37 Tex. Admin. Code § 273.6 - Restraints
Inmates exhibiting behavior indicating that they are a danger to themselves or others shall be managed in such a way as to minimize the threat of injury or harm. If restraints are determined to be necessary, they shall be used in a humane manner, only for the prevention of injury, and not as a punitive measure.
(1) The decision
to apply restraints shall be made by supervisory or medical personnel.
Appropriate staff should assess the inmate's medical condition.
(2) Restraints should restrict movement of an
inmate only to the degree necessary to avoid injurious behavior. Soft or padded
restraints should be used when feasible. Inmates shall not be restrained in a
position or manner that would exacerbate any physical infirmities.
(3) A documented observation of the inmate
shall be conducted every 15 minutes, at a minimum. The observations should
include an assessment of the security of the restraints and the circulation to
the extremities.
(4) The inmate
should receive medical care a minimum of every 2 hours, to include changing
position, exercising extremities, offering nourishment and liquids, offering
toilet facilities, checking for medication needs, and taking vital signs. These
checks shall be documented.
(5)
Documentation of use of restraints shall include, but not be limited to the
following: the events leading up to the need for restraints, the time the
restraints were applied, the justification for their use, observations of the
inmate's behavior and condition, the 15-minute checks and the time the
restraints were removed.
(6) A jail
shall not use restraints on a inmate confirmed to be pregnant or who gave birth
in the preceding 12 weeks for the duration of the pregnancy and for a period of
not less than 12 weeks after the inmate gives birth:
(A) unless supervisory personnel determine
that the use of restraints is necessary to prevent an immediate and credible
risk that the inmate will attempt to escape; or the inmate poses an immediate
and serious threat to the health and safety of the inmate, staff, or any member
of the public; or
(B) unless a
health care professional responsible for the health and safety of the inmate
determines that the use of restraints is appropriate for the health and safety
of the inmate and, if applicable, the unborn child of the inmate.
(7) If the determination to
utilize restraints in accordance with paragraph (6)(A) or (B) of this section
is made, a jail shall use the least restrictive restraints necessary to prevent
escape or to ensure health and safety; and at the request of a health care
professional responsible for the health and safety of the inmate, jail staff
shall refrain from using restraints on the inmate or shall remove the
restraints.
(8) Notwithstanding
paragraph (6)(A) of this section, at the request of a health care professional
responsible for the health and safety of the inmate, jail staff shall refrain
from using restraints on the inmate or shall remove the restraints.
(9) Use of restraints on pregnant inmates
shall be documented and submitted as required by §
269.50 of this title (relating to
Restraints on Pregnant Inmates).
(10) Restraints shall be removed from an
inmate at the earliest possible time that the inmate no longer exhibits
behavior necessitating restraint. In no case shall an inmate be kept in
restraints longer than 24 hours.
Notes
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