When Mille Lacs County judges issued an order three years ago requiring everyone taken into custody by county officers to wear hand and leg restraints, they did so with the hope of shoring up courthouse security.

But it's likely the judges never envisioned a scenario like the one that played out last month, when an 11-year-old boy from the Mille Lacs Band of Ojibwe was handcuffed, shackled and held overnight for failing to appear in court to testify as a crime victim.

Approved by Mille Lacs County Judges Steven Ruble and Michael Jesse in September 2004, the policy states that prisoners escorted to and from court be secured with handcuffs, waist restraints and leg irons.

"These procedures are for adults and juveniles charged with a criminal offense," according to a memo to jail staff from Jerry Brown, the assistant jail administrator.

But the judges' order said the policy applies to all "custodial defendants," and Mille Lacs County Attorney Jan Kolb said the 11-year-old boy "was most certainly in custody."

The boy was picked up on a warrant for failing to appear in court. He was not charged with a crime.

Ruble wouldn't comment on the recent incident or whether the policy should be reexamined. But, he said, "I think anybody can initiate further review of the policy."

Sheriff Brent Lindgren, who oversees security at the jail, did not return phone calls Thursday.

"I've never heard of a policy like that," said Richard Frase, a University of Minnesota law professor. "It's so incredibly overbroad, it's bound to produce problems like this. Anything you do that treats a witness or victim with the identical severity to what you do to a defendant has got to be questionable."

Looking into it

Two attorneys from the state attorney general's office traveled to Mille Lacs County on Thursday to talk with tribal officials, county officials and individuals involved in the case.

Mille Lacs Chief Executive Melanie Benjamin had sent a letter to Attorney General Lori Swanson asking her to intervene. Swanson's office needs to decide whether it has jurisdiction in the matter, according to Brian Bergson, her chief spokesman.

"When we first heard of this, we thought: 'How could this be?' " said Rjay Brunkow, the attorney representing the Mille Lacs band. "We started calling around to county attorneys ... and, to a person, every county we talked with said, 'Are you kidding me?' "

Hennepin County Attorney Mike Freeman said prosecuting cases where victims or witnesses are unwilling to cooperate can be difficult.

"Somebody comes in and complains about an assault, the sheriff investigates and the county attorney gets involved and we talk with the victims," he said. "And if they don't show up for trial, you have to dismiss the case, and that gets real frustrating."

However, Freeman added, "I don't think the answer is arresting kids and holding kids in a juvenile facility overnight and fitting them in a jumpsuit. I think these things an be handled a little bit better, frankly."

Freeman said that the county could have set a hearing date, notified the boy or his family a day ahead of time, then sent an officer in an unmarked squad car to the boy's house or school to take him to court.

Ruble, the Mille Lacs County judge, said the policy, created with help from the sheriff's office, was implemented after "a number of people" fled the courthouse in Milaca -- an aging facility across the street from the jail -- while being transported to and from the jail.