Texas Register, Volume 32, Number 44, Pages 7777-8060, November 2, 2007 Page: 7,862
7777-8060 p. ; 28 cm.View a full description of this periodical.
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(8) Movement of a non-compliant youth from a dangerous
or disruptive situation when immediate compliance is necessary;
(9) To allow for a search of a non-compliant youth rea-
sonably believed to be in possession of a weapon or item that can be
adapted for use as a weapon, a controlled substance, or other item that
poses a risk to the security of the facility;
(10) To allow for a search of a non-compliant youth enter-
ing the security unit; or
(11) Administration of medical treatment to a non-compli-
ant youth when, under the circumstances, failure to administer the treat-
ment could have serious health implications as determined by a health-
care professional.
(g) Threat Assessment Prior to Implementing Force. Prior to
the implementation of force, a threat assessment should be conducted
to evaluate the youth's opportunity, ability, and risk to do harm.
(1) Opportunity--whether the youth has a reasonable op-
portunity to carry out the threat.
(2) Ability--whether the youth presents a threat to safety
and security and has a reasonable ability to carry out the threat.
(3) Risk--how serious is the risk of harm to self or others
or damage to property if force is or is not used.
(h) Approved Techniques for Use of Force. Techniques that
may be used are limited to:
(1) agency-trained:
(A) mechanical restraints;
(B) OC spray;
(C) physical restraint; and
(D) full-body restraints, under certain limited circum-
stances; and
(2) other non-prohibited methods of physical restraint that
under the totality of circumstances existing at the time:
(A) are more practical than the agency-trained method
of physical restraint, taking into account the youth's and staff's partic-
ular vulnerability to harm;
(B) involve a use of force that is measured and progres-
sive to a degree no greater than that reasonably necessary to achieve
the objective; and
(C) do not unduly risk serious harm or needless pain to
the youth or staff.
(i) Implementation of Force. When practicable, strategy
should be planned in advance and directed by a security staff who
is not physically involved. When practicable, the entire use of force
should be recorded, including efforts to reason with the youth. In all
cases, staff must provide justification for the force applied.
(1) Use of Mechanical Restraints.
(A) Mechanical restraints are temporary restraining de-
vices and provide only limited control. The use of mechanical restraints
should be terminated as soon as possible.
(B) Only employees who are trained in the application
of mechanical restraints are authorized to carry and use mechanical
restraints.
(C) When mechanical restraints are employed, staff will
ensure the youth's safety by:(i) checking the youth for adequate respiration and
circulation every 15 minutes until termination of the restraint;
(ii) providing continuous visual supervision; and
(iii) providing assistance, as appropriate, during
transportation to the security unit and until the restraining devices
have been removed.
(D) Extensions may be granted for additional 30-min-
utes intervals, until termination of restraint. If an extension is granted,
medical staff will examine the youth every 15 minutes until termina-
tion of restraint.
(2) Use of OC Spray.
(A) Except as indicated in subparagraph (B) of this
paragraph, OC spray is authorized for use only in high restriction
facilities operated by TYC.
(B) Use of OC spray is prohibited in facilities and pro-
grams of less than high restriction which are operated by or under con-
tract with TYC and in high restriction facilities or programs operated
under contract with TYC, unless written authorization from the TYC
executive director or designee exempts a facility or program from this
prohibition.
(C) OC spray is authorized for use only when other less
restrictive interventions have failed or are determined to be impracti-
cable.
(D) In high restriction facilities operated by TYC, the
following are the only staff authorized to use OC spray and routinely
carry it on-person:
(i) facility administrator;
(ii) assistant facility administrator;
(iii) administrative duty officer;
(iv) security personnel whose regular assignment is
outside the security unit;
(v) supervisory-level dorm personnel; and
(vi) Juvenile Correctional Officer IV or above in the
same line of authority whose regular assignment is inside the security
unit.
(E) No staff member is authorized to use or carry OC
spray until he/she has completed the agency-approved OC training.
(F) The amount of OC used will be the minimum
amount necessary to gain compliance.
(G) After OC has been used and the situation has been
brought under control, any youth or area affected by the chemical agent
will be properly decontaminated as soon as possible, and any affected
youth will be examined by medical staff as soon as possible.
(3) Restrictions on Use of OC Spray.
(A) Unless necessary to prevent loss of life, imminent
damage to property, or imminent bodily injury to persons, OC spray
should not be used against a youth who has a mental health diagnosis
until a mental health staff has been contacted and has attempted to con-
trol the situation.
(B) Unless necessary to prevent loss of life, property
from imminent damage, or imminent bodily injury to persons, OC
spray is not authorized for use on a youth who has been identified by
a medical staff as:
(i) having a known allergic reaction to OC; or32 TexReg 7862 November 2, 2007 Texas Register
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Texas. Secretary of State. Texas Register, Volume 32, Number 44, Pages 7777-8060, November 2, 2007, periodical, November 2, 2007; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97421/m1/84/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.