Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.94-021 - Reg. 403 - Use of Restraints

Current through Register Vol. 49, No. 6, June, 2024
DCP
		  4.4
DOC 403 Use of
		  Restraints
I.
AUTHORITY
:
The authority of the Board of Correction and Community Punishment
			 to promulgate this Administrative Regulation is vested in Act 50 of 1968, First
			 Extraordinary Session, as amended; Acts 548 and 549 of 1993 (Ark. Code Ann. ss
			 16-93-1203
			 and
			 12-27-105
			 of 1993).
II.
PURPOSE
:
To provide department personnel or contracted staff guidance
			 regarding the use of restraints.
III.
APPLICABILITY
:
Wardens/center supervisors; chief administrative officers;
			 security personnel; any staff required to restrain offenders in the performance
			 of their duties; and offenders.
IV.
DEFINITIONS
:
A.
Restraints
:
		  Security equipment used to prevent escape, assault, or the commission of some
		  other offense by violent or disruptive offenders; and to protect employees,
		  offenders, and other individuals.
B.
Offenders
:
		  Persons sentenced to the Department of Correction or persons sentenced to the
		  Department of Correction for judicial transfer to the Department of Community
		  Punishment and persons confined within a community punishment center as a
		  condition of probation, suspended imposition of sentence or post prison
		  transfer or, if appropriate, under the supervision of the Department of
		  Community Punishment.
V.
POLICY
:
It shall be departmental policy to use restraints only when
			 circumstances require the protection of offenders, staff, or other individuals
			 from potential harm or to deter the possibility of escape.
VI.
PROCEDURES
:
A. Use of Equipment
1. Upon the determination of the
		  warden/center supervisor, chief administrative officer, or designee, handcuffs
		  and/or leg irons may be utilized when escorting/moving offenders within or on a
		  unit/center.
a. Leg irons may also be utilized
		  to provide additional security.
2. Handcuffs and/or security belts may be
		  employed to restrain any offender in segregation when said offender is moved
		  within the unit/center.
3.
		  Restraint devices shall not be removed until the offender is placed in a secure
		  area or upon the express approval of the warden/center supervisor, chief of
		  security, or designee. Restraints will not be used longer than is
		  necessary.
4. Mechanical means of
		  restraint will not be used as punishment. No mechanical restraints will be
		  placed about the neck of an offender, nor will restraint equipment be applied
		  in any way so as to inflict physical pain or to restrict blood circulation or
		  breathing.
5. Use of restraints
		  within the cell shall be determined by the warden/center supervisor and/or
		  medical mental health authorities.
B. Training
1. New employees will participate in one hour
		  of pre-service training that will include the policy, use, and practice of
		  applying restraint equipment.
2.
		  In-service training classes in the policy, use, and practice of applying
		  restraint equipment should be held at least twice a year. Officers will
		  participate in at least one refresher course per year.
3. All pre-service and in-service training
		  will be coordinated through the Arkansas Department of Correction/Community
		  Punishment Training staff.
VI.
REFERENCES:
ACA Standard 3-4l33; 3-4322; 3-4183-1
Board Approval Date: 2/17/94
Effective Date: 3/10/94
Supersedes: DCP 4.4 DOC 403
Dated: 1/19/94 2/27/92