Policy 512: Use of Restraints
Effective 8/23/2022
512.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance and direction to staff regarding the use of Security Restraints. This policy applies to all Office of the Sheriff Custody Bureau sworn staff in the use of restraints on persons, which includes inmates and non-inmates.
512.2 DEFINITIONS
Security Restraints - Devices used to immobilize, restrict, or control the movement of a person.
512.3 POLICY
It is the policy of the Office of the Sheriff to use Security Restraints on persons to minimize the risk of injury and maintain safety and security. Security Restraints shall be applied in a manner that does not likely cause pain or injury.
512.4 RESTRAINT PRINCIPLES
(a) Use of Force to Apply Restraints and Documentation
1. If a person resists the use of Security Restraints, force may be used to apply the restraints consistent with the Office's Use of Force policy.
2. When the use of Security Restraints is part of the force event, staff shall document the use of Security Restraints and the force consistent with the Office's Use of Force Investigation, Reporting, and Review policy.
(b) Restraints Shall Not Be Used for Improper Purpose: Staff are prohibited from using Security Restraints to punish, degrade, humiliate, discipline, retaliate against, improperly coerce, discriminate against, or unnecessarily cause pain or injury to a person. Security Restraints shall be removed as soon as practical.
(c) Male and Female Persons: Staff shall not restrain male and female persons together except in an emergency. Once the emergency no longer exists, staff shall immediately separate female and male persons.
(d) Transgender Persons: Staff shall not restrain transgender persons together with male or female persons except in an emergency. Once the emergency no longer exists, staff shall immediately separate transgender persons from female or male persons. Transgender persons may be restrained together.
(e) Multiple Person Security Restraints
1. Staff are authorized to secure two persons together in Security Restraints for transportation or movement.
2. Staff are only authorized to secure three or more persons to one another in Security Restraints for purposes of walking a group to a location.
(f) Restriction on Use of Security Restraints: Never attach the handcuffs to leg or ankle restraints. The use of any "hogtying" technique is prohibited.
(g) Restrained and Unrestrained Persons: Staff shall not leave person(s) in Security Restraints unattended with another person(s) not similarly restrained.
(h) Restraint of Persons in Secured Areas
1. Outside of Housing Unit: Staff are authorized to temporarily place a person in a secured area or cell while in a handcuffs or waist chains and shackles. Persons shall only be placed in a secured area or cell where there are regular welfare and security checks.
2. Inside of Housing Unit: Staff shall not keep a person in Security Restraints in their housing unit cell longer than 30 minutes without the approval of a supervisor. A person in Security Restraints in their housing unit cell shall be observed by staff every 15 minutes. The observations shall be documented consistent with the Office's Inmate Supervision policy.
(i) Fixed Restraints
1. The use of handcuffs, shackles, or waist chains affixed to an immovable object is authorized for a person who presents a safety or security risk during interactions with others or in circumstances that require direct observation of a person in the location that has direct Custody Bureau staff supervision.
2. The use of a Security Restraint affixed to an immovable object is prohibited in areas that jeopardizes the safety and security of the person or staff. Examples of when Security Restraints affixed to an immovable object are not appropriate include, but are not limited to, high-traffic areas frequented by unescorted and unrestrained persons, unsafe fixed objects, or areas where it could be hazardous to have restricted mobility.
3. Staff shall periodically assess persons in in a Security Restraint affixed to an immovable object and provide water and the use of the restroom.
4. If a person in Security Restraints affixed to an immovable object becomes violent or self-destructive, staff shall immediately notify a supervisor. Staff shall not remove a violent or self-destructive person from Security Restraints affixed to an immovable object except at the direction and in the presence of a supervisor, or in the event of a medical emergency.
(j) Persons with Medical Conditions or Physical Disabilities: In selecting the type and positioning of Security Restraint, staff shall factor in a person's known or apparent medical conditions, advanced age, physical disabilities, or vision impairments. When possible, staff shall consider whether one of these vulnerabilities warrants a different approach during the use of the Security Restraint. Staff shall factor in the purpose of the use of Security Restraint, and, when possible consistent with safety and security, use an alternative or modified Security Restraint or obtain a mobility device.
(k) Positional Asphyxia: Staff shall take steps to recuce the rick of positional asphyxia as outlined in the Office's Use of Force policy.
(l) Special Precautions for Use of Security Restraints on Pregnant Persons: The use of restraints on pregnant persons requires special precautions. Staff shall do the following:
1. Application of Security Restraints: Staff shall not leg shackle, waist chain, or apply handcuffs behind the back of a person known to be pregnant or in recovery after delivery.
2. Application During Labor and Delivery: Staff shall not restrain a pregnant person in labor, during delivery, or in recovery after delivery, by the wrists, ankles, or both, unless deemed necessary for the safety and security of the person, staff, or the public. Staff must obtain approval from a watch-commander or higher-ranking supervisor to apply the restraints during labor and delivery.
3. Medical Provider Decisions: Staff shall remove Security Restraints when a medical health professional, who is currently responsible for the medical care of a pregnant person during a medical emergency, labor, delivery, or recovery after delivery, determines that the removal of restraints is medically necessary.
4. Two or More Restrained Persons: Staff shall not handcuff pregnant persons to other persons for transportation or for any other purpose.
(m) Only Healthcare Providers Can Authorize Therapeutic Restraints: Staff shall only apply therapeutic restraints (e.g., 4-point restraint, leather, and/or cloth soft restraints) when authorized by a medical or mental health provider.
(n) Request Medical Care When Necessary: Staff shall immediately request medical care whenever a restrained person appears to be experiencing medical distress or complains of pain or difficulty in breathing.
512.5 AUTHORIZED SECURITY RESTRAINTS
Staff shall use discretion about the appropriate type of Security Restraint for a given situation consistent with the following:
(a) Handcuffs
1. Staff shall use handcuffs as the primary method of restraint of persons for short periods of time.
2. Staff shall double-lock the handcuffs as soon as possible.
3. Persons who are handcuffed individually shall be handcuffed behind their backs when possible. Pregnant, elderly, mobility impaired, or visibly frail persons shall not be handcuffed behind their backs.
4. When one pair of handcuffs is not sufficient to restrain the individual due to size, injury or other physical condition and a single pair of handcuffs may cause an unreasonable level of discomfort, staff should consider alternatives, such as using an additional set of handcuffs linked in a chain or multiple flex cuffs.
(b) Waist Chains and Leg Shackles
1. Waist chains are preferred when a person needs to be restrained for a longer period and for a person who presents a higher security risk.
2. Leg shackles limit the length of a person's stride, preventing a person from moving quickly and may be used at the discretion of staff when additional restraints are warranted for safety and security reasons.
3. Staff shall double-lock waist chains and leg shackles as soon as possible.
(c) Plastic Flex Cuffs
1. Plastic flex cuffs are authorized to be applied when there is a sudden need to restrain a large number of persons and an adequate supply of handcuffs is not readily available or when other restraints cannot be applied to the person and/or the restraint will not be effective.
2. Plastic flex cuffs shall not be used in place of handcuffs for routine escorts.
3. Special care should be made to ensure that the flex cuffs are not so tight as to cut off circulation to the hands. Because of the nature of the ratcheting mechanism of flex cuffs and their inability to be double locked, officers shall make frequent checks to ensure the suspect secured has not tightened them restricting blood flow.
4. Flex cuffs shall not be removed with any sharp and/or pointed object (i.e., knives, pointed scissors, etc.).
5. If the person is to remain in restraints, staff shall substitute regular handcuffs as soon as possible.
(d) Restraint Chair
1. Authorized Use
(a) The restraint chair is authorized for short term security; temporary control and transportation of a person identified as violent, destructive, self-destructive; or a person who refuses to comply with a court order for blood draw pursuant to Penal Code §296 consistent with the Office's Penal Code §296 Compliance policy.
(b) When possible, staff shall first consider the use of a safety cell. The restraint chair shall only be used when other less restrictive alternatives have failed, or it is apparent that they will be ineffective in controlling the person.
(c) Pregnant persons shall not be placed into the restraint chair.
2. Conditions During Use
(a) Staff must obtain authorization from a supervisor to use the restraint chair. If the person is housed in the acute psychiatric unit, staff shall also consult a mental health staff before using the restraint chair. When possible, staff shall consult with mental health staff before placing a person in an SMU in a restraint chair.
(b) After the person is placed in the restraint chair, staff shall check the restraints to ensure that the restraints are not so tight as to cut off person's circulation.
(c) The maximum time a person can be secured in the restraint chair is two hours, not including the time necessary for insertion and removal. If the person is still violent or self-destructive after two hours, the person may remain in the restraint chair for up to an additional two hours with the approval of the watch commander or higher-ranking supervisor.
(d) Unless time and circumstances do not permit, medical staff shall be present during the person's placement into the restraint chair.
(e) At least once every 15 minutes, staff shall check the person's welfare and document the welfare check on an Inmate Observation Form, as well as any comments regarding the health, physical condition, or demeanor of the person. Staff shall observe the inmate for signs of distress (e.g., coughing, breathing changes, change in skin color, loss of consciousness, sudden changes in ability to move limb.)
(f) Staff shall remove the restraint applied to one limb, each hour to allow the person to exercise that limb for at least five minutes. Staff shall request that medical staff assess the person at the time the person is placed in the restraint chair and at least once per hour while the person remains in the restraint chair.
(g) If, at any time, medical staff determines that remaining in the restraint chair would be detrimental to the person's health, staff shall immediately notify a supervisor and remove the person from the restraint chair immediately.
(h) Persons in the restraint chair will be offered water at least every hour and, if practical, an opportunity to use the restroom.
(i) As soon as the person has regained self-control and demonstrates that he or she is no longer violent or self-destructive, the person shall be removed from the restraint chair.
(j) If the person resumes violent or self-destructive behavior during the removal process, the person may be placed back into the restraint chair, unless the person has reached the maximum allowable time for use of the restraint chair.
3. Supervisor Approval and Role
(a) A supervisor shall be on-scene for placement and removal of the person from the restraint chair.
(b) The supervisor shall ensure that the person's entire time in the restraint chair is captured on video.
(c) The supervisor shall ensure that medical staff is requested to respond to the incident as soon as possible.
(d) If medical or mental health staff report a health-related concern with the continued use the restraint chair and/or the person has exceeded the maximum time in the restraint chair, the supervisor shall consult with medical and mental health staff about a reasonable alternative.
4. Medical Care: Staff shall immediately request medical care whenever a person in the restraint chair complains of pain, appears to be experiencing medical distress, has an apparent injury, or complains of difficulty breathing.
5. Any use of the restraint chair shall be documented. If the use of restraint chair is related to a force event, the use of the Restraint Chair shall be reported consistent with the Office's Use of Force Investigation, Reporting, and Review policy.
512.6 POLICY REVIEW
This policy shall be reviewed every year as necessary.
512. 7 POLICY TRACKING
| Date of Origin: | 4/28/2022 |
| Review Date: | 4/28/2022 |
| Revision Date: | 4/28/2022 |
| Date Approved: | 4/29/2022 |
| Effective Date: | 8/23/2022 |
| Distribution: | Unrestricted |
| Supersedes: | DOC Policy 9.01 - Use of Force revised 8/29/2017, Section XIV - Use of Restraints |