| (j) Approved Use of Force Techniques. Use of force
techniques that may be used are limited to:
(1) agency-trained:
(A) physical escort;
(B) Handle With Care® methods of manual restraint;
(C) mechanical restraints;
(D) OC spray, under certain limited circumstances;
and
(2) other non-prohibited methods of manual restraint
that under the totality of circumstances existing at the time:
(A) are more practical than the agency-trained Handle
With Care® methods of restraint, taking into account the youth's
and staff's particular vulnerability to harm;
(B) involve a use of force that is measured and progressive
to a degree no greater than that reasonably believed necessary to
achieve the objective; and
(C) do not unduly risk serious harm or needless pain
to the youth or staff.
(k) Prohibited Restraint Techniques.
(1) Prohibited restraint techniques include the following:
(A) restricting respiration in any way, such as applying
a chokehold or pressure to a youth's back or chest or placing a youth
in a position that is capable of causing positional asphyxia;
(B) using any method that is capable of causing loss
of consciousness or harm to the neck;
(C) pinning down with knees to the torso, head, and/or
neck;
(D) slapping, punching, kicking, or hitting;
(E) using pressure-point, pain-compliance, and joint-manipulation
techniques other than an approved Handle With Care® method for
release of a chokehold, bite, or hair pull;
(F) modifying restraint equipment;
(G) applying any cuffing technique that connects handcuffs
behind the back to ankle restraints;
(H) dragging or lifting of the youth by the hair or
ear or by any type of mechanical restraints;
(I) lifting a youth's arms behind the back, while in
mechanical restraints, in a manner that is capable of causing injury
to the shoulder;
(J) using other youth or untrained staff to assist
with the restraint;
(K) securing a youth to another youth or to a fixed
object, other than to an agency-approved full-body restraint device;
or
(L) administering a drug for controlling acute episodic
behavior as a means of physical restraint, except when the youth's
behavior is attributable to mental illness and the drug is authorized
by a licensed psychiatric provider or physician and administered by
a licensed medical professional.
(2) A physical contact that would otherwise be prohibited
by subsection (k)(1) of this section, does not include one that is
only accidental and momentary.
(l) Requirements for Planned Team Restraint Situations.
(1) Criteria for Use. Planned team restraint is authorized
only to:
(A) stop the youth from engaging in self-harm;
(B) prevent substantial property damage; or
(C) recover a weapon or item that has been adapted
for use as a weapon and is capable of causing death or serious bodily
injury.
(2) Requirements for Use.
(A) Prior to approval of planned team restraint, the
facility administrator or administrative duty officer must personally
observe the situation. Only the facility administrator or administrative
duty officer may authorize a planned team restraint.
(B) All planned team restraints must be videotaped
when practical, including a recording of a verbal description of the
youth's conduct and all warnings provided the youth according to the
agency-approved script.
(C) Only staff trained in planned team restraint may
participate in the team that is assembled for the room entry.
(D) The youth must be warned to discontinue the misconduct
at least two times after the team is assembled and before the room
entry. The team must provide continuous opportunities for compliance
during the room entry.
(E) Use of the riot shield during a planned team restraint
is limited to cases in which a youth has a weapon or a youth's behavior
indicates there is a significant risk of harm to the staff members
involved in the restraint.
(m) Requirements for Use of Mechanical Restraints.
(1) Guidelines for Use.
(A) Mechanical restraint equipment must not be secured
so tightly as to interfere with circulation or so loosely as to permit
chafing of the skin.
(B) When mechanical restraints are employed on a youth
in a prone position, the youth is placed on his/her side as soon as
practical in order to help ensure adequate respiration and circulation.
The youth must be allowed to sit up as soon as his/her behavior is
under control.
(C) A mechanical restraint for other than transportation,
riot control, or medical purposes must be terminated as soon as the
purpose for which the youth was restrained under subsection (h) of
this section has been achieved, but in any event within 30 minutes,
unless an extension is granted. Extensions may be granted by the facility
administrator or designee for up to two-hour intervals until termination
of restraint.
(D) A mechanical restraint for medical purposes must
be terminated as soon as the purpose for which the youth was restrained
has been achieved or upon expiration of the medical provider's order,
whichever occurs first.
(E) When mechanical restraints are applied, staff must:
(i) check the youth for adequate respiration and circulation
every 15 minutes;
(ii) provide regularly scheduled meals and drinks;
(iii) provide opportunity for elimination of bodily
waste at least once every two hours; and
(iv) provide continuous visual supervision and appropriate
assistance until the mechanical restraint is terminated.
(F) Mechanical ankle and wrist restraints attached
to a waist belt by a lead chain may be used when transporting a youth
to a security unit, within a security unit, and from a security unit
in order to prevent harm to the youth or others. These restraints
may not be attached in a manner that prevents the youth from being
able to stand upright. Mechanical restraints may remain on the youth
for the duration of the activity if circumstances warrant such restraints.
(2) Restrictions on Use During or After Childbirth.
(A) TJJD staff may not use mechanical restraints to
control the movement of a youth who is in labor, during delivery,
or during recovery from delivery unless the executive director or
designee determines that the use of restraints is necessary to:
(i) ensure the safety and security of the youth, the
infant, a staff member, or a member of the public; or
(ii) prevent a substantial risk that the youth will
attempt to escape.
(B) If restraint is approved by the executive director
or designee, staff must use the least restrictive type and method
of restraint necessary to achieve the purpose of the restraint.
(3) Mechanical Restraint Use by TJJD Transportation
Staff. Mechanical ankle and wrist restraints attached to a waist belt
by a lead chain must be used during secure transportation by designated
TJJD transportation staff. Exceptions may be made for youth being
transported following release on parole from a residential facility
or when medically necessary.
(4) Mechanical Restraint Use by Other Transporters.
(A) Mechanical ankle and wrist restraints attached
to a waist belt by a lead chain must be used during transportation
when a youth is being transported to a high restriction facility.
(B) Mechanical ankle and wrist restraints attached
to a waist belt by a lead chain may be used when transporting a youth
off-campus.
(n) Requirements for Use of OC Spray.
(1) Authorization and Training for Use of OC Spray.
(A) OC spray is permitted only in TJJD-operated high
restriction facilities.
(B) Unless reasonably believed necessary to prevent
loss of life or serious bodily injury, authorization to use OC spray
must be obtained from the facility administrator, assistant superintendent,
or administrative duty officer prior to each use.
(C) The only staff authorized to routinely carry OC
spray on-person are the facility administrator, assistant superintendent,
administrative duty officer, juvenile correctional officer shift supervisor
(one per shift), dorm supervisor, and security personnel whose primary
responsibility is to patrol the campus and respond to security-related
incidents. Any staff positions in addition to those listed must be
authorized in writing by the executive director or his/her designee.
Cont'd... |
