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§ 1058. Use of Restraint Devices.


Barclays Official California Code of Regulations Currentness
Title 15. Crime Prevention and Corrections
Division 1. Board of State and Community Corrections
Chapter 1. Board of State and Community Corrections
Subchapter 4. Minimum Standards for Local Detention Facilities
Article 5. Classification and Segregation
15 CCR § 1058
§ 1058. Use of Restraint Devices.
The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures for the use of restraint devices and may delegate authority to place an inmate in restraints to a responsible health care staff. In addition to the areas specifically outlined in this regulation, at a minimum, the policy shall address the following areas: acceptable restraint devices; signs or symptoms which should result in immediate medical/mental health referral; availability of cardiopulmonary resuscitation equipment; protective housing of restrained persons; provision for hydration and sanitation needs; and exercising of extremities.
In no case shall restraints be used for punishment or as a substitute for treatment.
Restraint devices shall only be used on inmates who display behavior which results in the destruction of property or reveal an intent to cause physical harm to self or others. Restraint devices include any devices which immobilize an inmate's extremities and/or prevent the inmate from being ambulatory. Physical restraints should be utilized only when it appears less restrictive alternatives would be ineffective in controlling the disordered behavior.
Inmates shall be placed in restraints only with the approval of the facility manager, the facility watch commander, responsible health care staff; continued retention shall be reviewed a minimum of every hour. A medical opinion on placement and retention shall be secured within one hour from the time of placement. A medical assessment shall be completed within four hours of placement. If the facility manager, or designee, in consultation with responsible health care staff determines that an inmate cannot be safely removed from restraints after eight hours, the inmate shall be taken to a medical facility for further evaluation.
Direct visual observation shall be conducted at least twice every thirty minutes to ensure that the restraints are properly employed, and to ensure the safety and well-being of the inmate. Such observation shall be documented. While in restraint devices all inmates shall be housed alone or in a specified housing area for restrained inmates which makes provisions to protect the inmate from abuse.
The provisions of this section do not apply to the use of handcuffs, shackles or other restraint devices when used to restrain inmates for security reasons.
Note: Authority cited: Sections 6024 and 6030, Penal Code. Reference: Section 6030, Penal Code.
1. Change without regulatory effect adding new section 1058 (Register 86, No. 32).
2. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
3. Amendment of second paragraph filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
4. Amendment of section heading and section filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
5. Amendment of second and third paragraphs and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
6. Amendment filed 1-26-2017; operative 4-1-2017 (Register 2017, No. 4).
This database is current through 7/29/22 Register 2022, No. 30
15 CCR § 1058, 15 CA ADC § 1058
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