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Rule 4-905.? Restraintof minors in juvenile court.


To provide for proper restraint of minors in juvenile courtproceedings.


This ruleapplies to the juvenile court.

Statement of the Rule:

(1)       Absentexigent circumstances, a minor, while present in a juvenile courtroom, shallnot be restrained unless the court finds by a preponderance of theevidence? that:

(1)(A)       restraintsare necessary to prevent physical harm to the minor or a third party present inthe courtroom;

(1)(B)       theminor is a flight risk;

(1)(C)       theminor is currently in jail, prison or a secure facility as defined by Utah Codesection 78A-6-105;

(1)(D)       theseriousness of the charged offense warrants restraints; or

(1)(E)       other good cause exists for the minor to be restrained.

(2)       Anyperson with an interest in the case may move the court to restrain a minorduring court proceedings. The court shall permit all persons with a directinterest in the case the right to be heard on the issue of whether to restrainthe minor.

(3)       Ifthe court orders that a minor should be restrained, the court shall reconsiderthat order at each future hearing regarding the minor.

(4)       Exparte communications that provide information on the criteria listed inparagraph (a) are not prohibited. However, the judge or commissioner shallnotify all other parties of the communication as soon as possible and shallgive them an opportunity to respond.

Effective May 1, 2020