Current through Register 2024 Notice Reg. No. 38, September 20, 2024
The facility administrator, in cooperation with the responsible physician, shall develop and implement written policies and procedures for the use of restraint devices. Restraint devices include any devices which immobilize extremities or prevent the incarcerated person from being ambulatory. The provisions of this section do not apply to the use of handcuffs, shackles, or other restraint devices when used to restrain incarcerated people for security reasons. The facility manager may delegate authority to place an incarcerated person in restraints to responsible health care staff.
(a) The policy shall address the following areas:
(1) acceptable restraint devices;
(2) signs or symptoms which should result in immediate medical/mental health referral; availability of cardiopulmonary resuscitation equipment;
(3) protective housing of restrained persons;
(4) provision for hydration and sanitation needs; and,
(5) exercising of extremities.
(b) Policy shall also include, but not be limited to, the following requirements:
(1) In no case shall restraints be used for punishment or as a substitute for treatment.
(2) Restraint devices shall only be used on incarcerated people who display behavior which results in the destruction of property or reveal an intent to cause physical harm to self or others.
(3) Restraint devices should be used only when less restrictive alternatives, including verbal de-escalation techniques, have been attempted and are deemed ineffective.
(4) An incarcerated person shall be placed in restraints only with the approval of the facility manager, the facility watch commander, or responsible health care staff; continued retention shall be reviewed a minimum of every hour.
(5) Continuous direct visual observation shall be maintained until a medical opinion can be obtained.
(6) A medical opinion on placement and retention shall be secured within one hour from the time of placement.
(7) A medical assessment shall be completed within four hours of placement.
(8) Continuous direct visual observation shall be conducted at least twice every 30 minutes to ensure that the restraints are properly employed, and to ensure the safety and well-being of the incarcerated person. Such observation shall be documented. While in restraint devices all incarcerated persons shall be housed alone or in a specified housing area which makes provisions to protect the person from abuse.
(9) If the facility manager, or designee, in consultation with responsible health care staff determines that an incarcerated person cannot be safely removed from restraints after eight hours, the person shall be taken to a medical facility for further evaluation.
(10) Where applicable, the facility manager shall use the restraint device manufacturer's recommended maximum time limits for placement.
(11) All events and information related to the placement in restraints shall be documented and shall be video recorded unless exigent circumstances prevent staff from doing so. The documentation shall include: the reason for placement; person authorizing placement; names of staff involved in the placement; injuries sustained; and the duration of placement.
1. Change without regulatory effect adding new section 1058 (Register 86, No. 32).
2. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
3. Amendment of second paragraph filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
4. Amendment of section heading and section filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
5. Amendment of second and third paragraphs and NOTE filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
6. Amendment filed 1-26-2017; operative 4-1-2017 (Register 2017, No. 4).
7. Amendment filed 11-17-2022; operative 1-1-2023 (Register 2022, No. 46).
Note: Authority cited: Sections 6024 and 6030, Penal Code. Reference: Section 6030, Penal Code.
