Kansas 2023-2024 Regular Session

Kansas House Bill HB2115

Introduced
1/20/23  
Refer
1/20/23  

Caption

Prohibiting the use of restraints during hearings under the revised Kansas juvenile justice code unless deemed appropriate by the court.

Impact

The implications of HB 2115 are substantial as it revises existing statutes to offer greater respect for the dignity and rights of juveniles in the judicial process. By limiting the conditions under which restraints can be applied, the bill seeks to alleviate the trauma that can be associated with court appearances. This shift could enhance the mental well-being of juveniles while navigating the justice system, potentially leading to improved outcomes in their rehabilitation and reintegration into society.

Summary

House Bill 2115 addresses significant changes within the Kansas juvenile justice code, particularly concerning the use of restraints during court hearings. The bill explicitly prohibits the use of restraints on juveniles in court unless a court hearing results in a finding that such restraints are necessary for specific reasons, such as preventing harm or if the juvenile poses a substantial flight risk. The measure aims to promote a more rehabilitative environment for juveniles during court proceedings, shifting the focus from punitive measures.

Provision

Overall, the revisions stipulated in HB 2115 reaffirm a commitment to reforming the juvenile justice system in Kansas by ensuring that proceedings are fair and aimed at fostering positive development rather than reinforcing negative stereotypes associated with juvenile offenders. As the bill moves forward, continued dialogue around its provisions will be essential to address any concerns related to safety while upholding the rights of young individuals.

Contention

There are notable points of contention surrounding the bill, primarily concerning public safety and the perceived risks involved in restricting juvenile offenders during hearings. Critics might argue that while the bill promotes humane treatment of juveniles, it could also place court personnel and the public at risk if some juveniles exhibit disruptive or violent behavior. Proponents counter this by emphasizing the importance of judicial discretion and the necessity of maintaining a focus on rehabilitation rather than punishment.

Companion Bills

No companion bills found.

Previously Filed As

KS SB110

Prohibiting the use of restraints during hearings under the revised Kansas juvenile justice code unless restraints are deemed appropriate by the court.

KS HB2179

Prohibiting fines and fees from being assessed against a juvenile or a juvenile's parent, guardian or custodian in a case pursuant to the revised Kansas juvenile justice code.

KS SB111

Prohibiting fines and fees from being assessed against a juvenile or a juvenile's parent, guardian or custodian in a case pursuant to the revised Kansas juvenile justice code.

KS SB1255

Restraints on juveniles; use in court prohibited, exceptions.

KS HB2222

Restraints on juveniles; use in court prohibited, exceptions.

KS HB2530

Restraints on juveniles; use in court prohibited, exceptions.

KS SB718

Creates provisions relating to the use of restraints on a child in juvenile court

KS HB3124

Requires children under the age of seventeen to be prosecuted for most criminal offenses in juvenile courts unless the child is certified as an adult

KS S1280

Makes various revisions to juvenile justice law.

KS HB2227

Prohibiting the use of any prone restraint on a juvenile who is in custody at a juvenile detention facility or juvenile correctional facility or being assessed as part of the juvenile intake and assessment system.

Similar Bills

CA AB1922

Restraint of incarcerated persons.

CO HB1248

Protect Students from Restraint & Seclusion Act

NM HB260

Allowable Responses To Student Behavior

OR SB1113

Relating to the welfare of young people.

DE HB79

An Act To Amend Title 14 Of The Delaware Code Relating To Limitations On The Use Of Seclusion And Restraint.

NM HB120

Limiting Student Restraint & Seclusion

OR HB3835

Relating to the welfare of young people; declaring an emergency.