Okla. Admin. Code § 377:10-1-4

Current through Vol. 42, No. 4, November 1, 2024

Section 377:10-1-4 - Use of physical force and/or mechanical restraints

(a)Use of physical force. Title 10A O.S. , § 2-7-604 prohibits the use of physical force in institutions and other facilities operated by or contracted with OJA except:

(1) when necessary for self-protection;

(2) to separate juveniles who are fighting;

(3) to restrain juveniles who are in danger of harming themselves or others; or

(4) to restrain juveniles who have escaped or are in the process of escaping.

(b)Use of mechanical restraints. The use of mechanical restraints in institutions or other facilities operated by or contracted with OJA for any purpose is prohibited except upon a juvenile's hands and/or legs as specifically provided for in this subsection. Mechanical restraints may be employed only in the following situations:

(1) for transporting a juvenile to or from a facility when there are reasonable grounds to believe that the juvenile is a serious escape risk or a threat to the public safety; or

(2) within OJA institutions, to gain control of a violently out-of-control juvenile or in situations where multiple juveniles are collectively engaged in physically assaultive behavior. If the juvenile is not transported to a place of separation or confinement, the restraints shall be removed as soon as staff have gained control of the situation or the juvenile is no longer violently out of control.

(3) within OJA institutions, to transport a violently out-of-control juvenile to a place of separation or confinement, but only after less restrictive methods of control have failed. When the restraints are employed in this situation, the restraints shall be removed as soon as the juvenile regains control but no later than the time that the juvenile is placed into solitary confinement. Under no circumstances shall OJA staff or contractors apply the restraints as punishment.

(4) A "walk and talk" policy shall be implemented wherein the juvenile is first afforded the opportunity to voluntarily walk to a place of separation or confinement without the application of any mechanical restraints.

(c)Additional restraints. The following use of mechanical restraints may be employed:

(1) bellychain;

(2) humane blanket wrap;

(3) newly developed mechanical restraint methods or practices that are no more restricted than those authorized by this subsection and reflect current standards of practice in the juvenile justice field.

(d)Prohibited restraints. The practice of attaching hands and feet, as in hog-tying, is presumptively punitive and is specifically prohibited. The use of a restraint chair is prohibited.

Okla. Admin. Code § 377:10-1-4

Added at 14 Ok Reg 1864, eff 6-2-97; Amended at 15 Ok Reg 3628, eff 6-1-98 (emergency); Amended at 16 Ok Reg 2969, eff 7-12-99; Amended at 18 Ok Reg 2159, eff 7-1-01; Amended at 28 Ok Reg 1993, eff 7-15-11

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014