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Senate panel advances bill limiting shackling of juveniles in court; lawmakers seek procedural fixes
Summary
The Senate Courts Committee advanced SB 1255, which would restrict use of restraints on juveniles during court appearances and require written findings by a judge before ordering restraints. Lawmakers and sheriffs debated logistics for arraignments, counsel access, and which officials should decide security measures.
SB 1255, a bill from Sen. Lamont Bagby, would prohibit the routine use of shackles and other restraints on juveniles when they appear in juvenile and domestic relations court and require a judge to make written findings before ordering restraints.
The bill’s sponsor, Senator Lamont Bagby, told the committee, "SB 1255 prohibits the use of restraints on juveniles appearing before the juvenile and domestic relations court unless certain circumstances...before the court can order a juvenile to be restrained, the court must make written findings of the facts, in support of the order." Bagby said the measure responds to jurisdictions that routinely shackle youth even when judges have asked them to stop.
The measure drew a lengthy debate about procedure. Rob Pogenglass, executive director of Justice4Virginia, told the committee the goal was to bar shackling during adjudicative court proceedings while recognizing that local procedures—video arraignments and detention practices—vary across the Commonwealth. "The overwhelming goal is that during the court proceedings...that the child not be shackled," Pogenglass said.
Elizabeth Hobbs of the Virginia Sheriffs' Association raised safety and operational concerns, noting sheriffs are statutorily responsible for courtroom security and often have limited personnel. "By Virginia code, the sheriff is responsible for courtroom security...the burden shifting from the experts in the courtroom...is supplanted by" the court, she said, urging caution on shifting control purely to judges.
Committee members pressed on the practical effect of the bill at arraignment and detention centers, where juveniles are often brought from lockups. Sen. Stewart, Sen. Perry and others worried about creating a procedure that would stall large detention dockets or leave detained juveniles waiting for counsel. Sen. Bagby and several members proposed amendments to clarify that a judge or the Commonwealth could move to order restraints before the juvenile enters the courtroom and that juveniles are entitled to counsel and that counsel may waive the juvenile’s physical appearance for the restraint-determination hearing.
After discussion the committee adopted technical amendments to make the procedural steps explicit and to clarify that the juvenile’s attorney is to be given an opportunity to be heard before a restraint order is entered. The committee voted to report the bill out of committee.
What’s next: The bill was moved out of committee with the adopted amendments. If it advances, sponsors and stakeholders said they will continue work at the drafting level to refine the procedures for arraignments, counsel access and the timing of hearings so detention operations are not hindered.
Why it matters: Advocates say the bill reduces trauma for youth in court and limits an often-routine practice of shackling children; sheriffs and court administrators say the measure must preserve courtroom security and workable procedures for high-volume dockets.
