Section 2501.70  Use of Chemical Agents in Rooms (Consent Decree)

a)         This Section applies only to the transfer of a committed youth who has refused to leave his room when so ordered.  The transfer of a committed youth shall be undertaken with a minimum amount of force. Only when the individual threatens bodily harm to himself, other committed youth or security staff may tear gas or other chemical agents be employed to remove him.

b)         Prior to use of tear gas or other chemical agents, the committed youth shall be informed that such tear gas or other chemical agents will be used unless he complies with the transfer order.

c)         The use of tear gas or other chemical agents may be authorized only by the shift supervisor or higher authority.

d)         Precautionary measures shall be taken to limit the noxious side effects of the chemical agents.  In addition, the following procedures shall be followed whenever tear gas or other chemical agents are used to compel a committed youth to leave his room:

1)         If circumstances allow, ventilation devices, such as windows and fans, shall be readied prior to the use of tear gas or other chemical agents.  In any event, these devices shall be employed immediately after tear gas or other chemical agents are used.  The purpose of this procedure is to minimize the effect of tear gas or other chemical agents upon other committed youth located in the building.

2)         Gas masks shall be available for use by security staff at the time the tear gas or other chemical agent is used.

3)         When a gas canister is placed inside a committed youth's room, the gas will quickly take effect and security staff shall enter the room as soon as possible to remove the individual.

4)         The committed youth shall be instructed by the security staff to flush his eyes and skin exposed to the chemical agent with water.  If the individual appears incapable of doing so, a member of the medical staff present shall perform this task.  If no member of the medical staff is present, the security staff member shall undertake this procedure.

e)         An Incident Report shall be prepared immediately after the use of the chemical agent.  This report shall be signed by each security staff member involved in the transfer, who may indicate disagreement with any fact stated in the report.

f)         The Chief Administrative Officer shall examine these Incident Reports to ensure that proper procedures were employed.  Failure to follow proper procedures will result in disciplinary action.

g)         Before Section 2501.70 is modified, legal staff must be consulted. This Section was promulgated pursuant to settlement of litigation by order of the court.  It may not be modified without approval of the court.