Handcuffing and Restraints

302.1 PURPOSE AND SCOPE

This policy provides guidelines for the use of handcuffs and other restraints during detentions and arrests. 

302.2 POLICY

The Fremont County Sheriff's Office authorizes the use of restraint devices in accordance with this policy, the Use of Force Policy, the Transporting Persons in Custody Policy, and office training. Restraint devices shall not be used to punish, to display authority, or as a show of force. 

302.3 USE OF RESTRAINTS

Only members who have successfully completed Fremont County Sheriff's Office-approved training on the use of restraint devices described in this policy are authorized to use these devices.

When deciding whether to use any restraint, deputies should carefully balance officer safety concerns with factors that include, but are not limited to:

• The circumstances or crime leading to the arrest.
• The demeanor and behavior of the arrested person.
• The age and health of the person.
• Whether the person is known to be pregnant.
• Whether the person has a hearing or speaking disability. In such cases, consideration should be given, safety permitting, to handcuffing to the front in order to allow the person to sign or write notes.
• Whether the person has any other apparent disability.

1. RESTRAINT OF DETAINEES

Situations may arise where it may be reasonable to restrain an individual who may, after brief investigation, be released without arrest. Unless arrested, the use of restraints on detainees should continue only for as long as is reasonably necessary to assure the safety of deputies and others. When deciding whether to remove restraints from a detainee, deputies should continuously weigh the safety interests at hand against the continuing intrusion upon the detainee.

1. RESTRAINT OF PREGNANT PERSONS

Persons who are known to be pregnant should be restrained in the least restrictive manner that is effective for officer safety. Leg restraints, waist chains, or handcuffs behind the body should not be used unless the deputy has a reasonable suspicion that the person may resist, attempt escape, injure themself or others, or damage property.

No person who is in labor, delivery, or recovery after delivery shall be handcuffed or restrained except in extraordinary circumstances, and only when a supervisor makes an individualized 

determination that such restraints are necessary for the safety of the detainee, deputies, or others. See the Transporting Persons in Custody Policy for guidelines relating to transporting pregnant persons.

1. RESTRAINT OF JUVENILES

A juvenile under 14 years of age should not be restrained unless the juvenile is suspected of a dangerous felony or when the deputy has a reasonable suspicion that the juvenile may resist, attempt escape, injure themself, injure the deputy, or damage property.

A deputy working as a school resource officer or responding to a public or charter school or its property, vehicles, or school-sanctioned events shall not restrain a juvenile unless allowed by law and only for the following reasons (CRS § 22-15.5-103):

1. The juvenile openly displays a deadly weapon.
2. The juvenile poses a danger to themself or others during an arrest that requires transport.
3. There is an emergency, and less restrictive measures either would be ineffective or have failed (CRS § 22-15.5-102).

302.4 APPLICATION OF HANDCUFFS OR PLASTIC CUFFS

Handcuffs, including temporary nylon or plastic cuffs, may be used only to restrain a person’s hands to ensure officer safety.

Although recommended for most arrest situations, handcuffing is discretionary and not an absolute requirement of the Office. Deputies should consider handcuffing any person they reasonably believe warrants that degree of restraint. However, deputies should not conclude that in order to avoid risk every person should be handcuffed, regardless of the circumstances.

In most situations handcuffs should be applied with the hands behind the person’s back. When feasible, handcuffs should be double-locked to prevent tightening, which may cause undue discomfort or injury to the hands or wrists.

In situations where one pair of handcuffs does not appear sufficient to restrain the individual or may cause unreasonable discomfort due to the person’s size, deputies should consider alternatives, such as using an additional set of handcuffs or multiple plastic cuffs.

Handcuffs should be removed as soon as it is reasonable or after the person has been searched and is safely confined within a detention facility.

302.5 APPLICATION OF SPIT HOODS/MASKS/SOCKS

Spit hoods/masks/socks are temporary protective devices designed to prevent the wearer from biting and/or transferring or transmitting fluids (saliva and mucous) to others.

Spit hoods may be placed upon persons in custody when the deputy reasonably believes the person will bite or spit, either on a person or in an inappropriate place. They are generally used during application of a physical restraint, while the person is restrained, or during or after transport. 

Deputies utilizing spit hoods should ensure that the spit hood is fastened properly to allow for adequate ventilation and that the restrained person can breathe normally. Deputies should provide assistance during the movement of restrained individuals due to the potential for impaired or distorted vision on the part of the individual. Deputies should avoid comingling individuals wearing spit hoods with other detainees.

Spit hoods should not be used in situations where the restrained person is bleeding profusely from the area around the mouth or nose, or if there are indications that the person has a medical condition, such as difficulty breathing or vomiting. In such cases, prompt medical care should be obtained. If the person vomits while wearing a spit hood, the spit hood should be promptly removed and discarded. Persons who have been sprayed with oleoresin capsicum (OC) spray should be thoroughly decontaminated including hair, head and clothing prior to application of a spit hood.

Those who have been placed in a spit hood should be continually monitored and shall not be left unattended until the spit hood is removed. Spit hoods shall be discarded after each use.

302.6 APPLICATION OF AUXILIARY RESTRAINT DEVICES

Auxiliary restraint devices include transport belts, waist or belly chains, transportation chains, leg restraints and other similar devices such as the WRAP restraint. Auxiliary restraint devices are intended for use during long-term restraint or transportation. They provide additional security and safety without impeding breathing, while permitting adequate movement, comfort, and mobility.

Only office-authorized devices may be used. Any person in auxiliary restraints should be monitored as reasonably appears necessary.

302.7 APPLICATION OF LEG RESTRAINT DEVICES

Leg restraints may be used to restrain the legs of a violent or potentially violent person when it is reasonable to do so during the course of detention, arrest or transportation. Only restraint devices approved by the Office shall be used.

In determining whether to use the leg restraint, deputies should consider:

1. Whether the deputy or others could be exposed to injury due to the assaultive or resistant behavior of a suspect.
2. Whether it is reasonably necessary to protect the suspect from his/her own actions (e.g., hitting his/her head against the interior of the patrol unit, running away from the arresting deputy while handcuffed, kicking at objects or deputies).
3. Whether it is reasonably necessary to avoid damage to property (e.g., kicking at windows of the patrol unit).

1. GUIDELINES FOR USE OF LEG RESTRAINTS

When applying leg restraints the following guidelines should be followed: 

1. If practicable, deputies should notify a supervisor of the intent to apply the leg restraint device. In all cases, a supervisor shall be notified as soon as practicable after the application of the leg restraint device.
2. Once applied, absent a medical or other emergency, restraints should remain in place until the deputy arrives at the jail or other facility or the person no longer reasonably appears to pose a threat.
3. Once secured, the person should be placed in a seated or upright position, secured with a seat belt, and shall not be placed on their stomach for an extended period, as this could reduce the person's ability to breathe.
4. The restrained person should be continually monitored by a deputy while in the leg restraint. The deputy should ensure that the person does not roll onto and remain on their stomach.
5. The deputy should look for signs of labored breathing and take appropriate steps to relieve and minimize any obvious factors contributing to this condition.

302.8 REQUIRED DOCUMENTATION

If a person is restrained and released without an arrest, the deputy shall document the details of the detention and the need for handcuffs or other restraints.

If a person is arrested, the use of handcuffs or other restraints shall be documented in the related report:

1. The factors that led to the decision to use restraints.
2. Supervisor notification and approval of restraint use.
3. The types of restraint used.
4. The amount of time the person was restrained.
5. How the person was transported and the position of the person during transport.
6. Observations of the person’s behavior and any signs of physiological problems.
7. Any known or suspected drug use or other medical problems.

302.9 TRAINING

The Training Sergeant should ensure that deputies receive periodic training on the proper use of handcuffs and other restraints, including:

1. Proper placement and fit of handcuffs and other restraint devices approved for use by the Office.
2. Response to complaints of pain by restrained persons.
3. Options for restraining those who may be pregnant without the use of leg restraints, waist chains, or handcuffs behind the body.
4. Options for restraining amputees or those with medical conditions or other physical conditions that may be aggravated by being restrained.
5. Proper placement of safely secured persons into an upright or seated position to avoid placement on the stomach for an extended period, as this could reduce the person's ability to breathe.

302.10 WRAP RESTRAINTS

The "WRAP" - a four (4) piece restraint system designed to immobilize a person's body while protecting subjects, officers, and staff and restricting subject's ability to kick, hit or inflect harm upon oneself or others

1. The WRAP Restraint System will not be used for punishment, harassment, or to intentionally inflict pain on any offender. The WRAP Restraint System can be used prior to or after a violent and or potentially violent/combative subject is controlled using approved departmental methods. Like any restraint device, do not assume the WRAP Restraint System is "escape proof" and
2. Application and use
   1. The WRAP restraint system may be utilized for the following reasons:
      
      1. To assist with cell extraction of violent or combative subjects
      2. In transportation of violent or combative subjects
      3. When conventional methods of restraint are not effective
      4. To restrain subjects after chemical agent or stun device is used
      5. To prevent violent or combative subjects from causing property damage by kicking
      6. To limit violent or combative subjects from causing injury to themselves or others.
      7. To immobilize a violent or combative subject
      8. Possible violent or combative behavior
3. Procedure for Placement in WRAP Restraint Device
   1. Notify the shift supervisor as soon as it is safe to do so as an inmate becomes violent/combative.
   2. Placement of the inmate in the WRAP Restraint System will be conducted by at least one (1) certified or trained staff member. Only staff members that have received training by a certified instructor for this device shall use this device.
   3. Staff members that place an inmate in the WRAP Restraint System will comply with the manufacturers procedures and no inmate will be placed in an unnatural position.
   4. When an inmate has been placed in the WRAP Restraint System for any reason the inmate will be under continuous direct visual observation by a staff member. Documentation will also be completed making sure to note the inmate's behavior and actions. Medical checks performed by medical provider will be documented. 
4. An inmate in the WRAP Restraint System will be examined by staff to include the shoulder harness, leg bands, and handcuffs for tightness and adjusted as needed to maintain control of the inmate. It is recommended that the chest harness be 4-6 inches away from the chest to allow for full chest expansion. The inmate will be rechecked as needed to insure the inmate has ability to breath fully and the WRAP is fully secured. 
5. Once the inmate is properly restrained in the WRAP, they can be placed on their side or in a sitting position. This will increase the oxygen recovery rate and reduce the incidence of respiratory fatigue or positional asphyxia often caused by being restrained in the prone position.
6. Inmates in the WRAP Restraint System can use the restroom facilities. One hand will be freed to facilitate this and the harness tether will be loosened to allow for standing. Supervisor approval is required.
7. Inmates in the WRAP Restraint System are allowed meals. One hand will be freed to facilitate this.
8. Inmates in the WRAP Restraint System will be separated from the other inmates.
9. When the WRAP Restraint System is used in the intake area, the inmate will be set to a secure location, on the floor, with a mat for constant supervision.
   1. Special Considerations:
      
      1. Use of The WRAP restraint device will be limited to the minimum amount of time necessary to ensure control of a prisoner, but no longer than 2 hours at any one time. The time limit was established to allow for the detainee to calm down, and if needed it allows for the jail to seek medical or psychological help for the detainee. This two-hour time limit may be extended, but only under direct supervision of the medical authority and after approval from the Detentions Captain.
      2. When an inmate has been placed in the WRAP Restraint Device for any reason the inmate will be under continuous visual observation by a staff member.
      3. Medical personnel shall assess the condition of restrained persons after the devise is applied, every 30 minutes while device is deployed, and again after the restraint device is removed.
   2. Transporting or escorting restrained subjects:
      
      1. To carry the restrained person, a minimum of 3 personnel should be used. Depending on the size and weight of the subject, more may be necessary. Proper lifting techniques should be used to prevent injury to staff. Use of the WRAP gurney in the seated position is the optimal method for escort.
      2. Restrained subjects may be transported in a patrol unit. Prior to transport, re-check all belts to ensure that they are securely fastened. The subject shall be in a seated upright position and secured by a seat belt. 
10. When transported by ambulance, the subject shall be accompanied by a Deputy.
11. Anytime the devise is used, the circumstances requiring its use shall be documented via an incident report. The incident report will include:
    
    1. A copy of jail surveillance footage will be obtained and attached to the incident report
    2. Any known or suspected illicit drug usage or medical problems
    3. Observations of the subject's physical and physiological actions.
    4. How the subject was transported or escorted
    5. Time the subject was restrained
    6. All persons present, including medical personnel
    7. Summary of events leading up to the use of the device.

302.11 USE OF PRONE RESTRAINT

Consistent with training, to reduce the risk of asphyxiation while restraining an individual in a prone position, (CRS § 18-1-707):

1. Deputies should, as soon as safe and feasible after handcuffing or otherwise restraining a person in the prone position, roll the person to the side and move the person to an upright position that does not impede the mechanism of normal breathing, unless the person is unconscious.
2. Deputies should use a stepped process to move a person to standing (i.e., moving the person gradually from the prone position by transitioning through side, sitting, and kneeling positions before assisting them to stand).
3. Deputies should not put prolonged pressure on the individual's chest, neck, head, or back, including by sitting, kneeling, or standing. Application of such force shall end as soon as the person is restrained. Other control tactics may be employed to counter ongoing resistance.
4. Deputies should continuously monitor the person's condition while in prone restraint. Monitoring includes but is not limited to assessing the adequacy of the individual's breathing, color, and any impairment as verbalized by the individual.
5. The ranking deputy shall, whenever possible, designate a safety officer during team restraint. If the safety officer becomes aware of an issue with the person's breathing or color or of any impairment, the safety officer shall inform the ranking deputy. The safety officer shall monitor the health and welfare of the person until either:
   1. Responsibility is transferred to a health care professional (e.g., emergency medical technician (EMT), paramedic).
   2. The person is placed in a seated position in a transport vehicle and verbalizes to the safety officer that the person feels well, and the person appears to the safety officer to be well and speaking normally.