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Alaska Delinq. R. 21.5

Use of Restraints on the Juvenile

activein force · 2015-04-15 – presentact-effective-date

(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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