NRS 193.306 Prohibited acts and duties relating to restraint chairs.

544 words·~2 min read·/nv/chapter-193-criminality-generally/193-306

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. In carrying out his or her duties, a peace officer shall use a restraint chair on another person only if:

(a)The person resists an order of a peace officer in a physically violent or life-threatening manner;

(b)A supervising peace officer who has attained the rank of sergeant or higher authorizes the use of a restraint chair;

(c)The peace officer informs a member of the medical staff that a restraint chair will be used;

(d)A member of the medical staff conducts a medical evaluation of the person immediately before and immediately after the person is placed in the restraint chair; and

(e)The law enforcement agency that employs the peace officer creates and maintains a video recording of the incident involving the use of the restraint chair.

Ê A peace officer shall not threaten a person with the use of a restraint chair unless the person is resisting an order of the peace officer in a physically violent or life-threatening manner.

2. After a person is placed in a restraint chair:

(a)A peace officer shall visually observe the person in the restraint chair until both medical evaluations of the person have been completed pursuant to subsection 1 and at least once every 15 minutes thereafter;

(b)If the person in the restraint chair appears to be in distress or indicates that he or she is in distress or requires medical aid, a peace officer shall ensure that medical aid is rendered to the person as soon as practicable;

(c)A supervising peace officer who has attained the rank of sergeant or higher shall evaluate whether it is necessary for the person to remain in the restraint chair at least once every 30 minutes after the person has been placed in the restraint chair;

(d)The person must not be restrained in the restraint chair for more than 2 hours unless a supervising peace officer who has attained the rank of sergeant or higher approves the use of a restraint chair for more than 2 hours and such use complies with the policy adopted pursuant to this subsection; and

(e)The law enforcement agency that employs the peace officer who used the restraint chair shall create and maintain a record of the incident which includes, without limitation:

(1)The period for which the person was restrained in the restraint chair; and

(2)A description of any injuries sustained by the person as a result of the use of the restraint chair.

Ê Each law enforcement agency shall adopt a written policy that establishes the circumstances under which a person may be restrained in a restraint chair for more than 2 hours.

3. A restraint chair must not be used to restrain a person who is pregnant.

4. The provisions of subsections 1, 2 and 3 do not apply to mechanical restraint used pursuant to NRS 433.545 to 433.551 , inclusive. As used in this subsection, “mechanical restraint” has the meaning ascribed to it in NRS 433.547 .

5. As used in this section, “restraint chair” means a chair that secures a person in an upright sitting position by restricting the movement of the arms, legs and torso of the person.