D.C. Mun. Regs. r. 22-A513

Current through Register Vol. 71, No. 25, June 21, 2024

Rule 22-A513 - LEGALLY MANDATED RESTRAINTS

513.1

This chapter does not govern the use of legally mandated restraints. Legally mandated restraints are restraints ordered by a court of law or restraints that are applied, monitored, and removed at the discretion of a law enforcement officer, such as a Deputy United States Marshal, an agent of the Secret Service, or an officer of the Metropolitan Police Department, with custody of a consumer, or restraints applied by hospital staff to a maximum security consumer when being transported outside the facility, in accordance with forensic services policy approved by the chief clinical officer of DMH.

513.2

Metal handcuffs and anklets are prohibited, except with maximum security consumers, who are secured by forensic services personnel in accordance with forensic services policy approved by the chief clinical officer of DMH, or the order of a judge, U.S. Marshall or other law enforcement agency with appropriate jurisdiction for transport to:

(a) The District of Columbia Superior Court or District Court of Appeals;

(b) Any Federal Court;

(c) Any facility outside of the hospital's forensic services facility, including, but not limited to facilities outside the hospital grounds.

513.3

All procedures required for application of emergency restraint, which are set forth in this chapter shall be followed, unless specifically superseded by court order or the policy of the law enforcement agency with custody of the consumer.

D.C. Mun. Regs. r. 22-A513

New by emergency and proposed rulemaking at 51 DCR 8691 (September 3, 2004)[EXPIRED]; as amended by emergency and proposed rulemaking at 51 DCR 11863 (December 31, 2004)[EXPIRED]; as amended by emergency and propose rulemaking at 52 DCR 5957 (June 24, 2005)[EXPIRED]; Final Rulemaking published at 52 DCR 7229 (August 5, 2005)