N.J. Admin. Code § 13:92-7.5

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:92-7.5 - Physical and mechanical restraints

(a) Written policy, procedure, and practice shall require a progressive response for juveniles who pose a danger to themselves, others, or property unless the circumstances do not permit a progressive response. The progression shall:

1. Begin with verbal calming;

2. Use the least aggressive physical restraint necessary to control the behavior;

3. Proceed to mechanical restraint only when other interventions are inadequate to deal with the situation; and

4. Require the least restrictive mechanical restraint necessary to control the behavior.

(b) Written policy, procedure and practice shall restrict the use of physical and/or mechanical restraints to instances of justifiable self-protection, the protection of others, the residents and property, and the prevention of escapes, and are to be used only as a last resort. Residents shall be removed from mechanical restraints when no longer posing a threat.

1. If physical force is required, the use of force shall be reasonable under the circumstances existing at the moment the force is used.

(c) Only those physical and mechanical restraint techniques that are included in the New Jersey Police Training Commission (P.T.C.)-approved Basic Course for Juvenile Detention Officers or other P.T.C.-approved training authorized by the Commission may be used to restrain juveniles in juvenile detention facilities.

(d) Detention staff shall not be approved to use physical restraints or mechanical restraints, unless they have been trained in the use of such restraints.

1. Training shall include methods of monitoring and assessing a restrained juvenile for injuries or loss of circulation as a result of the use of mechanical restraint.

(e) Mechanical restraints approved for use in juvenile detention facilities shall include:

1. Handcuffs;

2. Leather restraints;

3. Leg irons; and

4. Restraint chair.

(f) Application shall be made to the Commission for approval to use any other mechanical restraint. Written approval by the Commission shall be obtained prior to use of the restraint.

(g) The use of padded cells shall be prohibited.

(h) Juveniles shall not be mechanically restrained to any fixed object, such as room furnishings or fixtures, or hog-tied, or restrained in any unusual position.

(i) Mechanical restraints shall not be applied as punishment.

(j) Approval by the facility administrator, or his or her designee, shall be required prior to each use of any mechanical restraint except in emergency situations. In the event of an emergency situation, the administrator, or his or her designee, shall be notified at the earliest possible opportunity. The facility administrator, or his or her designee, shall be required to approve continued use of any mechanical restraint every 30 minutes. Approval of the facility administrator, or his or her designee, is not needed when mechanical restraints are used for the transportation of juveniles.

(k) Staff members shall ensure the safety of the juvenile(s) in mechanical restraints and maintain constant visual supervision of the juvenile(s).

(l) A juvenile in any mechanical restraint shall have access to water, meals, and toilet facilities.

(m) The facility administrator, or his or her designee, shall immediately assess the juvenile upon the application of a mechanical restraint for any injuries and to ensure the juvenile's circulation is not or was not impaired upon the application of the mechanical restraint, except for the transportation of juveniles. The facility administrator, or his or her designee, shall make repeated assessments of the juvenile's behavior and circulatory status every 15 minutes for the duration of restraint and document this in the juvenile's file. At the earliest possible opportunity, a medical professional such as a physician, licensed physician assistant, advanced practice nurse, registered nurse, or licensed practical nurse shall examine every juvenile involved in a physical and/or mechanical restraint and document this in the juvenile's medical file.

(n) Whenever a mechanical restraint is used for more than 30 minutes, except for the transportation of juveniles, the medical or social service staff, or facility administrator or designee if the medical or social service staff are not available, shall determine whether there is reason to suspect a mental health problem and document this determination in the juvenile's medical file.

1. If a mental health problem is suspected, the medical or social service staff, or facility administrator, or his or her designee, if the medical or social service staff are not available, shall consult a licensed mental health professional and document the results of that consultation in the juvenile's medical file.

2. A new determination whether there is reason to suspect a mental health problem shall be made and documented at the end of each 30-minute period by the medical or social service staff, or facility administrator, or his or her designee, if the medical or social service staff are not available. If a mental health crisis is suspected, an emergency mental health crisis assessment shall be obtained which may result in the removal of the juvenile from the facility.

(o) Each use of a mechanical restraint, except when used during transportation outside the secure area, shall be documented in the mechanical restraint log prior to the end of the shift on which the restraint occurred (see 13:92-6.6) .

(p) Each application of a physical or mechanical restraint, except when used to transport a juvenile, shall be fully documented in the juvenile's file, including:

1. The date;

2. The time a restraint was imposed and each time a mechanical restraint was removed to provide access to water, meals, and toilet activities;

3. The staff involved;

4. The circumstances;

5. The reason(s) for the use of a restraint;

6. The duration of the use of a restraint, at one time and cumulatively during any 24-hour period;

7. The type(s) of physical or mechanical restraint used;

8. All less intrusive interventions that were tried and proved unsuccessful in managing the behavior;

9. The mental health evaluation, if applicable;

10. The name and title of the person authorizing the restraint;

11. The results of the assessment regarding injuries, illness or loss of circulation at the time mechanical restraint was imposed and removed; and

12. Any action taken to obtain a mental health assessment or any other intervention to remove the juvenile from the facility.

(q) The use of chemical and/or natural agents, such as mace, pepper spray, or other similar agents, shall be prohibited within the detention facility. The facility administrator may authorize trained juvenile detention officers to carry and use pepper spray only while transporting juveniles outside the facility to court, hospitals, clinics, etc.

1. All juvenile detention officers authorized by the facility administrator to use pepper spray shall receive training and semiannual re-training in pepper spray use and its effects in a class approved by the Police Training Commission (PTC).

N.J. Admin. Code § 13:92-7.5

Amended by 50 N.J.R. 2241(a), effective 11/5/2018