Section 33-602.212 - Escort Chair(1) Definitions. (a) Emergency Action Center - The unit located in the Central Office charged with receiving reports regarding serious incidents, such as riots and escapes, from all Department of Corrections' (Department) facilities and reporting the information to the proper authorities. This unit also receives requests for criminal histories, warrant confirmations, and offender location requests from law enforcement agencies throughout the United States.(b) Escort Chair - A manufactured chair with wheels that the Secretary authorizes that is used to escort inmates under specific circumstances. The chair allows the inmate to be restrained at the ankles, waist and shoulders with secure straps.(c) Spit Net/Shield - A material or device used to cover the facial area of an inmate to prevent the spitting or expelling of bodily fluids onto other people.(d) Use of Force - The physical force used on an inmate only when and to the degree that reasonably appears necessary to control the inmate's behavior.(2) The escort chair shall only be used under the following circumstances:(a) The inmate is housed in one of the following statuses:2. Confinement (administrative or disciplinary),5. Mental health status (crisis stabilization unit, transitional care unit, self-harm observation status, etc.); and, (b) The inmate needs to be transported within the secure compound from one location to another location for a documentable reason such as, but not limited to, a callout (which is an appointment system for inmates to handle business that is not a part of their typical routine), appointment, or treatment; and,(c) The inmate presents an imminent danger of physical harm or injury to himself or others or has a prior history of self-injurious behavior, assaultive behavior or violent behavior or has a prior history of uncooperative or combative behavior during escorts; and/or(d) The inmate is being escorted to the medical unit for pre-confinement physical and additional force is used on the inmate.(3) Security staff, upon receiving approval in accordance with subsection (4) of this rule, are authorized to escort inmates meeting the criteria listed in subsection (2) of this rule, in an escort chair.(a) The escort chair shall not be used in such a manner as to cause physical injury to an inmate, as a form of physical punishment, or in lieu of psychiatric restraints.(b) An inmate shall not be deprived of food, water or use of the restroom facilities for an unreasonable period of time while in the escort chair.(c) The escort chair will be used for escort purposes only. The use of the escort chair to either punish or retaliate against an inmate is strictly prohibited.(d) Inmates shall not be utilized to push the escort chair.(e) Escort chairs shall not be placed in vehicles when inmates are restrained in the escort chairs.(f) The inmate shall be removed from the chair upon arrival at the destination and returned to the chair for the return escort. No inmate shall be placed in the escort chair for longer than it takes for such inmate to be taken directly to his or her destination.(g) If the inmate does not offer resistance to placement into the escort chair, no Report of Force Used, Form DC6-230 shall be completed. If at any time the inmate offers resistance, proceeding to place the inmate into the escort chair shall constitute a physical use of force, which shall be conducted pursuant to Rule 33-602.210, F.A.C.(h) The placement into the escort chair and application of the restraints shall be videotaped and Form DC6-210, Incident Report, shall be completed. The videotape and the completed Form DC6-210 shall be forwarded to the Warden or the Duty Warden for review within one working day. Form DC6-210, Incident Report, is incorporated by reference in Rule 33-602.210, F.A.C.(i) The Warden or the Duty Warden shall forward any instances where he or she is concerned the rules related to escort chair use were not complied with to the Office of the Inspector General.(4) In all instances, the Warden or Duty Warden shall be contacted by the Shift Supervisor and shall give his permission prior to use of the escort chair. The Shift Supervisor shall provide the Warden or Duty Warden the rationale for using the escort chair and document it on Form DC6-2068, Escort Chair Inmate Observation Log. Form DC6-2068 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-02953. The effective date of the form is 8-13.(5) In all instances, the medical department shall be contacted by the Shift Supervisor and the medical staff member on duty shall conduct a review of the inmate's medical condition and document on Form DC6-2068, Escort Chair Inmate Observation Log, that the use of the escort chair will not threaten the health of the inmate.(6) For those inmates spitting or expelling bodily fluids on employees or with a documented history of such behavior, a spit net/shield may be placed over the head of the inmate and Form DC6-280, Special Management Spit Shield Status Request, shall be completed in accordance with Department procedure 602.028(1), (3). Form DC6-280, Special Management Spit Shield Status Request, is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-02951. The effective date of the form is 8-13.(7) Staff conducting the escort shall carry a spit net/shield during the escort in the event the inmate begins behavior warranting its use.(8) The spit net/shield shall be secured in such a manner in order to allow normal breathing capabilities. Medical personnel shall assess the inmate during and subsequent to placing the spit net/shield over the inmate's head to ensure that the inmate can breathe sufficiently.(9) If any staff member observes that the restraints appear to be restricting circulation to the hands or feet, the officer will confer with his supervisor prior to adjusting the restraints.(10) The Shift Supervisor shall ensure that Form DC6-2068, Escort Chair Inmate Observation Log, is initiated and that all facts concerning the inmate are continuously documented. Form DC6-2068 must be completed any time an inmate is placed in an escort chair and restrained.(11) Responsibility for the inmate restrained in the escort chair is assigned to the on-duty Shift Supervisor who, when relieved of duties, shall update the on-coming Shift supervisor of all relevant facts. Once the inmate is secured in the escort chair, the Shift Supervisor is not required to be present during the remainder of the escort.(12) Chemical agents shall not be administered to an inmate while he is restrained in an escort chair.(13) Form DC6-2068, Escort Chair Inmate Observation Log, shall be retained by the Warden for a period of three years. A copy of Form DC6-2068 shall be forwarded to the Regional Director.(14) Videotaping of escort chair use shall begin prior to the inmate being removed from his or her cell and shall not end until the inmate is secure back in a cell. (a) A lead-in statement with the rational for the use of the escort chair shall be provided on camera by the Shift Supervisor, Confinement Lieutenant, or Close Management Lieutenant, which shall include:2. His or her name and rank,3. The camera operator's name and rank, 4. The inmate's name and DC number; and,(b) The video recording shall continuously run until the escort is complete and shall encompass the following:1. The lead-in statement specified in paragraph (14)(a) of this rule,2. The statement from the Shift Supervisor to the inmate that physical force will be used to place the inmate in the escort chair if there is a refusal or resistance,3. Any response by the inmate,4. The actual placement of the inmate in the escort chair,5. The actual transport to the destination. For medical or mental health treatment this recording, for confidentiality purposes, shall be handled in accordance with Rule 33-602.210, F.A.C.,6. The actual removal of the inmate from the escort chair at the destination, 7. The inmate's behavior upon arrival at the destination,8. The actual placement of the inmate in the escort chair at the destination for the return trip,9. The action during the trip,10. Securing of the inmate in a cell; and,11. Any unusual events that occur during the time the inmate is in the escort chair.(15) If the inmate refuses or offers active physical resistance when being placed in the escort chair, staff may utilize the minimum physical force necessary to secure the inmate in the escort chair. The Shift Supervisor shall make a determination whether to cancel the escort or use force to gain the compliance of the inmate for the escort.Fla. Admin. Code Ann. R. 33-602.212
Rulemaking Authority 944.09 FS. Law Implemented 944.09, 944.35 FS.
New 8-11-13, Amended by Florida Register Volume 43, Number 248, December 27, 2017 effective 1/10/2018.New 8-11-13, Amended 1-10-18.