37 Tex. Admin. Code § 380.9723 - Use of Force
(a) Purpose. This
rule establishes the procedures for staff intervention when youth behavior
threatens safety and order.
(b)
Applicability.
(1) This rule applies to all
facilities, offices, and programs operated by the Texas Juvenile Justice
Department (TJJD), unless specifically stated otherwise in this rule.
(2) This rule does not apply to peace
officers employed and commissioned by TJJD or by the TJJD Office of Inspector
General.
(3) This rule does not
apply to the use of four-point mechanical restraints for medical or mental
health purposes. See §
380.9198 of this title.
(c) General Provisions.
(1) Non-physical interventions are preferred
and must be used to the extent practical to manage youth behavior.
(2) TJJD authorizes its staff to use
reasonable force as a last resort to maintain safety and order. Only staff who
are trained in agency-approved techniques are authorized to use
force.
(3) The use of force as
punishment or for convenience of staff is strictly prohibited.
(4) Approved use of force techniques are
those determined by TJJD to minimize risk of harm to youth and staff.
(5) Staff must release youth from manual or
mechanical restraint as soon as the purpose for the restraint has been
achieved.
(6) If a staff member
observes a use of force in violation of policy, he/she must take action, as
practical, to protect the youth from harm.
(7) Staff must report any violations of this
policy as soon as possible, but no later than the end of the current
shift.
(8) Violations of this
policy may result in disciplinary action up to and including termination of
employment.
(9) After any manual
restraint or use of oleoresin capsicum (OC) spray in a high restriction
facility, a youth must be assessed by medical staff as soon as reasonably
possible under the totality of the circumstances. After any manual restraint in
a medium restriction facility, medical staff must be consulted as soon
reasonably possible. Any injuries must be documented in the medical record
along with an explanation from the youth describing how the injuries occurred.
Photographs must be taken of all injuries.
(10) Only restraint equipment approved by the
executive director or his/her designee may be used in TJJD facilities. All
restraint equipment must be used in a manner consistent with its design and
intended purpose.
(11) Only the
facility administrator, staff having authority to act as the facility
administrator, or a higher-level authority in the facility administrator's
chain of supervision may declare that a particular situation is a riot,
consistent with the definition of a riot.
(d) References.
(1) For procedures and programs designed to
allow youth time to regain self-control, see §§
380.9520,
380.9739, and
380.9740 of this title.
(2) For criteria and procedures on
administering a psychotropic drug in a psychiatric emergency when a youth will
not give consent for the administration, see §
380.9192 of this title.
(3) For procedures relating to youth
searches, see §
380.9709 of this title.
(e) Definitions.
(1) Barricade--any of the following, if used
by a youth to prevent and/or obstruct staff from gaining access to the youth: a
locked, jammed, or blocked door, dorm furniture, boxes, desks, chairs,
computers, folding tables, stacked mattresses, or any other similar item that
obstructs passage.
(2) Handle With
Care®--an agency-trained physical intervention system.
(3) Imminent Harm--a reasonable belief that
harm to persons or property is about to occur, unless immediate action is
taken.
(4) Medical Provider--has
the meaning assigned by §
380.9175 of this title.
(5) Positional Asphyxia--the reduction in
oxygen in the bloodstream and tissues due to an impairment of a person's
respiratory system caused by body positioning or the application of external
weight/pressure.
(6) Practical--a
reasonable belief that something is capable of being done.
(7) Reasonable Belief--a belief that would be
held by a similarly trained staff considering the totality of the
circumstances.
(8) Reasonable
Force--the least amount of force that a trained staff, in like circumstances,
would reasonably believe to be necessary to maintain order and safety as
authorized under this rule.
(9)
Serious Bodily Injury--an injury that creates a substantial risk of death,
serious permanent disfigurement, or extended loss or impairment of the function
of any bodily member or organ.
(10)
Substantial Property Damage--at least $500 in damage to state property or
another's personal property.
(11)
Totality of the Circumstances--facts and circumstances known by the actor at
the time of the incident.
(12) Use
of Force--physical measures used to direct, compel, or restrain bodily movement
of a non-compliant youth.
(13)
Riot--a situation in which three or more youths intentionally participate in
conduct that threatens imminent harm to persons or property and that
substantially obstructs the performance of facility operations or a program
therein.
(f)
Non-Physical Interventions. Alternatives to force must be used whenever
practical to assist a youth in maintaining or regaining self-control. Staff are
prohibited from using humiliating punishment, including verbal harassment to
manage youth behavior. Staff are trained in the use of the following
non-physical intervention techniques:
(1)
Staff presence--this includes mere presence of staff to include non-verbal
gestures made with eyes, hands, head, or body utilizing proximity, standing,
eye contact and/or facial expressions; and/or involving additional staff to
intervene.
(2) Verbal
de-escalation--this includes verbal prompting, directive statements, and
redirecting youth attention and/or behavior.
(3) Use of problem-solving groups.
(g) Physical Interventions. When
reasonable force is necessary, staff are authorized to use the following
methods:
(1) Physical Escort--touching of the
arm, elbow, shoulder, or back for the purpose of directing the youth from one
location to another.
(2) Mechanical
Restraint--use of a mechanical device applied to a youth as a means of
restricting a youth's freedom of action.
(3) Manual Restraint--use of hands-on
techniques as a means of restricting a youth's freedom of action.
(4) Planned Team Restraint--restraint of a
youth who is in a locked or barricaded room or security vehicle by a
pre-assembled team.
(5) OC
Spray--oleoresin capsicum spray, also known as pepper spray. Oleoresin capsicum
is a mixture of essential oil and resin found in nature and derived from any
plant of the genus capsicum, such as jalapeno, cayenne, or habanero.
(h) Criteria for Use of Force.
Except as otherwise indicated in this rule, reasonable force is authorized
under the following circumstances:
(1)
protection of youth from imminent self-harm;
(2) protection of self from imminent
harm;
(3) protection of other youth
or third parties from imminent harm;
(4) protection of property from imminent,
substantial damage;
(5) prevention
of escape or fleeing apprehension;
(6) movement of a youth referred to the
security unit, other temporary isolation room, or alternative
classroom;
(7) movement of a
resistant youth within the security unit when the youth's behavior is
substantially disruptive and the youth refuses to stop the behavior;
(8) movement of a resistant youth from a
dangerous situation;
(9) to conduct
a search of a resistant youth reasonably believed to be in possession of a
weapon, an item that can be adapted for use as a weapon, a controlled
substance, or other item(s) that breech the security of the facility;
(10) to conduct a search of a resistant youth
entering the security unit; or
(11)
to administer medical treatment to a resistant youth when failure to do so
could have serious health implications and a medical provider has ordered a
restraint.
(i)
Determining the Intervention or the Reasonable Force to be Used. In determining
the type of intervention or the reasonable force to be used, staff must
consider whether action needs to be taken immediately or can be delayed until
additional staff can organize a team response. However, only a medical provider
may determine the type of intervention or the reasonable force to be used in
administering medical treatment to a resistant youth.
(j) Approved Use of Force Techniques. Use of
force techniques that may be used are limited to:
(1) agency-trained:
(A) physical escort;
(B) Handle With Care® methods of manual
restraint;
(C) mechanical
restraints;
(D) OC spray, under
certain limited circumstances; and
(2) other non-prohibited methods of manual
restraint that under the totality of circumstances existing at the time:
(A) are more practical than the
agency-trained Handle With Care® methods of restraint, taking into account
the youth's and staff's particular vulnerability to harm;
(B) involve a use of force that is measured
and progressive to a degree no greater than that reasonably believed necessary
to achieve the objective; and
(C)
do not unduly risk serious harm or needless pain to the youth or
staff.
(k)
Prohibited Restraint Techniques.
(1)
Prohibited restraint techniques include the following:
(A) restricting respiration in any way, such
as applying a chokehold or pressure to a youth's back or chest or placing a
youth in a position that is capable of causing positional asphyxia;
(B) using any method that is capable of
causing loss of consciousness or harm to the neck;
(C) pinning down with knees to the torso,
head, and/or neck;
(D) slapping,
punching, kicking, or hitting;
(E)
using pressure-point, pain-compliance, and joint-manipulation techniques other
than an approved Handle With Care® method for release of a chokehold, bite,
or hair pull;
(F) modifying
restraint equipment;
(G) applying
any cuffing technique that connects handcuffs behind the back to ankle
restraints;
(H) dragging or lifting
of the youth by the hair or ear or by any type of mechanical
restraints;
(I) lifting a youth's
arms behind the back, while in mechanical restraints, in a manner that is
capable of causing injury to the shoulder;
(J) using other youth or untrained staff to
assist with the restraint;
(K)
securing a youth to another youth or to a fixed object, other than to an
agency-approved full-body restraint device; or
(L) administering a drug for controlling
acute episodic behavior as a means of physical restraint, except when the
youth's behavior is attributable to mental illness and the drug is authorized
by a licensed psychiatric provider or physician and administered by a licensed
medical professional.
(2) A physical contact that would otherwise
be prohibited by subsection (k)(1) of this section, does not include one that
is only accidental and momentary.
(l) Requirements for Planned Team Restraint
Situations.
(1) Criteria for Use. Planned
team restraint is authorized only to:
(A)
stop the youth from engaging in self-harm;
(B) prevent substantial property damage;
or
(C) recover a weapon or item
that has been adapted for use as a weapon and is capable of causing death or
serious bodily injury.
(2) Requirements for Use.
(A) Prior to approval of planned team
restraint, the facility administrator or administrative duty officer must
personally observe the situation. Only the facility administrator or
administrative duty officer may authorize a planned team restraint.
(B) All planned team restraints must be
videotaped when practical, including a recording of a verbal description of the
youth's conduct and all warnings provided the youth according to the
agency-approved script.
(C) Only
staff trained in planned team restraint may participate in the team that is
assembled for the room entry.
(D)
The youth must be warned to discontinue the misconduct at least two times after
the team is assembled and before the room entry. The team must provide
continuous opportunities for compliance during the room entry.
(E) Use of the riot shield during a planned
team restraint is limited to cases in which a youth has a weapon or a youth's
behavior indicates there is a significant risk of harm to the staff members
involved in the restraint.
(m) Requirements for Use of Mechanical
Restraints.
(1) Guidelines for Use.
(A) Mechanical restraint equipment must not
be secured so tightly as to interfere with circulation or so loosely as to
permit chafing of the skin.
(B)
When mechanical restraints are employed on a youth in a prone position, the
youth is placed on his/her side as soon as practical in order to help ensure
adequate respiration and circulation. The youth must be allowed to sit up as
soon as his/her behavior is under control.
(C) A mechanical restraint for other than
transportation, riot control, or medical purposes must be terminated as soon as
the purpose for which the youth was restrained under subsection (h) of this
section has been achieved, but in any event within 30 minutes, unless an
extension is granted. Extensions may be granted by the facility administrator
or designee for up to two-hour intervals until termination of
restraint.
(D) A mechanical
restraint for medical purposes must be terminated as soon as the purpose for
which the youth was restrained has been achieved or upon expiration of the
medical provider's order, whichever occurs first.
(E) When mechanical restraints are applied,
staff must:
(i) check the youth for adequate
respiration and circulation every 15 minutes;
(ii) provide regularly scheduled meals and
drinks;
(iii) provide opportunity
for elimination of bodily waste at least once every two hours; and
(iv) provide continuous visual supervision
and appropriate assistance until the mechanical restraint is
terminated.
(F)
Mechanical ankle and wrist restraints attached to a waist belt by a lead chain
may be used when transporting a youth to a security unit, within a security
unit, and from a security unit in order to prevent harm to the youth or others.
These restraints may not be attached in a manner that prevents the youth from
being able to stand upright. Mechanical restraints may remain on the youth for
the duration of the activity if circumstances warrant such
restraints.
(2)
Restrictions on Use During or After Childbirth.
(A) TJJD staff may not use mechanical
restraints to control the movement of a youth who is in labor, during delivery,
or during recovery from delivery unless the executive director or designee
determines that the use of restraints is necessary to:
(i) ensure the safety and security of the
youth, the infant, a staff member, or a member of the public; or
(ii) prevent a substantial risk that the
youth will attempt to escape.
(B) If restraint is approved by the executive
director or designee, staff must use the least restrictive type and method of
restraint necessary to achieve the purpose of the restraint.
(3) Mechanical Restraint Use by
TJJD Transportation Staff. Mechanical ankle and wrist restraints attached to a
waist belt by a lead chain must be used during secure transportation by
designated TJJD transportation staff. Exceptions may be made for youth being
transported following release on parole from a residential facility or when
medically necessary.
(4) Mechanical
Restraint Use by Other Transporters.
(A)
Mechanical ankle and wrist restraints attached to a waist belt by a lead chain
must be used during transportation when a youth is being transported to a high
restriction facility.
(B)
Mechanical ankle and wrist restraints attached to a waist belt by a lead chain
may be used when transporting a youth off-campus.
(n) Requirements for Use of OC
Spray.
(1) Authorization and Training for Use
of OC Spray.
(A) OC spray is permitted only
in TJJD-operated high restriction facilities.
(B) Unless reasonably believed necessary to
prevent loss of life or serious bodily injury, authorization to use OC spray
must be obtained from the facility administrator, assistant superintendent, or
administrative duty officer prior to each use.
(C) The only staff authorized to routinely
carry OC spray on-person are the facility administrator, assistant
superintendent, administrative duty officer, juvenile correctional officer
shift supervisor (one per shift), dorm supervisor, and security personnel whose
primary responsibility is to patrol the campus and respond to security-related
incidents. Any staff positions in addition to those listed must be authorized
in writing by the executive director or his/her designee.
(D) Only staff who have been trained by TJJD
in the use of OC spray are authorized to use it. TJJD's OC spray training
curriculum must include a requirement that each staff member be sprayed with OC
if:
(i) the staff member is receiving his/her
first OC spray training as a TJJD employee; and
(ii) exposure to OC is not medically
contraindicated.
(2) Criteria for Use.
(A) Except as provided in subparagraph (B) of
this paragraph, OC spray is authorized for use only when non-physical
interventions and other physical interventions have failed or are not
practical, and it is reasonably believed necessary to:
(i) quell a riot or major campus
disruption;
(ii) resolve a hostage
situation;
(iii) remove youth from
behind a barricade in a riot or self-harm situation;
(iv) secure an object that is being used as a
weapon and that is capable of causing serious bodily injury;
(v) protect youth, staff, or others from
imminent serious bodily injury; or
(vi) prevent escape.
(B) Unless reasonably believed necessary to
prevent loss of life or serious bodily injury, OC spray is not authorized for
use on a youth when a medical provider has diagnosed the youth with a chronic,
serious respiratory problem or other serious health condition identified by
TJJD (e.g., significant eye problems, known history of severe allergic reaction
to OC, or severe dermatological problems).
(3) Guidelines for Use.
(A) OC spray canisters must be carefully
controlled at all times.
(B) Any
youth affected by OC spray must be decontaminated with cool water as soon as
the purpose of the restraint has been achieved.
(C) Immediately following decontamination
from OC spray, medical staff must be contacted to examine and, if necessary,
treat and monitor all youth and staff affected by OC spray.
(D) Each individually assigned canister of OC
must be weighed at the time it is assigned and after each use.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.