A "Court Restraint Device" refers to any device that is used to prevent or restrict the inmate/defendant's ability to verbally or physically disrupt the trial proceedings inside the courtroom.
The use of any control restraint device (i.e., waist or leg chains, handcuffs or other devices) outside the courtroom or in the courtroom during non-trial procedures does not need to be reported in this manner.
The simple deployment of any "Court Restraint Device" is not considered force. However, if force is used during the installation or removal of any device, the force shall be reported as required per Department Policy.
Prior to deploying any "Court Restraint Device" during a court session, Department personnel shall obtain a written court order from the bench officer. The original court order shall be placed in the court files and a copy will be attached to the "Court Restraint Device Record."
Note: (Only one court order needs to be issued for the defendant(s) and it will remain in effect for as long as the defendant(s) appears in front of the bench officer who issued the order.)
When the court order (original or copy) is presented to the bailiff, notification and approval of the branch supervisor is needed each time prior to the device being used. The notification process will be recorded on the "Court Restraint Device Form" by printing the supervisor’s name in the appropriate box.
Procedures for Using the Form
Each time a "restraining device" is deployed in the courtroom, it shall be documented by using the Court Services Division "Court Restraint Device Record" which provides the following information: defendant's name and booking number, the court, bench officer's name, branch supervisor's name, reason for using the device and the name of the deputy who installed and removed the device.
Each branch will retain the original Court Restraint Device form (along with a copy of the signed court order) filed by defendant's last name, in a notebook designated specifically
for that purpose. Reports can be purged from the notebook after three years from the last date listed on the form.
Supervisor’s Responsibility
Branch supervisors shall be accountable for routinely ensuring that the use of any device in a courtroom session is properly documented. The recorded information will be subject to annual Command Inspection to verify compliance.
Refer to CSDNet - "Forms" for the Court Restraint Device form.