The amendment implements Ch. 2012-41, Laws of Florida, restricting the use of restraints on pregnant inmates.

 

DEPARTMENT OF JUVENILE JUSTICE
Staff Training

RULE NO.: RULE TITLE:
63H-1.005: Authorized Mechanical Restraints

PURPOSE AND EFFECT: The amendment implements Ch. 2012-41, Laws of Florida, restricting the use of restraints on pregnant inmates.

SUMMARY: The amendment expands the protection for pregnant youth already provided in subsection (10), so that the use of mechanical restraints will be further restricted. The amendment adds soft restraints to the list of items that cannot be used on pregnant youth, and expands the restriction to cover the postpartum period.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 985.64, 985.645 FS; ch. 2012-41, Laws of Fla.

LAW IMPLEMENTED: Ch. 2012-41, Laws of Fla.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: Tuesday, October 16, 2012, 10:00 a.m.

PLACE: DJJ Headquarters, 2737 Centerview Drive, General Counsel’s Conference Room 3223, Tallahassee, Florida

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: John Milla, 2737 Centerview Dr., Ste. 3200, Tallahassee, FL 32399-3100, e-mail: [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

63H-1.005 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.

(2) Authorized mechanical restraints to be used within a facility are as follows: handcuffs, leg restraints, restraint belt, soft restraints, and waist chains.

(a) 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.

(b) 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 youth’s hands in the behind-the-back position.

(c) 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.

(d) 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.

(e) Waist chains. Waist chains are designed to limit arm movement and keep hands visible at all times by securing them at the youth’s 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.

(3) through (9) No change.

(10) If handcuffs are used on pregnant youth, they shall be cuffed in front. Leg restraints, waist chains, soft restraints, and the restraint belt shall not be used on pregnant youth. Restraints may not be used on a youth who is known to be pregnant during labor, delivery, and postpartum recovery. For purposes of this subsection, “postpartum recovery” shall include the period immediately following delivery, including the recovery period when a youth is in the hospital or infirmary, up to 24 hours after delivery, unless the physician after consultation with the department recommends a longer period of time.

(11) No change.

Rulemaking Authority 985.64, 985.645 985.405, 985.4055 FS. Law Implemented 985.645(2)(a) FS., ch. 2012-41, Laws of Fla. 985.4055(2)(a) FS. History–New 11-19-06, Amended_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Denny Clark, Director, Staff Development and Training

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Wansley Walters, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 10, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 24, 2012