AK · rules
Alaska Delinq. R. 21.5
Use of Restraints on the Juvenile
(a) Restraints such as handcuffs, waist belts, and
footcuffs shall not be used on a juvenile during a court
proceeding unless they are necessary because the juvenile is
otherwise uncontrollable or constitutes a serious and evident
danger to self or others, there is reason to believe that the
juvenile will try to escape, or there is no less restrictive
alternative available to maintain order and safety in the
courtroom given available security resources.
(b) If a juvenile appears at a court proceeding in
restraints, and if there is an objection to the restraints or if the
juvenile is appearing without counsel, the judge must make a
finding, based on an individualized assessment of the
particular juvenile and the available security resources, whether the restraints are necessary. In subsequent proceedings in the same case, a judge may rely on a finding
that was made previously, as long as the circumstances have
not materially changed. When ruling on the necessity of
restraints, the judge shall consider the following factors:
(1) any threats that the juvenile has made to cause harm
to self or others, or to cause a disturbance;
(2) any behavior of the juvenile indicating that the
juvenile presents a current threat to the juvenile’s own safety,
or to the safety of other people in the courtroom, or to the
orderly course of the proceedings;
(3) any past escapes or attempts to escape, and the
seriousness of the current charge, to the extent it raises a
concern that the juvenile has an incentive to attempt to escape;
(4) the existence of any less restrictive alternative to
maintain order and safety in the courtroom, taking into
account available security resources; and
(5) the recommendations of security personnel charged
with custody of the juvenile.
History
(SCO 1791 effective April 15, 2015)
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
61aacec1446f883ca24a3981a22980b87f3f15fb674787539f5557a80ea5dcca
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