Administrative Code

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Virginia Administrative Code
Title 6. Criminal Justice And Corrections
Agency 35. Department (Board) of Juvenile Justice
Chapter 150. Regulation for Nonresidential Services

6VAC35-150-575. Physical and mechanical restraints and chemical agents in programs and services..

A. Only staff who have received department-approved training may apply physical restraint and only as a last resort, after less restrictive behavior intervention techniques have failed, to control residents whose behavior poses a risk to the safety of the resident, others, or the public, or to avoid extreme destruction of property.

1. Staff shall use the least force necessary to eliminate the risk and shall never use physical restraint as punishment or with intent to inflict injury.

2. The application of physical restraint shall be fully documented in the juvenile's record, including the (i) date and time of the incident, (ii) staff involved, (iii) justification for the restraint, (iv) less restrictive interventions that were unsuccessfully attempted prior to or harm that would have resulted without using physical restraint, (v) duration, (vi) method and extent of any physical restraint techniques used, (vii) signature of the person completing the report, and (viii) reviewer's signature and date.

3. Staff whose job responsibilities include applying physical restraint techniques, when necessary, shall receive training sufficient to maintain a current certification for the administration of the physical restraints.

B. Mechanical restraints, except in electronic monitoring and outreach detention programs, shall not be used for behavior management purposes.

C. Chemical agents, such as pepper spray, shall not be used by staff for behavior management purposes.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

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