California Code of Regulations
Title 15 - Crime Prevention and Corrections
Division 3 - Adult Institutions, Programs and Parole
Chapter 1 - Rules and Regulations of Adult Operations and Programs
Subchapter 4 - General Institution Regulations
Article 1.5 - Use of Force and Restraining Devices
Section 3268.2 - Use of Restraints
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Only state issued restraint gear and equipment that has been authorized by the CDCR for use at the discretion of staff shall be issued/assigned to an employee or carried/used by an employee while on duty. Any use of unauthorized restraint gear or equipment or use of approved restraint gear or equipment in a manner other than specified in (b) shall require a pre-approval in writing by the Hiring Authority of the institution/facility/unit that is making the request.
(b) Mechanical means of physical restraint may be used only under the following circumstances:
(c) Mechanical restraints shall not be:
(d) When mechanical restraint is required, handcuffs, alone or attached to a waist chain, will be the means of restraint normally used. However, additional mechanical restraint, including leg restraints, additional chains, straight jackets, leather cuffs, or other specialized restraint equipment may be used when the circumstances indicate the need for the level of control that such devices will provide. The unresisted application of authorized restraint equipment is not a use of force.
(e) Use of mechanical restraints on persons confirmed, or suspected by health care staff to be pregnant shall be subject to the following requirements:
(f) Use of restraint equipment by direction of licensed health care clinicians shall be fully documented in the medical file of the restrained parolee incarcerated or supervised person.
(g) Holding Cells:
A holding cell is a secure structure located within a building or sheltered area that is without running water, a toilet, or sleeping facilities, and is designed for the interim placement of one or more offenders.
(h) Staff shall not use any restraint or transportation method, which might unreasonably impair an individual's breathing or respiratory capacity; however, necessary pressure or body weight may be applied to ensure the individual is adequately and safely controlled. Once controlled, the individual shall be placed into a recovery position (e.g., supine or seated) and monitored for signs of medical distress, including signs of asphyxia.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 196, 835a, 2650, 2651, 2652, 2652.5, 3423, 5007.7 and 5054, Penal Code; Madrid v. Cate (U.S.D.C. N.D. Cal. C90-3094 TEH); and Section 7286.5, Government Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 196, 835a, 2650, 2651, 2652, 2652.5, 3423, 5007.7 and 5054, Penal Code; Madrid v. Cate (U.S.D.C. N.D. Cal. C90-3094 TEH); and Section 7286.5, Government Code.