§ 2-06 Restraints and Seclusion.
RCNY § 2-06
(a)Policy. The Departments of Correction and Health shall develop and implement procedures subject to the review of the Department of Mental Health, Mental Retardation and Alcoholism Services governing the physical restraint and seclusion of inmates being observed or treated for mental or emotional disorders. Consistent with the New York State Mental Hygiene Law restraints or seclusion shall not be used as punishment, for the convenience of staff, or as a substitute for treatment programs.
(b)Definitions. Physical restraint. "Physical restraint" is the deliberate use of a device to interfere with the free movement of an inmate's arms and/or legs, or which totally immobilizes the inmate, and which the inmate is unable to remove without assistance: (i) the Departments of Health and Mental Health, Mental Retardation and Alcoholism Services shall develop procedures defining permissible forms of physical restraints; (ii) in no instance shall metal handcuffs be used to restrain an inmate; however, this proscription shall not preclude the application of appropriate security precautions during the transportation of inmates; (iii) in an emergency, when an inmate presents a clear and present danger to himself or others, the inmate may be restrained, including with metal handcuffs, pending the arrival of a psychiatrist. Correction personnel shall immediately notify the mental health staff for response. The psychiatrist shall respond immediately, but in no event more than one hour after notification. When there is no institutional psychiatrist on duty, correction personnel shall immediately transport the inmate to a facility where a psychiatrist is present. Seclusion. "Seclusion" is the placing of inmates in their cells, or a seclusion room from which they cannot leave at will, during a normal lock-out period when other inmates in the housing area are given the option to lock out of their cells: (i) seclusion shall be used only if the cells or seclusion rooms available allow adequate observation of the inmate by staff; (ii) nothing in this Section shall restrict the ability of the Department of Correction to limit the lock-out rights of inmates for disciplinary purposes (punitive segregation).
(c)Procedures.
(1)The use of physical restraint or seclusion of inmates being observed or treated for mental or emotional disorders shall be permitted only where there is on-duty psychiatric coverage.
(2)Physical restraint or seclusion may be used only upon the direct written order of a psychiatrist which includes the reasons for taking such action.
(3)Physical restraint or seclusion shall be used only when the psychiatrist has examined the inmate and determined in light of all available mental health data that: (i) the inmate presents an immediate danger of injury to self or others; (ii) this potential for violence is the result of a mental health disorder for which the inmate is receiving treatment; (iii) these measures are absolutely necessary to avert the danger and will be therapeutically beneficial; and (iv) all other available alternatives are ineffective in preventing injury.
(4)An inmate put in restraints or seclusion shall be kept under constant observation and the need for continued restrictive measures shall be assessed by nursing or mental health staff: (i) use of restraints shall be assessed every fifteen minutes and seclusion shall be reviewed every thirty minutes; (ii) written findings of such reviews shall be noted on the inmate's medical chart; (iii) vital signs (temperature, pulse, blood pressure and respiration) shall be recorded every hour.
(5)An inmate subjected to restraints or seclusion shall be released every two hours and given the opportunity to go to the toilet.
(6)A psychiatrist shall evaluate an inmate in restraints or seclusion at least once every two hours to determine whether continued restrictive measures are warranted.
(7)No order to place an inmate in restraints or seclusion shall be valid longer than two hours, and such an order shall be renewable only once, by a psychiatrist after evaluation of the inmate's condition.
(8)After four hours, if an inmate remains too agitated to be released, the inmate shall be moved to a municipal hospital prison ward.
