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Highlands Today

State court to rule on juvenile shackling

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By BRAD DICKERSON

Highlands Today

Published: October 25, 2009

SEBRING - Juvenile and adult defendants entering the Highlands County Courthouse are treated the same when it comes to shackling - all wear them.

"That's to eliminate the flight risk, hopefully," said Highlands County Sheriff's Capt. Jeff Barfield. "We treat everybody the same."

He said the only difference is juveniles are kept in a separate holding facility where they are out of sight and out of earshot of all adults.

Currently, Florida lawmakers are waiting on the Florida Supreme Court to rule on a proposal to change shackling rules for juvenile offenders so they can determine whether they need to address the issue during the 2010 legislative session.
Child advocates and criminal justice officials have been unable to come to an agreement on juvenile shackling, with "a clear divide among the proponents and the opponents of indiscriminate shackling practices in Florida's juvenile courtrooms," according to a report from the Senate Criminal Justice Committee on shackling in Florida's juvenile courts.

So far, there are no specific statewide rules regarding juvenile shackling throughout the court system. Children are rarely brought into a court in chains in Miami-Dade County, while all children are brought in shackled for safety in other circuits.

Darlene Stoelton, with the Highlands County juvenile court, said children are brought over from the detention facility in Bartow. On the ride to Sebring, they are all in chains.

Once the juveniles get to the courthouse, the Department of Juvenile Justice then takes over responsibility, according to Barfield. Deputies really don't deal with the children at this point, besides providing them a holding facility.

When it comes to shackling, sheriffs and state attorneys have raised concerns about flight risk and the overall safety of the courtroom.

In contrast, child advocates argue that shackling is undignified and psychologically damaging to juveniles.

"I think anyone who comes into a courtroom around the state and sees this is outraged," said Robert Mason, former chair of the Bar rules committee.

Kathleen Haughney with The News Service of Florida contributed to this report. Highlands Today reporter Brad Dickerson can be reached at 863-386-5838 or bdickerson@highlandstoday.com

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