Rule 5:19-4.Use of Restraints on a Juvenile

Last amended January 1, 2017 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:19-4 bars restraints on a juvenile during a court proceeding unless the court finds them necessary and that no less restrictive alternative exists, weighing six factors and stating findings on the record.

Full Text of Rule 5:19-4

Text sizeJump to: (a) (b) (c) (d)

(a) Instruments of restraint, such as handcuffs, chains, irons, or straitjackets, cloth and leather restraints, and other similar items, shall not be used on a juvenile during a court proceeding and must be removed prior to the juvenile's entry into the courtroom. Instruments of restraint may be used if, on application to or by the court, the court finds that:

(1) The use of restraints is necessary due to one of the following factors:

(A) Instruments of restraint are necessary to prevent physical harm to the juvenile or another person; or

(B) The juvenile presents a substantial risk of flight from the courtroom; and

(2) There are no less restrictive alternatives to restraints that will prevent flight or physical harm to the juvenile or another person, including, but not limited to, the presence of court personnel, law enforcement officers, or bailiffs.

(b) In making the determination that instruments of restraint are necessary, the factors that can be considered are:

(1) any past escapes or attempted escapes by the juvenile;

(2) evidence of a present plan of escape involving the juvenile;

(3) any credible threats by the juvenile to harm him or herself or others during court;

(4) evidence of self-injurious behavior on the part of the juvenile;

(5) any recent history of disruptive courtroom behavior that has placed others in potentially harmful situations or presents a substantial risk of inflicting physical harm on the juvenile or others;

(6) any other factors the court deems relevant to assess present risk in the court proceeding.

(c) The court shall provide the juvenile's attorney and the prosecutor an opportunity to be heard before the court orders the use of restraints. If restraints are ordered, the court shall make findings of fact on the record in support of the order.

(d) If restraints are deemed necessary, the least restrictive restraints shall be used. Any restraints shall allow the juvenile limited movement of the hands to read and handle documents and writings necessary to the hearing. Under no circumstances should a juvenile be restrained to a stationary object or another person.

End

Amendment History

New Jersey publishes each rule’s amendment record in a “Note” beneath the rule. It is reproduced verbatim below; a “Source” line names the former rule the current one grew out of, and “R. (1969)” citations refer to the earlier numbering it replaced.

Note: Adopted November 9, 2016 to be effective January 1, 2017.

Plain-English Summary

The starting position is a prohibition, not a discretion. Handcuffs, chains, irons, straitjackets, cloth and leather restraints and similar items shall not be used on a juvenile during a court proceeding and must be removed before the juvenile enters the courtroom.

Restraints become available only on a two-part finding, and both parts must hold. First, that restraints are necessary either to prevent physical harm to the juvenile or another person, or because the juvenile presents a substantial risk of flight from the courtroom. Second, that there is no less restrictive alternative that would prevent flight or harm — including the presence of court personnel, law enforcement officers or bailiffs.

Six factors may be considered in making that determination: past escapes or attempted escapes; evidence of a present escape plan; credible threats by the juvenile to harm themselves or others during court; evidence of self-injurious behaviour; a recent history of disruptive courtroom behaviour that has placed others at risk or presents a substantial risk of physical harm; and any other factor the court deems relevant to present risk.

Procedure and degree are both controlled. The juvenile's attorney and the prosecutor get an opportunity to be heard before restraints are ordered, and findings of fact must be made on the record in support of any order. If restraints are necessary, the least restrictive are used, and they must allow limited hand movement so the juvenile can read and handle documents. Under no circumstances may a juvenile be restrained to a stationary object or to another person.

Frequently Asked Questions

Can a juvenile be handcuffed in court in New Jersey?

Not as a matter of routine. Instruments of restraint shall not be used during a court proceeding and must be removed before the juvenile enters the courtroom, unless the court finds them necessary to prevent physical harm or a substantial risk of flight AND that no less restrictive alternative exists.

What does the court consider?

Six factors: past escapes or attempted escapes; evidence of a present escape plan; credible threats to harm self or others during court; evidence of self-injurious behavior; a recent history of disruptive courtroom behavior placing others at risk; and any other factor relevant to present risk.

Does anyone get to argue against restraints?

Yes. The court shall provide the juvenile's attorney and the prosecutor an opportunity to be heard before ordering restraints, and must make findings of fact on the record in support of the order.

If restraints are ordered, what limits apply?

The least restrictive restraints are used, they must allow limited movement of the hands to read and handle documents, and under no circumstances may a juvenile be restrained to a stationary object or another person.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court, Part V (N.J. Ct. R. 5:19-4). Prescribed by the Supreme Court of New Jersey. The plain-English summary is original and written by us. Last verified September 8, 2026. · Official source

Also known as: restraintshandcuffs juvenile courtshacklingleast restrictive restraints