Cal. Code Regs. tit. 15 § 3268.2

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 3268.2 - Use of Restraints

(a) Only state issued restraint gear and equipment that has been authorized by the CDCR for use at the discretion of staff shall be issued/assigned to an employee or carried/used by an employee while on duty. Any use of unauthorized restraint gear or equipment or use of approved restraint gear or equipment in a manner other than specified in (b) shall require a pre-approval in writing by the Hiring Authority of the institution/facility/unit that is making the request.

(b) Mechanical means of physical restraint may be used only under the following circumstances:

(1) When transporting a person between locations.

(2) When a person's history, present behavior, apparent emotional state, or other conditions present a reasonable likelihood that he or she may become violent or attempt to escape.

(3) When directed by licensed health care clinicians, to prevent a person from attempting suicide or inflicting injury to himself or herself.

(c) Mechanical restraints shall not be:

(1) Used as punishment.

(2) Placed around a person's neck.

(3) Applied in a way likely to cause undue physical discomfort or restrict blood flow or breathing. e.g., hog-tying.

(4) Used to secure a person to a fixed object, except as a temporary emergency measure or if using a Security Module as defined in section 3000. However, a person who is being transported shall not be locked in any manner to any part of the transporting vehicle.

(5) Placed on an incarcerated person during labor, including during transport to a hospital, during delivery, and while in recovery after giving birth, unless circumstances exist that require the immediate application of mechanical restraints to avoid the imminent threat of death, escape, or great bodily injury, and only for the period during which such threat exists.

(d) When mechanical restraint is required, handcuffs, alone or attached to a waist chain, will be the means of restraint normally used. However, additional mechanical restraint, including leg restraints, additional chains, straight jackets, leather cuffs, or other specialized restraint equipment may be used when the circumstances indicate the need for the level of control that such devices will provide. The unresisted application of authorized restraint equipment is not a use of force.

(e) Use of mechanical restraints on persons confirmed, or suspected by health care staff to be pregnant shall be subject to the following requirements:

(1) No leg restraints or waist chains shall be applied.

(2) If handcuffs are applied, the person's arms shall be brought to the front of her body for application.

(3) When transporting a pregnant incarcerated person off institutional grounds, the application of restraint gear shall be restricted to handcuffs to the front of the incarcerated person only. If the pregnant incarcerated person is in labor, the rules provided in subsection 3268.2(c)(5) shall also be followed.

(f) Use of restraint equipment by direction of licensed health care clinicians shall be fully documented in the medical file of the restrained parolee incarcerated or supervised person.

(g) Holding Cells:

A holding cell is a secure structure located within a building or sheltered area that is without running water, a toilet, or sleeping facilities, and is designed for the interim placement of one or more offenders.

(h) Staff shall not use any restraint or transportation method, which might unreasonably impair an individual's breathing or respiratory capacity; however, necessary pressure or body weight may be applied to ensure the individual is adequately and safely controlled. Once controlled, the individual shall be placed into a recovery position (e.g., supine or seated) and monitored for signs of medical distress, including signs of asphyxia.

Cal. Code Regs. Tit. 15, § 3268.2

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 196, 835a, 2650, 2651, 2652, 2652.5, 3423, 5007.7 and 5054, Penal Code; Madrid v. Cate (U.S.D.C. N.D. Cal. C90-3094 TEH); and Section 7286.5, Government Code.

1. Renumbering of former section 3280 to new section 3268.2, including amendment of section heading, section and Note, filed 3-12-99 as an emergency; operative 4-1-99 (Register 99, No. 11). A Certificate of Compliance must be transmitted to OAL by 9-8-99 or emergency language will be repealed by operation of law on the following day pursuant to Penal Code section 5058(e)(1).
2. Editorial correction of History1 (Register 99, No. 24).
3. Certificate of Compliance as to 4-1-99 order transmitted to OAL 9-8-99 and filed 10-20-99 (Register 99, No. 43).
4. New subsections (b)(5) and (d)(1)-(3), subsection relettering and amendment of Note filed 3-6-2008; operative 4-5-2008 (Register 2008, No. 10).
5. Amendment of section and Note filed 8-19-2010; operative 8-19-2010 pursuant to Government Code section 11343.4(Register 2010, No. 34).
6. Amendment of subsection (d) filed 6-17-2015 as an emergency; operative 6/17/2015 (Register 2015, No. 25). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-24-2015 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 6-17-2015 order transmitted to OAL 11-17-2015 and filed 12/30/2015 (Register 2016, No. 1).
8. Amendment of subsection (c)(4) filed 3-10-2016; operative 3/10/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 11).
9. New subsections (g)-(h) and amendment of Note filed 11-16-2022; operative 11/16/2022 (Register 2022, No. 46). Filing deadline specified in Government Code section 11349.3(a)extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
10. Change without regulatory effect amending subsections (c)(5), (e)(3) and (f) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).