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Orange County Superior Court judge Rules Waist Cuffs ” Inhumane”

The Recover by The Recover
November 26, 2019
in Featured, Questions about Rehab, Resources, Treatment
0
oc court houses


Superior Court judge has ruled, Orange County jail inmates will no longer be shackled around the waist inside courthouses. The plan by Judge Kathleen Roberts could end a new policy by the Orange County Sheriff’s Department to fit all prisoners going to Court with waist chains connected to handcuffs, a system that defense attorneys called “inhumane.”

Currently, undersheriff police, inmates were chained for 10 to 14 hours, waiting in holding cells for their court appearances or to be bused back to the jail. The defense attorney complained the belly handcuffs were only taken off in the courtroom. However, Roberts directed they now must be removed at the courthouse door.

“The order represents significant judicial overreach and a failure to take into account the safety of inmates, court staff and members of the public,” announced Sheriff Don Barnes, who indicated Tuesday he would appeal during the case. The Sheriff’s Department attorneys argue that the chains allow for more protection. Not only to the inmates but to the general public. As for the holding tanks, the attorneys claim that is the sheriff’s domain of rights.


Roberts replied in her position that the tanks were more than confinement facilities; however, they serve a gateway to justice for inmates. “Unfortunately, the order issued yesterday relies on the public defender’s false narrative. … I am confident that a higher court will recognize past judicial precedence, the safety benefits of the restraints, my statutory authority as sheriff to provide for the care and custody of inmates.”

Roberts has announced her delay in her order unit Nov. 22 to allow the Sheriff’s Department to seek an appeal.


Sara Ross, Deputy Public Defender, who commenced the battle against the abdomen chains, challenged the constitutionality of only using them on a blanket basis. Instead, they would use them case by case, which is the tradition of the Los Angeles County Sheriff’s Department.

Multiple completes labeled the Orange County Sheriff’s Department of treating inmates like “animals.”


“Judge Roberts’ ruling was very thoughtful,” Ross said. “She truly considered our clients’ constitutional rights and the impact shackling had on them.”

The case is still pending.

 

The Recover is an unbiased substance abuse and mental health news provider. Helping individuals looking for the right treatment programs in their area. Also providing information on drug rehab centers for addiction recovery.


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    • Can I bring my pet?
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    • How can families and friends help someone needing treatment?
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    • How do I get time off of work to attend addiction rehab?
    • How do I know if my rehab is licensed?
    • How do I pay with insurance?
    • How does addiction affect a teens developing body and mind?
    • How effective is drug addiction treatments?
    • How long does treatment last?
    • I’m not an addict, do I really need treatment?
    • Is addiction a disease?
    • Is drug addiction treatment worth its cost?
    • Is methadone/suboxone a better replacement?
    • Should I choose inpatient or outpatient?
    • Should treatment be gender specific?
    • What advice can you offer when comparing treatment centers?
    • What are the best 12 step alternatives?
    • What happens after discharge?
    • What if I have chronic pain?
    • What if I need psychiatric medication?
    • What is drug addiction treatments?
    • What is private treatment?
    • What is the difference between physical and psychological addiction?
    • What is withdrawal? How long does it last?
    • What role can the criminal justice system play in treatment?
    • What type of accreditations do rehabs have?
    • Where do 12 step or self help programs fit in the program ?
    • Where should I go? Locally/Away?
    • Why cant drug addicts quit on their own?
    • Why do programs use the 12-step program?
    • Will my insurance cover drug rehab treatment?
    • Will they drug test in Rehab?
  • Contact Us

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