TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION BANNING THE USE OF INDISCRIMINATE CHAINS AND SHACKLES ON DETAINED CHILDREN IN JUVENILE COURTROOMS; AND ESTABLISHING A PRESUMPTION OF NO CHAINS OR SHACKLES ABSENT A SHOWING OF RISK TO SELF OR OTHERS

BODY
WHEREAS, in Miami-Dade County, over 5,000 children were securely detained and all brought to juvenile court in shackles during Fiscal Year 2005-2006; and
WHEREAS, juvenile courts were established in the United States more than one hundred years ago for the express purpose of distinguishing between the mental capacity and moral accountability of adult and youthful offenders; and
WHEREAS, throughout the United States, children are seldom handcuffed or shackled, much less handcuffed and shackled, in juvenile or family courts; and
WHEREAS, prevention and rehabilitation, rather than shame and humiliation, should be paramount in Florida�s juvenile delinquency courtrooms; and
WHEREAS, indiscriminately chaining and shackling detained children, who enjoy the constitutional presumption of innocence and present no risk of escape or harm is contrary to, and undermines, the rehabilitation focus of juvenile court; and
WHEREAS, indiscriminately chaining and shackling detained children, violates international law and norms, and
WHEREAS, indiscriminately chaining and shackling detained children is abusive and degrading, and is an affront to the dignity of children in juvenile court proceedings; and
WHEREAS, indiscriminately shackling a child in handcuffs and leg irons, causes or is likely to cause the child�s physical, mental, or emotional health to suffer; and
WHEREAS, children who appear before judges in dependency courtrooms because a parent or guardian has abandoned, neglected or abused them should not be subjected to further harm by being forced to appear in chains and shackles; and
WHEREAS, leg shackles and belly chains are not routinely used when adult defendants appear in court; and
WHEREAS, indiscriminately shackling all detained children is too extreme when there are other less restrictive alternatives to protecting public safety in the courtroom while maintaining the dignity of children and the court proceedings; and
WHEREAS, the use of exceptional restraints must be reserved for cases where the Court makes an individualized determination that unusual facts warrant such an extreme measure;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Florida Legislature to enact legislation banning the use of indiscriminate chains and shackles on detained children in juvenile courtrooms; and establishing a presumption of no chains or shackles cases absent a showing of risk to self or others.
Section 2. Directs the Clerk of the Board to transmit a certified copy of this resolution to the Chair and members of the Miami-Dade County State Legislative Delegation.
Section 3. Directs the County�s state lobbyists to advocate for the passage of the legislation set forth in Section 1 above, and directs the Office of Intergovernmental Affairs to include this item in the 2007 State Legislative package.