Nevada Revised Statutes 62D.415 – Use of instrument of restraint on child during proceeding
1. An instrument of restraint may be used on a child during a court proceeding only if the restraint is necessary to prevent the child from:
Terms Used In Nevada Revised Statutes 62D.415
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
(a) Inflicting physical harm on himself or herself or another person; or
(b) Escaping from the courtroom.
2. Whenever practical, the judge shall provide the:
(a) Child and his or her attorney an opportunity to be heard regarding the use of an instrument of restraint before the judge orders the use of an instrument of restraint.
(b) Prosecuting attorney an opportunity to be heard regarding whether the use of an instrument of restraint is necessary pursuant to subsection 1.
3. In making a determination pursuant to subsection 2 as to whether an instrument of restraint is necessary pursuant to subsection 1, the court shall consider the following factors:
(a) Any previous escapes or attempted escapes by the child.
(b) Evidence of a present plan of escape by the child.
(c) A credible threat by the child to harm himself or herself or another person.
(d) A history of self-destructive tendencies by the child.
(e) Any credible threat of an attempt to escape by a person not in custody.
(f) Whether the child is subject to a proceeding:
(1) That is not in the jurisdiction of the juvenile court pursuant to subsection 3 of NRS 62B.330; or
(2) For transfer or certification for criminal proceedings as an adult pursuant to NRS 62B.335, 62B.390 or 62B.400.
(g) Any other factor that is relevant in determining whether the use of an instrument of restraint on the child is necessary pursuant to subsection 1.
4. The determination of the judge pursuant to subsection 2 must contain specific findings of fact and conclusions of law supporting the determination.
5. If an instrument of restraint is used on a child, the restraint must allow the child limited movement of his or her hands to hold any document or writing necessary to participate in the proceeding.
6. As used in this section, ‘instrument of restraint’ includes, without limitation, handcuffs, chains, irons and straightjackets.