In the custody of Nueces County Jail in Corpus Christi, Texas, 31-year-old Felipe Viviano Garcia died on August 2, 2021. He hadn’t even gone through the county jail’s booking process before suffering a medical emergency and being pronounced dead. The cause of death is pending autopsy results.

The Texas Commission on Jail Standards (TCJS) provides guidelines for using restraints under “Chapter 273-Health Services” in the Texas Administrative Code. It is implied that all the restraint systems that have been approved by TCJS are included in the instructions. One particular rule follows.  It is the one regarding the length of time a person can be in a restraint system, and it indicates timing that goes against the manufacturer’s recommendations for restraint chairs.

RULE §273.6 (10) – Restraints

At the earliest possible time that an inmate is no longer exhibiting behavior that necessitates the use of a restraint system, restraints must be removed. An inmate must never be kept in restraints longer than 24 hours.

Manufacturer’s Warning for Restraint Chairs

According to manufacturer’s instructions regarding restraint chairs, detainees must not be kept in the device for more than two hours. Under the direct medical supervision of a doctor or nurse, the two-hour time limit can be extended if the inmate has not sufficiently calmed down or sobered up enough to no longer threaten anyone’s safety. Ten hours total is the maximum amount of time a detainee should ever be kept in a restraint chair.

See Part 1 and Part 2 of this three-part series.

It is not intended on this site to infer that persons or institutions have been engaged in wrongdoing. The posts on this website are intended as potentially helpful resources to benefit inmates in county jails in Texas.

–Guest Contributor