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Minutes for HB2471 - Committee on Corrections and Juvenile Justice
Short Title
Prohibiting the use of restraints during hearings under the revised Kansas juvenile justice code and authorizing exceptions if the court holds a hearing and makes certain findings on the record.
Minutes Content for Mon, Jan 31, 2022
Chairperson Owens opened the hearing on HB2471. Natalie Scott provided an overview of the bill. (Attachment 1) There were no questions for Ms. Scott.
Mike Fonkert testified in support of the bill. He stated this bill would put Kansas in community with 32 other states and the District of Columbia that already have laws that limit the practice of restraining youth in court and all of those currently navigate those laws without adverse public safety outcomes. Mr. Fonkert said this is already a relatively rare happening. The norm is that children are not restrained in court, but what we don't have is a rule across the entire state about how we navigate this issue. (Attachment 2) Mr. Fonkert stood for questions.
Aileen Berquist testified in support of the bill. She stated that shackling children causes physical and emotional damage while creating bias against them in court, infringing upon their rights by undermining their presumption of innocence. This bill provides a simple mechanism for using restraints only when absolutely necessary and only after the juvenile has been given an opportunity to be heard. (Attachment 3) Ms. Berquist stood for questions.
Mary Ann Scali delivered testimony for Christina Gilbert in support of the bill. She stated the Gault Center supports the proposed legislation prohibiting the routine use of restraints in youth court because it promotes humane treatment of children, protects children's constitutional rights, and strengthens the rehabilitative purpose of the youth justice system while maintaining safety. (Attachment 4) Ms. Scali stood for questions.
Kristen Powell testified in support of the bill. She stated that Kansas is one of the few states left who has not passed any legislation to prevent or limit the shackling of children. Shackling children is inhumane and is extremely traumatizing to children and has lasting negative impacts on a child's development and self-esteern. (Attachment 5) There were no questions for Ms. Powell.
Judge Thomas Foster testified that he supports the bill which would require judges to determine a need for the use of shackles in a courtroom rather than indiscriminately use shackles on a child appearing in court. (Attachment 6) Judge Foster stood for questions.
Written only testimony in support of the bill was provided by:
- Jessica Feierman, Managing Director, on behalf of Juvenile Law Center (Attachment 7)
- Jenifer Ashfor, District Magistrate Judge, 10th Judicial district (Attachment 8)
- Alyson Clements, Director of Advocacy, National Juvenile Justice Network (Attachment 9)
- Jenna Bottler, Deputy Director, Justice Action Network (Attachment 10)
Greg Smith's testimony was neutral on the bill. He stated they are not opposed to the bill but had concerns about the practical application. The concerns included: Deputy sheriffs are charged with keeping the courtroom secure and they are concerned this bill may hamper their ability to accomplish that, the court may not be aware of a valid reason to restrain a juvenile in court, the bill is silent on whether Deputy sheriffs can respond to an incident in the courtroom, and is concerned when the legislature considers codifying policy. (Attachment 11) There were no questions for Mr. Smith.
Sheriff Jeff Cope testified in opposition to the bill. He stated there is no distinction in this bill between status offenders and juveniles accused of serious crimes. Our current juvenile justice system only allows for the detention of serious person crimes. The juveniles in detention are the juveniles this bill will impact. (Attachment 12) Sheriff Cope stood for questions.
Written only testimony in opposition to the bill was provided by Merlin Wheeler, Chief Judge, Kansas District Judges' Association. (Attachment 13)
Chairperson Owens closed the hearing on HB2471.
The meeting adjourned at 2:44 PM
