Kan. Admin. Regs. § 123-5-106

Current through Register Vol. 43, No. 40, October 3, 2024

Section 123-5-106 - Use of force or restraint on offenders

(a) All juvenile correctional officers and other agency employees authorized to perform law enforcement duties in the discharge of their duties when preventing escapes, apprehending escapees, and maintaining security, control, and discipline in the correctional situation shall adhere to the following:

(1)K.S.A. 21-3215, and amendments thereto, regarding use of force by a law enforcement officer in making an arrest; and

(2) the applicable internal management policies and procedures.

(b) The use of mechanical restraints on an offender for punitive purposes shall be prohibited. Mechanical restraints may be used only when necessary in the following instances:

(1) When transporting the offender;

(2) upon the advice of clinical personnel that the offender could cause injury to self or others, or when, based on the past history or present behavior, it appears likely that the offender will cause injury to self or others;

(3) when hospitalizing the offender outside the juvenile correctional security setting; and

(4) when part of authorized practice in routine security procedures applied to an offender, based on the offender's security classification.

(c) No restraining device shall be applied in a manner that is likely to cause significant physical pain or undue discomfort, restrict blood circulation or breathing, or otherwise injure or incapacitate the offender beyond the extent necessary to maintain security and control.

This regulation shall be effective on and after April 8, 2005.

Kan. Admin. Regs. § 123-5-106

Authorized by and implementing K.S.A. 2004 Supp. 75-7024, K.S.A. 75-7025, and K.S.A. 76-3203; effective April 8, 2005.