TYC reaches pepper spray agreement with advocacy groups
Wednesday, November 28, 2007 - 8:41 pm
Ten days ago, a Travis County district judge ordered attorneys for TYC to reach an agreement with attorneys for advocacy groups Texas Applesees and Advocacy, Inc. about the appropriate use of pepper spray on youth in TYC facilities. Texas Appleseed and Advocacy, Inc. announced today that they have reached a compromise with the agency, under which pepper spray will not be used as a first resort against youth with respiratory, emotional, or mental health issues.
The agency has further agreed that each instance of the use of pepper spray must meet a two-part test: It must be used only if the youth threatens imminent hard to self or others, and only if “manual restraint is not a practicable method for dealing with the situation under the circumstances presented.”
The compromise further provides that:
- Youth with respiratory/health problems that contraindicate use of OC spray will be identified and placed on a” no-spray” list, which will be circulated to all staff authorized to use pepper spray.
- As a general rule, pepper spray should not be used in the TYC facility in Corsicana, which houses youth with mental and emotional issues, unless necessary prevent loss of life or serious bodily injury.
- If a youth’s mental condition would contraindicate the use of OC pepper spray, a mental health professional must be given an opportunity to establish control of the situation before OC spray is used. The only exception is if use of the spray is necessary to prevent serious bodily injury or loss of life.
- For youth confined in a room in a security unit or an isolation room, pepper spray can only be used when necessary to prevent serious bodily injury or loss of life.
- TYC cannot use OC spray unless a youth’s behavior poses a risk of “imminent harm.” This requires non-verbal aggressive behavior. In the absence of non-verbal aggressive behavior, TYC has agreed that manual restraint must be attempted prior to the use of OC spray.
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