Idaho Admin. Code r. 05.01.04.258

Current through September 2, 2024

Section 05.01.04.258 - PHYSICAL INTERVENTION

01.Appropriate Use of Physical Intervention. The detention center will have written policy and procedures which govern the use of physical intervention

a. The use of physical intervention will be restricted to the following situations, and then only to the degree necessary to restore order:

i. Instances of justifiable self-protection;

ii. The protection of others;

iii. The protection of property;

iv. The prevention of escapes; and

v. The suppression of disorder.

b. Physical intervention is not used as punishment.

02.Use of Chemical Agents. The detention center will have written policy and procedures which govern the use of chemical agents, if approved for use in the detention center.

a. The use of chemical agents is restricted to the following situations, and then only to the degree necessary to restore order:

i. Instances of justifiable self-protection;

ii. The protection of others;

iii. The prevention of escapes; and

iv. The suppression of disorder.

b. Chemical agents will only be administered by an individual who has been certified in its use by a qualified instructor.

c. Oleoresin Capsicum is the only chemical agent approved for use in juvenile detention centers.

03.Use of Electroshock Devices. The use of electroshock devices is prohibited in juvenile detention centers unless used by law enforcement officers responding to a call for assistance initiated by detention staff.

04.Use of Mechanical Restraints. The detention center will have written policy and procedures which govern the use of mechanical restraints, including notification of medical or mental health professionals.

a. The use of restraints is restricted to:

i. Instances of transfer;

ii. Instances of justifiable self-protection;

iii. The protection of others;

iv. The protection of property;

v. Medical reasons under the direction of medical staff;

vi. The prevention of escapes; and

vii. The suppression of disorder.

b. Restraints will not be used as punishment or for the convenience of staff.

c. Juvenile offenders in mechanical restraints are not left unattended except in documented exigent circumstances.

d. Eliminate the use of restraints on known pregnant juveniles housed in secure juvenile detention and correction facilities, during labor, delivery, and post-partum recovery, unless credible, reasonable grounds exist in accordance with Juvenile Justice and Delinquency Prevention Act Sec. 233. 34 U.S.C. 11133.

Idaho Admin. Code r. 05.01.04.258

Effective July 1, 2024