

A. As used in this section, &#8220;instruments of restraint&#8221; includes
handcuffs, chains, irons, straightjackets, and electronic restraint devices.
&#8220;Instruments of restraint&#8221; does not include an electronic device
used for home electronic monitoring.

B. 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&#8217;s own motion
sua sponte, such court orders the use of such restraints prior to such
juvenile&#8217;s appearance in the courtroom pursuant to subsection C.

C. 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.

D. 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&#8217;s attorney an opportunity to be heard
before the court orders the use of instruments of restraint pursuant to
subsection C, and the juvenile&#8217;s attorney may waive the juvenile&#8217;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.

HISTORY: 2025, cc. 454, 470.