Watchdog Calls for Hawaii Prisons, Jails to Stop Using Restraint Chairs
On April 18, 2024, Hawaii’s Correctional System Oversight Commission (CSOC) called on lockups in the state to stop using restraint chairs over concerns they are dangerous. CSOC said it wasn’t aware that any of the devices were still around until a March 2024 inspection left commissioners “quite taken aback” to find them in three jails, including Kauai Community Correctional Center (KCCC).
Commissioners said they were worried about a lack of clear policies and training for safe use of the restraint chairs after staff at KCCC reported using them “as needed” for jail detainees experiencing mental health crises; the staffers, however, were unable to cite any official protocols governing use of the devices.
Christin Johnson, CSOC Oversight Coordinator, said that policy of the state’s Department of Corrections and Rehabilitation (DCR) on use of restraint and seclusion does not specifically mention the chairs, but covers a wide range of restraint equipment such as handcuffs and leg irons. According to the restraint policy, detainees or prisoners cannot be placed in restraints for more than two hours without a review, and once in restraints they must remain under constant visual supervision. Wellness checks are required every 15 minutes, and “range-of-motion” releases—allowing a stretch break—are required every two hours.
Johnson, who formerly worked at New York City’s Rikers Island jail complex, expressed concern that even if there is a policy, “it’s not known about, it’s not utilized and therefore it’s highly unlikely that it’s being followed.” She highlighted especially the dangers of using the chairs on agitated detainees, potentially leading to lawsuits due to improper restraint.
A decade ago, the Journal of Forensic and Legal Medicine published a review that found 606 legal motions and cases which included some mention of a restraint chair, with 97 of those referencing alleged civil rights violations. More recently, the Equal Justice Initiative found that 20 in-custody jail deaths were linked to the use of restraint chairs from 2014 to 2020.
In addition to restraint chairs, CSOC inspectors also found a WRAP restraint device in the same riot control gear storage area at KCCC. The WRAP is a harness with straps and buckles that secure the legs together and clips around the torso, forcing a detainee into a seated position. Lawsuits allege suffocation deaths and torture during its use. Marketing materials tout a “100% safe” conclusion from a study by the Institute for the Prevention of In-Custody Deaths, but the organization’s president, John Peters, Jr., said the study was extremely limited and also identified potential problems both from medical complications caused by the device and improper staff training in its use.
DCR Director Tommy Johnson defended the decision to keep the chairs, stating they are used only under supervision of mental health professionals and according to existing policy for restraint and seclusion. However, he acknowledged that the policy does not specifically mention chairs and said he would seek a review from the Office of Attorney General Anne E. Lopez (D).
Sources: Capital & Main, Equal Justice Initiative, Honolulu Civil Beat, Journal of Forensic and Legal Medicine
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