Section 327.18. Mechanical restraints.

 

(1)  This section regulates the use of mechanical restraints on inmates in CRC placements.

(2)  Mechanical restraints are limited to handcuffs, handcuffs with restraining belt or chain, restraining chain, leg restraints, and leather and plastic restraints.

(3)  Mechanical restraints may be used only in the following circumstances:

(a) To protect staff or others from a CRC inmate who poses an immediate risk of flight or physical injury to others unless restrained;

(b) To protect a CRC inmate who poses an immediate threat of physical injury to himself or herself unless restrained;

(c) When taking a CRC inmate into custody; or

(d) To transport a CRC inmate.

(4)  Mechanical restraints may not be used:

(a) As a method of punishment;

(b) About the head or neck of an inmate;

(c) In a way that causes undue physical discomfort, inflicts physical pain or restricts the blood circulation or breathing of the inmate; or

(d) To restrain an inmate to a moving vehicle.

(5)  A staff member shall observe a CRC inmate in restraints at least once every 15 minutes until the restraints are removed or the inmate is admitted to a state correctional institution, a detention facility, a mental health facility or a medical facility.

(6)  If feasible, an inmate shall be released from restraints to perform bodily functions and for meals.

(7)  Except when restraints are used to take a CRC inmate into custody or to transport an inmate, a record shall be kept of each time the inmate is placed in restraints. The record shall include:

(a) The inmate's full name, number, and the date and time the inmate was placed in restraints;

(b) The name of the staff member who placed the inmate in restraints;

(c) The reason for placing the inmate in restraints; and

(d) A statement indicating when and under what circumstances the restraints were removed.

(8)  CRC staff shall periodically examine the supply of mechanical restraints. Any excessively worn or defective restraints shall be removed from the supply. Only commercially manufactured mechanical restraints may be used.

(9)  If the CRC inmate is held in a state correctional institution, the mechanical restraints rules under ss. DOC 306.09 and 306.10 apply.

Cr. Register, September, 1990, No. 417 , eff. 10-1-90.