Current through Register Vol. 51, No. 6, December 1, 2024
RELATES TO:
KRS
15A.065,
15A.0652,
15A.067,
15A.305,
200.080-200.120, Chapters
600-645
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
15A.065(1),
15A.0652,
15A.067,
15A.160,
15A.305,
605.150,
635.095, and
640.120 authorize the Justice
and Public Safety Cabinet and the Department of Juvenile Justice to promulgate
administrative regulations for the proper administration of the cabinet and its
programs. KRS
15A.305(8)(c) requires that
appropriate staff working with detained youth have controlled access to and are
properly trained in the use of appropriate defensive equipment comparable to
that used by the Department of Corrections, including tasers, pepper spray, and
shields. This administrative regulation establishes the use of restraints and
control methods for juveniles in the custody of or placed with the
department.
Section 1. Definitions.
(1) "Planned use" means the prearranged use
of a chemical agent or conductive energy device to prevent loss of life, injury
to staff or juveniles, damage to state property, escape, or to maintain the
secure and orderly operation of the facility.
(2) "Reactive use" means the emergency use of
a chemical agent or conductive energy device in response to a specific act to
prevent loss of life, injury to staff or juveniles, damage to state property,
or escape.
Section 2.
Restraint or Control Actions.
(1) In addition
to verbal commands and de-escalation, the restraint or control actions allowed
shall include physical restraints, mechanical restraints, chemical agents,
shields, and conductive energy devices including stun shields.
(2) The restraint or control action shall not
be used as punishment.
(3) Staff
shall not use any force-related equipment other than what is
authorized.
(4) Only the minimum
force necessary to accomplish the control action shall be used.
(5) Staff shall use only reasonable force to
control the juvenile during a physical restraint.
(6) A show of force may be employed if it is
deemed practical and appropriate to the situation. A show of force may include
maneuvering by the cell entry team or display of force and equipment available
for use if the necessity arises.
Section 3. Mechanical Restraints.
(1) Authorized mechanical restraints shall
include handcuffs, flex-cuffs, leg shackles, waist chains, and other items
authorized in writing by the commissioner of the department.
(2) Mechanical restraints shall be applied
with only reasonable force necessary to restrain the juvenile.
(3) DJJ shall not use any type of mechanical
restraint on a female juvenile during active labor and delivery of a child. Any
exception shall require approval by and guidance on methodology from the
Director of Medical Services and shall be based on documented security risks.
The Director of Medical Services shall provide guidance on the use of
restraints on a pregnant juvenile prior to active labor and delivery.
Section 4. Chemical Agents.
(1) The only chemical agent authorized for
use on a juvenile shall be oleoresin capsicum (OC).
(2) Reactive use of a chemical agent shall be
authorized by the trained staff being issued the chemical agent
canister.
(3) A planned use of a
chemical agent shall require authorization from the Superintendent or designee.
If time and circumstances reasonably permit, the juvenile's individual client
record and medical file, if available, shall be examined by appropriate staff
to determine if the juvenile has a significant:
(a) Medical problem that may be adversely
affected by the chemical agent; or
(b) History of psychotic behavior and whether
the individual may react significantly different than anticipated to chemical
agents.
(4) A juvenile
shall receive a medical evaluation after being exposed to a chemical
agent.
(5) If not in use or issued
to staff, chemical agents shall be stored in a secure location with controlled
access.
Section 5.
Conductive Energy Devices.
(1) Conductive
energy devices shall be used only after all lesser degrees of force have been
tried or given due deliberate consideration.
(2) Use of a conductive energy device shall
require authorization from the Superintendent or designee.
(3) If time and circumstances permit, the
juvenile's individual client record and medical file, if available, shall be
examined by appropriate staff to determine if the juvenile has a significant:
(a) Medical problem that may be adversely
affected by the conductive energy device; or
(b) History of psychotic behavior and whether
the individual may react significantly different than anticipated to conductive
energy device.
(4) A
juvenile shall receive a medical evaluation after the use of a conductive
energy device.
(5) When not in use,
conductive energy devices shall be stored in a secure location with controlled
access.
Section 6.
Reporting. An incident report shall be completed any time a physical restraint,
chemical agent, or conductive energy device is used outside of authorized
training. An incident report shall be completed any time a mechanical restraint
is used on a juvenile outside of transport.
STATUTORY AUTHORITY:
KRS
15A.065(1),
15A.0652,
15A.067,
15A.160,
15A.305,
605.150,
635.095,
640.120,
645.250
