Sec. 841.0838. USE OF RESTRAINTS. (a) An employee of the office, or a person who contracts with the office or an employee of that person, may use mechanical or chemical restraints on a committed person residing in a civil commitment center or while transporting a committed person who resides at the center only if:
(1) the employee or person completes a training program approved by the office on the use of restraints that:
(A) includes instruction on the office's approved restraint techniques and devices and the office's verbal de-escalation policies, procedures, and practices; and
(B) requires the employee or person to demonstrate competency in the use of the restraint techniques and devices; and
(2) the restraint is:
(A) used as a last resort;
(B) necessary to stop or prevent:
(i) imminent physical injury to the committed person or another;
(ii) threatening behavior by the committed person while the person is using or exhibiting a weapon;
(iii) a disturbance by a group of committed persons; or
(iv) an absconsion from the center; and
(C) the least restrictive restraint necessary, used for the minimum duration necessary, to prevent the injury, property damage, or absconsion.
(b) The office shall develop procedures governing the use of mechanical or chemical restraints on committed persons.
Added by Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 21, eff. September 1, 2017.
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