Requirements Governing the Use of Instruments of Restraint

(1) The Department shall maintain a public policy, consistent with 103 CMR 505.00, containing the requirements governing the use of Instruments of Restraint, titled 103 DOC 520, Instruments of Restraint. (2) The use of Instruments of Restraint shall only be considered a use of force when force is required by an employee to apply said restraints, in which case the reporting requirements of 103 CMR 505.18 shall apply. (3) The use of instruments of restraint may only be used to control an inmate who presents an immediate risk of self-injury or injury to others, to prevent serious property damage, or when necessary, as a security precaution, or during transfer or transport. (4) The use of Instruments of Restraint shall not be used as a form of punishment or retaliation and an inmate should not be restrained in any manner that causes unnecessary physical pain or extreme discomfort, or that restricts the inmate’s blood circulation or obstructs the inmate’s breathing or airways. Inmates should not be hog-tied or restrained in a fetal or prone position. (5) The manner and method of restraint shall take account of the known special needs of inmates who have physical or mental disabilities, and of inmates who are under the age of eighteen or are geriatric, as well as the limitations of pregnant inmates or those who have recently given birth, consistent with M.G.L. c. 127, § 118. (6) Only Instruments of Restraint approved by the Commissioner and issued by the Department shall be used.