63HER06-1: Purpose and Scope.
63HER06-2: Definitions.
63HER06-3: Authorized Levels of Response.
63HER06-4: Authorized Techniques.
63HER06-5: Authorized Mechanical Restraints.
63HER06-6: Supervision of Youth in Mechanical Restraints.
63HER06-7: Documentation and Retention of Records.
63HER06-8: Medical Requirements for Training.
63HER06-9: Certification.
63HER06-10: Cross-Over Training.
63HER06-11: Rehired Employee Training.
63HER06-12: Annual Training Requirement.
63HER06-13: Testing Requirements.
63HER06-14: Training Instructor Qualifications.
63HER06-15: Training Instructor Certification Renewal.
63HER06-16: Law Enforcement Operations and Partnerships.
SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE: The 2006 Legislature passed House Bill 5019, which became law on May 31, 2006, as chapter 2006-62, Laws of Florida. The law establishes Sheriffs Training and Respect (STAR) programs beginning on the July 1, 2006 effective date. The law requires the programs to follow the Department of Juvenile Justices Protective Action Response (PAR) policy established by Department rule. Required rules must be in place by the July 1, 2006 effective date, and the Department is specifically authorized to adopt emergency rules for this purpose.
REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:
SUMMARY: These sixteen rule sections establish Protective Action Response (PAR) as the only authorized verbal and physical intervention program to be trained and utilized by direct care staff in state operated or contracted facilities and programs, including those such as STAR programs which are operated by law enforcement under contract with the Department. The rule defines PAR interventions including the use of mechanical restraints, and establishes PAR training and curriculum.
THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Clyde Benedix, Policy Development Officer, Department of Juvenile Justice, Office of Administration, 2737 Centerview Drive, Ste. 312, Tallahassee, FL 32399-3100, phone number (850) 921-4116.
THE FULL TEXT OF THE EMERGENCY RULE IS:
63HER06-1 Purpose and Scope.
This rule establishes a statewide framework to implement procedures governing the use of verbal and physical intervention techniques and mechanical restraints. Protective Action Response, as authorized by the Department, shall be the only verbal and physical intervention program trained and utilized by direct care staff in state-operated and contracted (including law enforcement operated) facilities and programs.
EFFECTIVE DATE: July 1, 2006
Specific Authority 985.4055, 985.405 F.S. Law Implemented 985.4055, F.S. HistoryNew 7-01-06.
63HER06-2 Definitions.
(1) Active Resistance Youth makes physically evasive movements to defeat an employees attempts to control; for example, bracing, tensing, and attempting to push or pull away from an employee.
(2) Actively Engaged An employee is participating in the practical performance or application of any one of the approved physical intervention techniques or mechanical restraints.
(3) Administrator One whose primary responsibility is overseeing the daily operations of a facility, program or probation circuit.
(4) Aggravated Resistance Youth makes overt, hostile, attacking movements with or without a weapon with the apparent intent and apparent ability to cause death or great bodily harm to the employee, self, or others; for example, striking with a stick, banging head against the wall, or swinging a razor blade.
(5) CJSTC Criminal Justice Standards and Training Commission.
(6) Combative Resistance Youth makes overt, hostile, attacking movements that may cause injury; for example, slapping, pushing, or charging.
(7) Control Techniques Techniques used to control and/or move a youth from point A to point B with minimum effort by the employee in order to gain and retain control over the youth.
(8) Countermoves Techniques that impede a youths movement toward an employee or others; for example, blocking, distracting, evading, redirecting, or avoiding.
(9) Designated Health Authority This individual is responsible for the provision of necessary and appropriate health care to youth in the physical custody of a secure detention center or residential/correctional facility. An individual designated health authority must be a physician (MD) or osteopathic physician (DO) who holds an active license (pursuant to Chapter 458 or Chapter 459,
(10) Dialogue A two-way, controlled, non-emotional communication between the employee and the youth aimed at problem identification and/or resolution.
(11) Direct Care State or contracted employees who have direct contact with youth and whose duties include providing the immediate care, supervision, custody, case management, or control of youth.
(12) Facility - A contracted or state-operated staff-secure or physically secure environment that provides custody, care, and confinement of youth alleged or found to have committed a violation of law. This includes, but is not exclusively limited to, secure detention, consequence units, law enforcement operated facilities, and residential commitment programs.
(13) Facility Employee Any employee who exercises direct care in a state-operated or contracted residential or detention facility.
(14) Hard Mechanical Restraints Restraint devices constructed from inflexible material; for example, metal handcuffs, leg cuffs, and waist chains.
(15) Individual Health Care Record The compilation of all records related to a youths medical, dental and mental health.
(16) Master PAR Instructor An advanced qualified instructor who assists Protective Action Response (PAR) trainers in maintaining quality delivery of PAR training and evaluation for PAR certification.
(17) Mechanical Restraints This includes hard and soft mechanical restraints as defined in this rule.
(18) Mechanical Restraints Supervision Log The form used to document an employees use of mechanical restraints as a result of a Level 3 response.
(19) Medical Release A form signed and dated by a licensed physician that authorizes an employee to perform the physical intervention techniques that were checked on the Medical Status form.
(20) Medical Status A form signed and dated by a licensed physician that identifies the physical intervention techniques listed on the applicable PAR Training Plan an employee cannot perform and why.
(21) PAR Medical Review The review deemed necessary as a result of the Post PAR Interview.
(22) Passive Resistance The youth physically refuses to comply or respond. The youth does not attempt to physically defeat the actions of the employee but forces an employee to use physical maneuvers to establish control.
(23) Post PAR Interview The interview conducted by the designated health authority or designee following a Level 2 or Level 3 response.
(24) Program - A contracted or state-operated non-residential environment providing supervision of youth who have been identified to receive services within the community. This includes, but is not exclusively limited to, non-secure detention, home detention, juvenile assessment centers, Intensive Delinquency Diversion Services (IDDS) programs, conditional release programs, screening and intake units, and day treatment programs.
(25) Program Employee Any employee who exercises direct care for a state-operated non-residential or contracted program.
(26) Protective Action Response (PAR) The department-approved verbal and physical intervention techniques and the application of mechanical restraints used in accordance with this rule, the Protective Action Response Escalation Matrix, and PAR training curricula.
(27) Protective Action Response Certification This applies to an employee who has successfully completed PAR training as described in this rule. Only employees who are PAR certified are authorized to use PAR.
(28) Protective Action Response Escalation Matrix This document provides guidance as to the authorized level of response based upon the youths level of resistance.
(29) Protective Action Response Incident Report - The form used to document the occurrence of an event where an employee has used one of the enumerated physical intervention techniques.
(30) Protective Action Response Performance Evaluation This document is used to measure an employees or PAR Instructors ability to perform verbal and physical intervention techniques and apply mechanical restraints.
(31) Protective Action Response Training Plan This identifies the specific techniques that program and facility employees shall be trained to use. The identified techniques are the only techniques employees are authorized to use.
(32) Soft Mechanical Restraints Restraint devices that are made with flexible materials; for example, Velcro, nylon flex cuffs (also known as zip cuffs), and leather.
(33) Takedowns Techniques that redirect a youth to the ground in a controlled manner in order to limit the youths physical resistance and to facilitate the application of a restraint device, if needed.
(34) Touch Employee uses a familiar touch when directing, or a custodial touch prior to escalating to a higher level of force.
(35) Verbal Directions Employee tells or commands a youth to engage in, or refrain from, a specific action or non-action.
(36) Verbal Resistance Youth verbally refuses to comply with an employees verbal attempts to control the situation. Youth may threaten employee with further resistance.
EFFECTIVE DATE: July 1, 2006
Specific Authority 985.4055, 985.405 F.S. Law Implemented 985.4055, F.S. HistoryNew 7-01-06.
63HER06-3 Authorized Levels of Response.
(1) LEVEL 1 RESPONSE - This level of employee response consists of verbal intervention techniques and shall be utilized in response to all levels of resistance by the youth. Verbal intervention techniques shall be the initial response by an employee to resistance by a youth except where physical intervention techniques are necessary to prevent: physical harm to the youth, employee or another person; property damage; or the youth escaping or absconding from lawful supervision.
(2) LEVEL 2 RESPONSE - In this level of response, verbal attempts to diffuse a youth or situation have been exhausted, and the youth has initiated passive, active, combative, or aggravated resistance. Physical intervention techniques may encompass the use of touch, countermoves, control techniques, or takedowns as described in Rule 63ER06-4.
(3) LEVEL 3 RESPONSE - This level of response involves the use of mechanical restraints. The use of mechanical restraints is authorized in situations where a youth has initiated active, combative, or aggravated resistance, and in situations where a youth poses a physical threat to self, employees, or others. See Rules 63ER06-5, -6 and -7 for an explanation of duties and responsibilities when using mechanical restraints. See Rule 63ER06-4 for a deion of authorized mechanical restraint techniques for facility employees.
(4) All responses shall be commensurate with the youths level of resistance according to the PAR Escalation Matrix and this rule. The PAR Escalation Matrix (revised 6/01/06) is incorporated by reference, and is available at the Departments Web site (http://www.djj.state.fl.us).
(a) Additionally, responses shall only be used when reasonably necessary to control youth and only after all reasonable alternatives have been exhausted, including verbal persuasion, warnings, and verbal intervention techniques; or when the alternatives are considered inappropriate due to the rapid escalation of dangerous behavior.
(b) Prior authorization for the use of physical intervention techniques and mechanical restraints shall be obtained from the supervisor or acting supervisor unless doing so could result in physical harm to the youth, employee or another person, property damage, or the youth escaping or absconding from lawful supervision.
(c) PAR certified employees shall immediately report the following intervention actions to their immediate supervisor or acting supervisor and these incidents shall be documented per Rule 63ER06-7:
1. Level 2 responses including counter moves, control techniques, and takedowns.
2. Level 3 applications of soft or hard mechanical restraints.
(d) In the event a youth is armed with a weapon and there is imminent danger of bodily harm or death, facility and program employees shall immediately request emergency assistance from local law enforcement, and if possible, isolate or contain the youth.
(e) If a youth is in the process of inflicting grave bodily harm, or possible death, upon others or self, facility and program employees shall immediately contact law enforcement. Employees are authorized to use reasonable and necessary means to stabilize the situation even if they fall beyond the scope of PAR.
(5) This rule prohibits the use of
a Taser on a youth, and
(b) aerosol or chemical agents, including but not limited to oleoresin capsicum spray and ammonia capsules, unless required for medical treatment of the youth by a licensed medical professional.
EFFECTIVE DATE: July 1, 2006
Specific Authority 985.4055, 985.405 F.S. Law Implemented 985.4055(2)(a), F.S. HistoryNew 7-01-06.
63HER06-4 Authorized Techniques.
(1) Protective Action Response, as authorized by the Department, shall be the only verbal and physical intervention program trained and utilized by direct care staff in state-operated and contracted (including law enforcement operated) facilities and programs.
(2) Existing contracted facilities shall submit a new PAR Training Plan to the Assistant Secretary of Staff Development and Training or designee through the departments Regional Director or designee within 60 calendar days of the effective date of this rule, and after this training plan is submitted, within 30 calendar days of any changes to the training plan. Newly contracted facilities, except contracted Detention facilities, shall submit their PAR Training Plan as described above no less than 30 calendar days prior to becoming operational. The PAR Training Plan for contracted facility employees shall specify the following:
(a.) All Stance and Body Movement techniques.
(b) All Countermoves.
(c) At a minimum, one (1) Touch technique.
(d) At a minimum, three (3) Control techniques.
(e) At a minimum, three (3) Takedown techniques.
(f) At a minimum, the following Mechanical Restraints: standing front handcuffing and uncuffing, one (1) rear handcuffing technique (standing or prone), and one (1) leg cuffing and uncuffing technique (kneeling position or hands on wall).
(g) Searches.
(h) The Wrap Around Control technique, and the Wrap Around to a Takedown technique will not be used on pregnant youth.
(3) Contracted Detention facilities shall comply with the PAR Training Plan for State-Operated/Contracted Detention Facility Employees.
(4) The PAR Training Plan for State-Operated, Law Enforcement Operated, and Contracted Detention employees shall specify the following:
(a) All Stance and Body Movement techniques.
(b) All Countermoves.
(c) Searches.
(d) The Straight Arm Escort Extended and Close Positions.
(e) All Control techniques, Supportive Hold Control.
(f) All Takedowns, except Wrap-Around to a Single Person Takedown, Wrap-Around to a Team Takedown, and Stages 4 and 5 of Supportive Hold to a Takedown.
(g) Handcuffs and Leg Cuffs.
(h) The Wrap Around Control technique will not be used on pregnant youth.
(5) The PAR Training Plan for Program employees shall specify:
(a) All Stance and Body Movement techniques; and
(b) All Countermoves;
(6) PAR certified facility and program employees shall only use the techniques and mechanical restraints that are specified on the applicable PAR Training Plan.
EFFECTIVE DATE: July 1, 2006
Specific Authority 985.4055, 985.405 F.S. Law Implemented 985.4055(2)(a), F.S. HistoryNew 7-01-06.
63HER06-5 Authorized Mechanical Restraints.
(1) The Department authorizes the use of only those mechanical restraints addressed in this rule. All mechanical restraints shall be designed and manufactured for the specific purpose of secure transport or restraint.
(a) Authorized mechanical restraints to be used within a facility are as follows: handcuffs, leg restraints, restraint belt, soft restraints, and waist chains.
1. Handcuffs. The availability and versatility of handcuffs make their use practical in most restraint situations. Handcuffs are light, flexible, and easy to apply. Standard handcuffs, used by most law enforcement agencies, are approved for use.
2. Restraint Belt. A restraint belt may be used with handcuffs when added security is needed. The restraint belt is a leather or nylon belt that is secured behind the back of the youth with an independent lock, buckle, or Velcro fastener. The belt is fashioned so that handcuffs secured to the front of the belt provide an alternative to restraining a youths hands in the behind-the-back position.
3. Leg restraints. Leg restraints are similar to handcuffs, but usually have a 15-inch chain separating the restraints. Leg restraints are typically used in conjunction with handcuffs to restrict the movement of the feet and legs.
4. Soft restraints. Soft restraints, such as nylon flex cuffs (also known as zip cuffs), or Velcro or leather devices, are authorized for use as an alternative to hard restraints.
5. Waist chains. Waist chains are designed to limit arm movement and keep hands visible at all times by securing them at the youths waist. Waist chains are typically used only for transportation. There are two basic types: a nickel plated chain, usually 60 inches long with a sturdy cuff clip to permit quick attachment of handcuffs; or a similar chain with handcuffs permanently attached.
(b) The use of mechanical restraints, and the circumstances surrounding their use, shall be carefully reviewed and regularly monitored by the regional office to ensure compliance with this rule.
(c) Mechanical restraints are authorized for use during the movement of youth.
(d) There are two authorized methods to use when handcuffing a youth: hands in front of the youth, and hands behind the youths back.
(e) All facilities, except low and moderate risk facilities, shall use mechanical restraints to transport youth. Leg restraints and front handcuffing shall be used to transport. Low and moderate risk facilities shall use mechanical restraints to transport youth when a risk assessment as described in their facility operating procedures determines mechanical restraints are required.
(f) Prohibited use of mechanical restraints includes the use of neck restraints and the securing of youth to a fixed object.
(g) No more than two youth may be chained or handcuffed together.
(h) A youths legs and hands may be secured together in the front with the use of waist chains or a restraint belt, in which case the length of the chain securing the youths legs and hands together shall not prohibit the youth from standing in a full upright position. Securing a youths legs and hands together behind the youths back is prohibited.
(j) If handcuffs are used on pregnant youth, they shall be cuffed in front. Leg restraints, waist chains, and the restraint belt shall not be used on pregnant youth.
(k) Except as provided herein, during transports all violent and escape risk youth shall be handcuffed with their hands in front with the use of a restraint belt or waist chains; or the hands shall be cuffed behind the back.
EFFECTIVE DATE: July 1, 2006
Specific Authority 985.4055, 985.405 F.S. Law Implemented 985.4055(2)(a), F.S. HistoryNew 7-01-06.
63HER06-6 Supervision of Youth in Mechanical Restraints.
(1) Youth secured in mechanical restraints as a result of a Level 3 response shall be supervised in accordance with this section.
(2) At no time will a youth be left without constant, full, and direct visual supervision by an employee. The youth shall not be placed in an upper bunk or in any position that does not permit constant, full, and direct visual supervision. Youth shall not be stripped of their clothing.
(3) Employees responsible for providing constant, full, and direct visual supervision shall have physical possession of the key to unlock the mechanical restraints.
(4) While a youth is placed in mechanical restraints, employees shall:
(a) Employ verbal intervention techniques designed to de-escalate the need for mechanical restraints.
(b) Continually monitor the youths level of resistance, aggressiveness, and willingness to comply with instructions to determine whether removal of restraints is safe and advisable.
(c) Conduct breathing and circulation checks at ten-minute intervals. These ten- minute checks shall be documented on the Mechanical Restraints Supervision Log. The Mechanical Restraints Supervision Log (revised 6/1/06) is incorporated by reference, and is available at the Departments Web site (http://www.djj.state.fl.us).
(5) If a restrained youth continues to exhibit negative, hostile, and/or aggressive behavior so that removal of mechanical restraints is unsafe, the supervisor or acting supervisor shall interview the youth and decide if it is safe to remove the mechanical restraints. This interview shall occur no more than 30 minutes after the youth is placed in restraints. If it is decided that it is unsafe to remove the restraints, the supervisor or acting supervisor shall document the decision on the Mechanical Restraints Supervision Log. If authorization is obtained from the Superintendent, Residential Program Director, or designee to continue the use of restraints, another interview shall occur no more than one (1) hour after the previous interview. Each time the decision is made that it is unsafe to remove the restraints, the decision shall be documented as described above.
(6) Authorization Requirements
(a) A youth may remain in mechanical restraints up to 60 minutes with the supervisors or acting supervisors authorization.
(b) In order to keep the youth in mechanical restraints for 60 to 120 minutes, the supervisor or acting supervisor shall obtain authorization from the Superintendent, Residential Program Director, or designee who shall first consult with a licensed medical and/or mental health professional before authorizing additional time. This authorization shall be obtained within the initial 60 minute timeframe. This consultation and authorization shall be documented on the Mechanical Restraints Supervision Log by specifying the name of the professional who was consulted, the time contacted, and the amount of time authorized.
(c) In order to keep the youth in mechanical restraints beyond 120 minutes, the same procedures apply as described in paragraph (b) above for each subsequent 60-minute timeframe.
(7) If at any point during the restraint it is determined that transportation to an appropriate treatment center is necessary, the supervisor or acting supervisor shall request verbal authorization from the Superintendent, Residential Program Director, or designee to initiate procedures to transport the youth. This verbal authorization and the time the authorization was received shall be documented on the Mechanical Restraints Supervision Log. The licensed medical or mental health professional may come to the facility or the youth may be transported to an appropriate treatment center.
(8) If a youth is being transported to a mental health facility, the facility shall be telephoned in advance that the youth is being transported.
EFFECTIVE DATE: July 1, 2006
Specific Authority 985.4055, 985.405 F.S. Law Implemented 985.4055(2)(a), F.S. HistoryNew 7-01-06.
63HER06-7 Documentation and Retention of Records.
(1) Documentation
(a)A PAR Report shall be completed after an incident involving the use of countermoves, control techniques, takedowns, or application of mechanical restraints.
(b) The employees who were engaged with the youth shall complete the PAR Report and shall complete it no later than the end of the employees workday.
(c) When mechanical restraints are used, the Mechanical Restraints Supervision Log shall be completed.
(2) Review and Retention of Records.
(a) An administrative review of the PAR Incident Report shall occur within 72-hours of the incident,
excluding weekends and holidays.
(b) Post PAR Interview: The designated health authority or designee shall interview the youth. The purpose of the interview is to determine whether obvious injuries occurred, if the youth complains of pain, or if the youth exhibits signs or systems, that to a lay person indicate a PAR Medical Review is necessary. The findings of the interview shall be placed in the youths individual health care record. The document shall be labeled Post PAR Interview and shall be dated, timed, and signed by the individual conducting the interview. This individual shall also sign and date the PAR Report.
(c) PAR Medical Review:
1. If the Post PAR Interview indicates the need for a PAR Medical Review the youth shall be referred to an authorized medical health professional
2. The purpose of the Medical Review is to determine, from a medical perspective, if injuries or complications occurred as a result of the physical intervention or application of mechanical restraints and the youth requires medical treatment.
3. Deions of injuries or complications and medical treatment provided shall be filed in the youths individual health care record.
4. If an onsite review is conducted, the documentation shall be labeled, PAR Medical Review, and it shall conform to professional standards. If an offsite review is conducted, the youths individual health care record and medication administration record shall accompany the youth to the review. Prior to placing the documentation in the individual health care record, the top of each page returned by the reviewer shall be dated and labeled, with PAR Medical Review.
(d) The Post PAR Interview and the PAR Medical Review shall occur after the supervisor or acting supervisor has reviewed the PAR Report and prior to the report being submitted to the Administrator or designee.
(e) The Administrator shall establish and maintain a centralized file, which shall include:
1. PAR Incident Reports, attachments to the PAR Incident Report, and
2. Any other incident reports or investigative reports related to the application of physical intervention techniques and/or mechanical restraints.
3. A copy of the PAR Incident Report shall be placed in the centralized file within 48 hours of being signed by the Administrator.
(f) Facilities/Programs shall retain a copy of the PAR Incident Report for three (3) years following the youths release.
EFFECTIVE DATE: July 1, 2006
Specific Authority 985.4055, 985.405 F.S. Law Implemented 985.4055(2)(a), F.S. HistoryNew 7-01-06.
63HER06-8 Medical Requirements for Training.
(1) The following provisions apply to the Medical Status form.
(a) If an employee believes a medical condition exists that will prohibit performance of one or more physical intervention techniques, the employee shall submit the Medical Status form attached to this rule to his or her licensed physician for completion. The Medical Status form (revised 8/15/03) is incorporated by reference, and is available at the Departments Web site (http://www.djj.state.fl.us). The physician shall specify the date by which he or she anticipates that the employee will be able to perform the techniques or shall specify that the employee is permanently unable to perform the techniques.
(b) The employees physician shall be provided with a deion or a video of the techniques by the employees facility, program or circuit office.
(c) Upon completion by the physician, the employee shall submit the Medical Status form to the facility Administrator. The Administrator shall review the form on a case-by-case basis. The Administrator shall have the authority to take necessary and appropriate personnel action based upon his or her review of the form or if the Medical Status form is not submitted within a reasonable amount of time.
(d) It shall be the Administrators discretion as to whether the employee is eligible to attend a PAR training course or sit for the PAR written examination. However, the employee shall not practice or be evaluated on the physical intervention techniques until a Medical Release form is obtained. The Medical Release form (revised 8/15/03) is incorporated by reference, and is available at the Departments Web site (http://www.djj.state.fl.us). If the employee is registered for a PAR training course, the sending facility/program shall notify the PAR Instructor that the employee is on Medical Status.
(2) Upon expiration of the date specified on the Medical Status form or when an employee is able to perform the specified physical intervention techniques, whichever is earlier, the employee shall submit the Medical Release form attached to this rule to his or her licensed physician for completion. Upon completion by the physician, the employee shall submit the Medical Release form within 10 working days. If a sending facility/program has an employee who previously attended a PAR training course and who was on Medical Status, the facility/program shall notify the PAR Instructor that the employee has been issued a Medical Release and is eligible to practice and be evaluated on the physical intervention techniques.
(3) Medical Status and Medical Release forms, or copies thereof, are confidential records and shall be maintained in accordance with state Personnel rules, or if a contracted facility or program, in accordance with the organizations applicable policy. The Medical Status and Medical Release forms shall not be submitted to the PAR Instructor.
EFFECTIVE DATE: July 1, 2006
Specific Authority 985.4055, 985.405 F.S. Law Implemented 985.4055(2)(b), F.S. HistoryNew 7-01-06.
63HER06-9 Certification.
(1) Any employee not PAR Certified prior to 7/01/2006 shall be required to become PAR certified by 9/30/2006.
(2) Any employee hired on or after 7/01/2006, has 90 calendar days to become PAR certified.
(3) Any employee who exercises direct care prior to receiving PAR certification must be directly supervised by an employee who is PAR certified.
(4) Employees shall be PAR certified by successfully completing the PAR training designed for facility or program employee, whichever is applicable. Successful completion requires:
(a) Attendance and participation in the training hours specified in the employees PAR curriculum. Employees shall participate in the performance of all physical intervention techniques and mechanical restraints being taught during the training session.
(b) A passing score on the PAR written examination.
(c) One-hundred percent (100%) satisfactory performance of the techniques specified on the applicable PAR Performance Evaluation form.
(5) To ensure that all employees are properly observed, are able to receive constructive feedback, and are properly evaluated, the instructor to employee ratio, for employees who are actively engaged, shall be no more than 1:8 during the performance-based segment of a PAR training session. There is no required ratio during the non performance-based segment of a PAR training session.
EFFECTIVE DATE: July 1, 2006
Specific Authority 985.4055, 985.405 F.S. Law Implemented 985.4055(2)(b) and (e), F.S. HistoryNew 7-01-06.
63HER06-10 Cross-Over Training.
(1) A PAR certified facility employee who is crossing over to a program position, or vice versa, shall successfully complete, as defined at the beginning of this section, all non-duplicative objectives in the curriculum for facility or program employees, whichever is applicable. Staff Development and Training shall determine the training and testing required for each situation.
(2) When a state-operated or contracted facility hires a PAR certified facility employee who was trained under a different PAR Training Plan, a PAR Instructor shall train and evaluate, at a minimum, the employees performance on those techniques that the employee has not been trained to perform. The employee is not required to re-take the written PAR examination. The PAR Instructor shall use the PAR Performance Evaluation for facility employees. If the employee is unable to perform the new techniques,
even after reasonable remediation, the employee is no longer PAR certified.
(3) When a PAR Performance Evaluation is completed for PAR certification or PAR Instructor certification, a copy shall be provided to the exam administrator at the written examination site. For PAR Train-the-Trainer courses, a copy of the PAR Instructor Skills Evaluation form shall also be provided to the exam administrator.
(a) If the PAR Performance Evaluation or PAR Instructor Skills Evaluation form cannot be completed prior to the written examination, it shall be submitted to Staff Development and Training as soon as possible after completion.
(b) The PAR Performance Evaluation shall be submitted for everyone regardless of whether they passed or failed the evaluation or have a Medical Status form.
(4) CJSTC certified employees refer to 63ER06-16.
EFFECTIVE DATE: July 1, 2006
Specific Authority 985.4055, 985.405 F.S. Law Implemented 985.4055(2)(b), F.S. HistoryNew 7-01-06.
63HER06-11 Rehired Employee Training.
(1) Employees who terminate their employment with the department or contracted facility or program and are subsequently re-hired shall reinstate their PAR certification by successfully completing PAR training for facility or program employees, whichever is applicable. This paragraph is applicable only if the employee has failed to timely and successfully complete the annual in-service training requirement addressed in this section prior to terminating employment.
(a) If an employee is rehired within 12 calendar months of termination and has successfully completed the required annual in-service requirements, the employees PAR Certification is current.
(b) If an employee is rehired after 12 calendar months of termination, the employee must satisfy the following requirements:
1. Attend a minimum of 8 hours of remedial training, and
2. Obtain 100% satisfactory performance of the techniques specified on the employees PAR Training Plan using the PAR Performance Evaluation.
EFFECTIVE DATE: July 1, 2006
Specific Authority 985.4055, 985.405 F.S. Law Implemented 985.4055(2)(b), F.S. HistoryNew 7-01-06.
63HER06-12 Annual Training Requirement.
(1) Program employees shall complete a minimum of four (4) hours of annual training. Facility employees shall complete a minimum of eight (8) hours.
(2) The annual in-service training shall include, at a minimum, the items listed below.
(a) A review of this rule, including revisions, and other facility or program PAR administrative procedures.
(b) How and when to properly complete the PAR Report.
(c) Practice of all physical intervention techniques checked on the applicable PAR Training Plan and, at a minimum, practice of all mechanical restraints used by the facility.
(d) Successful completion of the annual in-service training requires 100 percent attendance and participation in the training program. The training hours do not have to be consecutive.
(3) If a facility or program employee fails to successfully complete this annual in-service training within twelve
(12) months of their last PAR Training, they will no longer be authorized to use Level 2 or Level 3 Responses, and must attend a minimum of 8 hours of remedial training, to include one hundred percent satisfactory performance of the techniques specified on the employees PAR Training Plan using the PAR Performance Evaluation.
EFFECTIVE DATE: July 1, 2006
Specific Authority 985.4055, 985.405 F.S. Law Implemented 985.4055(2)(b), F.S. HistoryNew 7-01-06.
63HER06-13 Testing Requirements.
(1) If a candidate fails the written examination, they are only required to attend the remedial classroom training.
(2) PAR Instructors shall conduct a practical examination utilizing the applicable PAR Performance Evaluation to evaluate a facility or program employees ability to perform verbal intervention techniques and the physical intervention techniques and mechanical restraints that are specified on the PAR Training Plan. The PAR Performance Evaluation form (revised 6/01/06) is incorporated by reference, and is available at the Departments Web site (http://www.djj.state.fl.us).
(a) If a PAR Instructor candidate or facility or program employee fails the PAR Performance Evaluation, the PAR Instructor candidate or employee is considered to only have failed the performance evaluation. Therefore, when remedial training is provided, the PAR Instructor candidate or employee is only required to attend the performance-based segment of the training.
(b) Test candidates shall have no more than three (3) attempts to pass the written exam.
(c) Test candidates shall adhere to the following schedule for second and third attempts to pass the written exam:
1. The second attempt shall occur no less than 15 calendar days before and no more than 45 calendar days after the first attempt.
2. The third attempt shall occur no less than 15 calendar days before and no more than 45 calendar days after the second attempt.
(3) For annual in-service training, use of the PAR Performance Evaluation is not required.
(4) One PAR Performance Evaluation form shall be used for each attempt that a facility or program employee makes to pass the performance evaluation. The term, attempt, is described below.
(a) ATTEMPT 1: If an employee fails one (1) to three (3) techniques, the PAR Instructor shall remediate and re-evaluate the employee on the failed techniques. Upon conclusion of the employees performance of the remediated techniques, this shall be the employees first attempt at passing the evaluation. If the s employee fails to satisfactorily demonstrate the failed techniques after remediation, the employee shall attend remediation on a different date for Attempt 2 and at that time shall be evaluated on the failed techniques. An employee who fails four
(4) or more techniques on Attempt 1 shall attend remediation on a different date for Attempt 2 and at that time shall be evaluated on the failed techniques.
(b) ATTEMPT 2: If an employee fails one (1) to three (3) techniques, the PAR Instructor shall remediate and re-evaluate the employees on the failed techniques. Upon conclusion of the employees performance of the remediated techniques, this shall be the employees second attempt at passing the evaluation. If the employee fails to satisfactorily demonstrate the failed techniques after remediation, the employee shall attend remediation on a different date for Attempt 3 and at that time shall be evaluated on the failed techniques. An employee who fails four
(4) or more techniques on Attempt 2 shall attend remediation on a different date for Attempt 3 and at that time shall be evaluated on the failed techniques.
(c) ATTEMPT 3: If an employee fails one (1) to three (3) techniques, the PAR Instructor shall remediate and re-evaluate the employee on the failed techniques. Upon conclusion of the employees performance of the remediated techniques, this shall be the employees third attempt at passing the evaluation. If the employee fails to satisfactorily demonstrate the failed techniques after remediation, the employee is considered to have failed his or her third attempt. An employee who fails four (4) or more techniques on Attempt 3 shall not have an opportunity to receive remediation and is considered to have failed his or her third attempt.
(5) Program employees shall be evaluated, using the PAR Performance Evaluation for Program employees, on all physical intervention techniques that are specified in the PAR Training Plan for Program employees.
(6) State-Operated facility employees and contracted detention facility employees shall be evaluated, using the PAR Performance Evaluation for State-Operated/Contracted Detention Facility employees, on various physical intervention techniques specified on the PAR Training Plan for State-Operated/Contracted Detention Facility employees, using the following guidelines:
(a) All Stance and Body Movement techniques;
(b) All Countermoves;
(c) The Straight Arm Escort Extended and Close Positions;
(d) Three (3) Control techniques, as selected by the employee;
(e) Three (3) Takedown techniques, as selected by the employee;
(f) Three Mechanical Restraint techniques, as selected by the employee. The techniques selected shall include front handcuffing and uncuffing, one (1) rear handcuffing and uncuffing technique (standing or prone), and one (1) leg cuffing and uncuffing technique (kneeling position or hands on wall); and
(g) Searches.
(7) Contracted facility employees, except contracted detention facility employees, shall be evaluated using the PAR Performance Evaluation for Contracted Facility employees, on various physical intervention techniques specified on the employees PAR Training Plan for Contracted Facility employees, using the following guidelines:
(a) All Stance and Body Movement techniques;
(b) All Countermoves;
(c) One (1) Touch technique, as selected by the employee;
(d) Three (3) Control techniques, as selected by the employee;
(e) Three (3) Takedown techniques, as selected by the employee;
(f) Three Mechanical Restraint techniques, as selected by the employee. The techniques selected shall include one (1) front handcuffing and uncuffing technique, one (1) rear handcuffing and uncuffing technique (standing or prone), and one (1) leg cuffing and uncuffing technique (kneeling position or hands on wall); and
(g) Searches.
EFFECTIVE DATE: July 1, 2006
Specific Authority 985.4055, 985.405 F.S. Law Implemented 985.4055(2)(b), F.S. HistoryNew 7-01-06.
63HER06-14 Training Instructor Qualifications.
(1) PAR Instructor Candidate requirements:
(a) One year of experience, working full time, in the juvenile justice or related field;
(b) PAR certification;
(c) Criminal Justice Standards & Training Commission Instructor Techniques Workshop (ITW) certified; and
(d) Successful completion of the PAR Train-the-Trainer course. An instructor candidate shall be allowed to attend a PAR Train-the-Trainer course only if he or she has achieved the requirements in (a), (b), and (c).
(e) PAR Instructor candidates shall demonstrate proficiency for all physical intervention techniques and mechanical restraints listed on the PAR Performance Evaluation form. In addition, the Instructor candidate must demonstrate the ability to verbally communicate how the techniques are to be performed. The demonstration shall be evaluated by one Master PAR Instructor and one PAR Instructor.
(f) Satisfactory demonstration of presentation skills using the PAR Instructor Skills Evaluation form. The PAR Instructor Skills Evaluation form (revised 6/01/06) is incorporated by reference, and is available at the Departments Web site (http://www.djj.state.fl.us).
(3) A score of 85 percent or higher on the PAR written examination. The instructor candidate shall have two attempts to pass the examination.
(4) One PAR Performance Evaluation for PAR Instructors form shall be used for each attempt that the instructor candidate makes to pass the performance evaluation. The instructor candidate shall have two attempts to pass the evaluation. An attempt is the completion of one PAR Performance Evaluation form.
(a) If remediation is required, the Master PAR Instructor shall have the discretion to determine whether remediation will be conducted on-site or at a future date. If remediation occurs at a future date, the instructor candidate shall be evaluated, at the second attempt, on all techniques initially evaluated.
(b) If the instructor candidate fails the second attempt, he or she shall not be certified as a PAR Instructor. However, this candidate is eligible to attend the PAR Train-the-Trainer course again, provided all other criteria for becoming a PAR Instructor remain current.
(5) Demonstrations of the physical intervention techniques and presentation skills shall be videotaped. The videotapes shall be given to Staff Development and Training within thirty (30) working days after completion of the evaluations.
EFFECTIVE DATE: July 1, 2006
Specific Authority 985.4055, 985.405 F.S. Law Implemented 985.4055(2)(c), F.S. HistoryNew 7-01-06.
63HER06-15 Training Instructor Certification Renewal.
(1) PAR instructors must conduct 20 hours of PAR training annually to maintain certification. Failure to meet this requirement will necessitate remedial training conducted by a Master PAR instructor.
(2) Instructors must attend and participate in a 16-hour in-service training program once every four years as conducted by a Master PAR Instructor.
(3) Instructors must participate in the review of the PAR policy and demonstration of the physical intervention techniques.
EFFECTIVE DATE: July 1, 2006
Specific Authority 985.4055, 985.405 F.S. Law Implemented 985.4055(2)(c), F.S. HistoryNew 7-01-06.
63HER06-16 Law Enforcement Operations and Partnerships.
(1) All Law Enforcement/Correction/Detention employees must complete, at a minimum, the following training requirements within 90 calendar days of that employees hire date:
(a) Direct care employees who are certified correctional, correctional probation or law enforcement officers under Chapter 943 are to successfully complete PAR Crossover Training for Law Enforcement Personnel. Successful completion requires:
1. Attendance and participation in a minimum of twenty (20) hours of PAR Training.
2. A passing score on the written examination.
3. One-hundred percent (100%) satisfactory performance on the techniques specified on the applicable PAR Performance Evaluation form.
(b) Direct care employees who are not certified correctional, correctional probation or law enforcement officers under Chapter 943 are to be certified in PAR.
(2) CJSTC certified employees and non-CJSTC certified employees shall adhere to the annual training requirements set forth in 63ER06-12 for facility employees.(3) With regard to the use of mechanical restraints, reporting requirements and record retention, all Law Enforcement Operations and Partnerships other than those governed by Chapter 63E F.A.C. shall comply with Rules 63ER06-5, -6, and -7.
(4) All Law Enforcement operated facilities or programs shall submit a PAR Training Plan in accordance with Rules 63ER06-4.
(5) Facilities or programs that are required to have PAR certified employees must certify employees within the timeframes set forth herein.
EFFECTIVE DATE: July 1, 2006
Specific Authority 985.4055, 985.405 F.S. Law Implemented 985.4055(2)(d), F.S. HistoryNew 7-01-06.
