SECTION 343.818. Preventive Mechanical Restraints

For resident, staff, and public safety purposes, a resident may be placed in ankle cuffs, handcuffs, wristlets, or a waist belt absent the imminent threat requirements in §343.802(d) of this title. These types of preventive mechanical restraints are authorized under the following circumstances:

(1) Mechanical restraints may be used when moving a resident from point to point within the premises of a secure facility. The mechanical restraint devices shall be removed upon completion of the resident's relocation.

(2) Mechanical restraints may be used when transporting a resident in a vehicle. However, a resident shall not be secured to:

(A) any part of the vehicle; or

(B) another resident.

(3) Mechanical restraints may be used when a resident is required to leave the secure confines of the facility.

(4) The routine, preventive use of mechanical restraint applications described in this section is exempt from the documentation requirements contained in §343.806 of this title, except when:

(A) the resident's cooperation is compelled through the use of a personal or chemical restraint;

(B) the resident receives an injury in relation to the restraint event or restraint devices; or

(C) the resident's behavior escalates to the imminent threat criteria listed in §343.802(d) of this title.

Source Note: The provisions of this §343.818 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243