JUN, 8,2009 12:02PM

NO, 361

P, 2

Pennsylvania Department of Corrections
Right-to-Know Office
55 Utley Drive
Camp Ifill, PA 17011
(717) 731-0444
June 8, 2009

Dena Lefkowitz, Esq. (via facsimile)
Office of Open Records
Conul1onwealth Keystone Building
400 North Street; 4th Floor
Harrisburg, PA 17120-0225

Re:

AP 2009-0440

Dear Ms. Lefkowitz;
Please allow this COlTespondence to serve as roy Entry of Appearance on
behalf of the Department of Con-ections ("Department") in this appeal filed by the
American Civil Liberties Union of Pennsylvania ("ACLU") on behalf of the
'American Friends Service Committee ("APSe").
j

APse's request, received by the Department's Open Records Officer
("ORO") on April 1, 2009, was for (1) names, biweekly salary, rank, and job titles
for staff at SCI-Mahanoy and (2) Department policies regarding the use of the
restraint chair, See Request. On May 1, 2009, the Department's ORO granted the
request for the names, biweekly salary, rank, and job titles for staff at SCIMahanoy, but denied,the first names of corrections officers on the grounds that
such records fall within the personal security, law enforcement, and personal
identification exemptions of the Right to Know Law ("RTKL"), as well on as the
basis that employees have a constitutional right to privacy which would be violated
by the disclosure of their fIrst names. See Response. The Department's ORO also
denied the request for the Department policies regarding the use of the restraint
chair on the grounds that such records fall within the personal security and law
enforcement exemptions of the RTKL. See Response.

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NO. 361

P. 3

Subsequently, the Department received notice that APSe filed an appeal of
the denial of the Department policy on the restraint chair. 1
Following further review, the Department has determined to release a copy
of the restraint chait policy to the APSe. The Department's restraint chair policy
is set forth in the Facility Security Procedures Manual 6,3.1, Section 33~ Part F.
Accordingly, APSe is granted access to Part F of Section 33, A copy of the
restraint chair policy is being sent to counsel for the APSe at no charge, along with
a copy of this response.
Because the APSe has received access to the Department's restraint chair
policy~ this appeal as to this record is rendered moot.
Sincerely,

~td~~
Maria G. Macus-Bryan
Assistant Counsel

cc~

Mary Catherine Roper, Esquire (viafacsimile)

APSe does not raise any other issues for appeal. By failing to raise these issues APse waives
any right to challenge the denial of access to records for any other reason. 65 P.S. § 67.1101(a)
("'The appeal shall state the grounds upon which the requester asSerts that the record is a pUblic
record. . . and shall address any grOllllds stated by the agency for delaying or denying the
record."); Martella v. Department ofTransportation~ 841 A.2d 633 (Pa. Cmwlth. 2004).
1

JUN, 8.2009 12:03PM

NO, 361

6.3.1, Facility Security Procedures Manual
Section 33 - Restraints

P. 4

.

Revised February 2008

F. Restraint Chair
l. Authorized Types of Chairs
The restraint chair is equipped with armrests, a foot platform, and permanent wheels. The
chair can be stationary or mobile when"th,~;wheels are engaged, to allow the chair and

restrained inmate to be moved from location to location. Restraint chairs are authorized
for Level 3 and 4 facilities and facilities with an MHU/SSNU. A facility of a lower security
level with a justified need for a restraint chair may request authorization from the
Regional Deputy Secretary. No facility may have more than two restraint chairs.
2. Restraint Chair Use

.

a. The restraint chair will only be used in a Security Level 5 Housing Unit, or to transport
an inmate to an L5 Housing Unit, in a POC, or MHU/SSNU, unless otherwise
authorized by the Regional Deputy Se.cretary.
b. The restraint chair is used only when lesser. degrees afforce and/or restraints have
not afforded adequate control of the inmate, or the Shift Commander determines that
a lesser degree of force and/or restraint will not sufficiently control the inmate. If an
inmate's behavior warrants immediate placement into the restraint chair, justific.ation
and documentation must be provided. The restraint chair may be considered before
placement of an inmate into four point' restraints. The restraint chair may never be
used as punishment.
:/1."
,

.

c. The restraint chair may be used to' g~iq' control of an inmate:
(1)

when the inmate is throwing material or objects (urine, feces, food, etc.), and
other interventions have failed to stop the behavior;

(2)

after a physical confrontation involving staff or another inmate;

NO, 361

, JUN, 8, 2009 12: 03PM
6.3.1, Facility Security Procedures Manual
Section 33 ...., R~traints

P, 5

Revised 'February 2008·

(3)

for medical procedures s,uch as DNA collection, forced feeding, etc.;

(4)

whose behavior presents a danger to himself/herself or others; and/or

(5)

to prevent the inmate from destroying Commonwealth property.

3. Authorization to Use the Restraint Chair·
a. The Officer-in-Charge of the L 5 HOY$ing' Unit or MHU/SSNU is responsible for
requesting authorization to use the 're'straint chair from the Shift Commander.
b. PriOr to placing an inmate In the restraint chair, medical and psychiatric clearance
must be obtained. This is to verify that there are no medical or psychiatric conditions
.that would preclude use of the restraint chair, If prior approval cannot be obtained, in
cases where the inmate's behavior could result in immediate harm to himself/herself
or others, then such approval shall be sought immediately after placing the inmate in
the restraint chair. During non-regular working hours, the Shift Commander may
authorize placement of an inmate into the restraint chair pending medical and
psychiatric clearance.
c. When an inmate is placed in a 'restraint chair, the Officer-in-Charge/designee of the
L5 Housing Unit or MHU/SSNU shall complete the DC..709, Security Level 5
Housing Unit Inmate Activity Restriction Form (refer to Department policy 6.5.1,
"Administration of Security Level 5 Housing ,Units," Section 1, Attachment 1-K)
to document the appr.oval from the medical department and the behavior(s) that
warranted use of the restraint chair.
4. General Procedures for Use of th~ Re5t.r~\.~t 9hair
1,:, "

a. The placement or removal of an inmate from the restraint chair is considered a
planned Use of Force and shall be videotaped in accordance with Section 32 of this
procedures manual.
b. A DC-121, Extraordinary Occurrence Report shall be completed each time a
restraint chair is used, in accordance with Section 17, Reporting of Extraordinary
Occurrences.
c. The Officer-in-Charge/designee will explain to the inmate the reason(s) the restraint
chair is being used and read the Notice for Use of Restraint Chair (Attachment 33B). This explanation will be videotaped.
d. Only officers who have been trained in the use of the approved restraint chair, in
accordance with Department poli~y 5.1.1 will place an inmate in the chair.
e. The inmate will be handcuffed and placed in leg irons before being placed in the
restraint chair. A spit hood should be applied when the inmate's behavior warrants it.

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NO, 361

,JUN, 8,2009 12: 03PM
6.3.1, Facility Security Procedures Manual
Section 33 ~ Restraints
f.

P, 6

Revised February 2008

The inmate will be placed in a cell that is equipped with video surveillance and he/she
will be videotaped while secured in the restraint chair. The officer in the control booth
has constant surveillance of the inmate through the use of the cell camera. The
videotape will be labeled, secured, and maintained for administrative review in
accordance with Section 32 of this procedures manual.

g. An officer will check on the inmate every 15 minutes and document his/her
observations on the OC~17X, Adjustment Record for Security Level 5 Inmates.
h. The Officer-in-Charge/designee will contact the Shift Commander to advise him/her of
the inmate's behavior at least once every two hours. Based on his/her assessment of
the inmate's behavior, the Shift Commander may order the inmate's release from the
restraint chair at any time, and he/she determines whether the use of the restraint
" :'1
chair should be continued.
\

'

I.

Use of the restraint chair may not exceed eight hours without approval of the Facility
Manager/designee.

J.

The nurse sha,1l ensure that after the initial two hours, and every two hours thereafter,
the inmate will be permitted a total of at least ten minutes for all limbs to be exercised.
Each limb can be freed and then secured, in progression" Exercise will only be
granted if freeing the limb will not pose a threat of harm to others or to the inmate
being restrained. The Officer-in-Charge/designee is responsible for determining if an
exercise period is to be denied. If an exercise period is denied the Officer-in-Charge/
designee shall document the reason for the denial on the DC..709. Denials will be
reported immediately to the Shift Commander who will notify the Medical Department.
The inmate should be' offered an opportunity to eXercise at the next scheduled
exercise period.

k. Meals may not be withheld from an inmate in the restraint chair. He/She will receive
the same meals as those served to th,e general population, or a modified meal as
approved in accordance with Departmer)~ policy 6.5.1. Sufficienttime will be provided
to permit the inmate to eat. One arm Will be released from the restraint and the inmate
will feed himself/herself. The spit h00<;j, if applied, will be removed during this time;
r~placement of the spit hood will b~ based on the inmate's behavior.

I.

Refusals by the inmate to eat and/or drink shall be handled in accordance with
Department policy 13.1.1 7 "Management and Administration of Health Care."
Should an inmate become disruptive during the meal, his/her actions may be
interpreted as refusing to eat

m. Access to a toilet will be made available as needed, and should be offered at the
same time that exercise is offered. The use of restraints to assure safety of the inmate
and staff (leg irons, handcuffu, waist belt, ambulatory restraints, and/or spit hood) ,
during toilet access and/or exercise will be reviewed and approved by the Shift
Commander and documented on the DC-70S.

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NO. 361

JUN. 8.2009 12: 04PM
6.3.11 Facility Security Procedures Manual
Section 33 - Restraints

Revised February 2008

5. Procedures for Placing an Inmate in the
•

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P. 7

Re~traint Chair

IIJ

I

I

a. Glasses, shoes, boots, coat, hat, religious headwear and medal, watch, and belt will
be removed, inventoried, and stored in aceordance,with Department policy 6,5.1. The
inmate is permitted to retain a wedding ring, when applicable.
b. The inmate may be placed in the restraint chair in whatever clothing he/she is wearing
at the time the placement is ordered. If the inmate is placed in the restraint chair while
unclothed or wearing only underwear, he/she shall be covered with an anti-suicide
smock after-being secured in the chair.
c. An officer will position himself/herself behind the chair to control the inmate's head.
d. One officer will stand at the right arm and one will stand at the left arm, each
controlling the arm and shoulder.
e. One officer will stand ready to control the inmate's legs.

f.

The inmate will be ordered to sit in the chair.

',"

.

g. One officer will fasten the lap belt

restr~i'nt across th'e inmate's abdornen.

h. The officer controlling the inmate's legs will fasten the lead rope on the leg iron chain
and fasten the other end to the chair leg or safety 0 ring, as .applicable.
i.

The officers controlling the inmate's arms will place the chair wrist restraints around
the inmate's wrist or lower arm area, one at a time, by:
(1)

releasing the inmate's right wrist from the handcuff, and securing it to the arm of
the restraint chair with the right wrist strap and pulling the strap until it is snug,
but not so tight as to cut off circulation to the inmate's hand; and

(2)

releasing the inmate's left wrist from the handcuff, and securing it to the arm of
the restraint chair with the left wrist strap and pulling the strap until it is snug, but
not so tight as to cut off circulation to the inmate's hand.

j.. Re-tighten the lap belt, if necessary,
k. Fasten the shoulder strap by passing the free ends over the shoulders, under the
armpits, and secure them to t~e s~9~I~er strap clevis, located on the back of the
chair. Then tighten by pulling down on the shoulder strap handle. Do not wrap the
straps around the chest, head or neck.
L

The officer controlling the inmate's legs will secure the inmate's legs by passing the
free end of the ankle strap around the front of the ankle and securing it to the ankle
strap until snug, but not so tight as to cut off circulation.

m. After securing the inmate!s legs to the chair the leg irons will be removed.

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JUN, 8,2009 12:04PM

NO, 361

6,,3.11 Facility Security Procedur.es Manual
Section 33 - Restraints

P, 8

Revised February 2008

n. If the inmate is resistive while being placed in the restrain't chair, he/she may be
handcuffed behind the back until it is deemed safe to place him/her in the chair's wrist
restraints. Steps a. through h. ~nd j. through m. above are to be followed with the
exception that the inmate will be cuffed behind the back. The maximum length of time
an inmate may be held in the restraint chair while cuffed behind the back is 30
minutes. The handcuffs shall be do~bl~,w~ocked to prevent tightening of the handcuffs,
which could result in potential qirc~I~~~rx problems.
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"., l

I

o. The procedures for placing the inmate in the restraint chair are followed in a reverse
sequence to remove him/her from the restraint chair.
6. Medical Examination
Nursing staff shall evaluate and document the circulation and respiratory status of the
inmate in the medical record immediately after the inmate is placed in the restraint chair,
every two hours thereafter, and at the time the inmate is removed from the restraint chair.

"

33-12