Use Of Force

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_200/oar_291/291_013.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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DEPARTMENT OF CORRECTIONS

 

DIVISION 13
USE OF FORCE

291-013-0005
Authority, Purpose, and Policy
(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.
(2) Purpose: The purpose of this rule is to provide guidance and direction in the use of force and security equipment by Department of Corrections employees in the lawful performance of their duties. The rule is written to minimize risk to the general public associated with the escape of an inmate; minimize the likelihood of injury to employees, members of the general public, and inmates; prevent serious destruction of state property, and meet the mission of the Department.
(3) Policy:
(a) It is the policy of the Department of Corrections to authorize the use of force in circumstances specified in this rule. In such circumstances where force is authorized, the type, amount and manner of use of force authorized are further specified within this rule.
(b) The use of force and security equipment by Department employees is authorized by the Director through the appropriate functional unit manager.
Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.030

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.030

Hist.: CD 35-1978, f. 11-9-78, ef. 11-13-78; CD 16-1981(Temp), f. & ef. 6-5-81; CD 33-1981, f. & ef. 8-7-81; CD 3-1983, f. & ef. 1-20-83; CD 40-1985, f. & ef. 8-16-85; CD 42-1986, f. & ef. 10-17-86; CD 12-1988, f. & cert. ef. 9-30-88; CD 9-1989, f. & cert. ef. 6-20-89; CD 20-1991, f. & cert. ef. 8-28-91; CD 3-1995, f. & cert. ef. 1-19-95; DOC 14-1998, f. & cert. ef. 6-18-98
291-013-0010
Definitions
(1) Behavioral Health Services (BHS):
A Health Services unit with primary responsibility for the assessment and treatment
of inmates with mental illness and developmental disabilities.
(2) Carotid Hold: Application
of a hold to the neck that restricts deoxygenated blood leaving the brain, which
may result in the person to whom it is applied becoming unconscious.
(3) Chemical Agents: Chemical
compounds that when deployed are designed to cause sufficient physiological effect
to stop, control or temporarily incapacitate an individual.
(4) Choke Hold: Application
of physical pressure applied directly to the neck area to restrict air from entering
the lungs.
(5) Co-Located Minimum Security
Facility/Level 2: A minimum security facility on the grounds of a medium or higher
security facility, but not within the fenced perimeter of this higher security facility.
(6) Corporal Punishment:
The use of physical force for the purpose of punishment.
(7) Department of Corrections
Facility: Any institution, facility or staff office, including the grounds, operated
by the Department of Corrections.
(8) Electronic Control Devices:
Security equipment designed to stop, control or temporarily incapacitate through
the use of high voltage, low amperage electric stimulation; e.g., conducted electrical
weapons, electronic shield, etc.
(9) Excessive Force: A type
or amount of force beyond that which is reasonably necessary to control the situation
and achieve the correctional objective; or the continued use of force after it is
no longer reasonably necessary.
(10) Functional Unit Manager:
Any person within the Department of Corrections who reports to the Director, an
Assistant Director or administrator and has responsibility for delivery of program
services or coordination of program operations.
(11) Hogtie Method: Binding
a person’s wrists and ankles together behind the back while in a prone position.
(12) Less Lethal Force: Systems
that are explicitly designed and primarily employed so as to incapacitate while
minimizing fatalities or permanent injury.
(13) Lethal Force: Physical
force that has substantial risk of causing death.
(14) Level of Force: The
type of force employed, amount of that type of force employed, and the circumstances
within which the force is employed.
(15) Medium or Higher Security
Facility/Level 3 or Higher: A medium or higher security facility may house multiple
custody classifications of inmates within its secure perimeter, including custody
Level 1 and 2 inmates. Medium or higher security facilities will treat all inmates
as if they are classified Level 3 or higher custody.
(16) Negligent Discharge:
An unintentional discharge caused by an action or event that an employee could and
should have foreseen or prevented.
(17) Officer-in-Charge: That
person designated by the functional unit manager to supervise and make operational
decisions in accordance with department policy, rule or procedure during periods
when the functional unit manager or officer-of-the-day is not readily available.
(18) Physical Force: The
use of hands, other parts of the body, objects, instruments, chemical devices, electronic
devices, firearms or other physical methods used to restrain, subdue, control, intimidate
or to compel persons to act in a particular way, or to stop acting in a particular
way.
(19) Planned Use of Force:
The use of force in situations where time and circumstances allow for consultation
and approval with higher ranking employees, and where there is some opportunity
to plan the actual use of force.
(20) Prone Restraint: The
process of placing an individual “face-down” upon a surface and then
securing or limiting the movement of the arms, legs, or trunk from that surface.
(21) Reactive Use of Force:
The use of force in situations where time and circumstances do not permit approval
by higher ranking employees, or consultation or planning.
(22) Reasonable Force: The
use of physical force to achieve a legitimate correctional objective, where the
type and amount of force are consistent with the situation and the objective to
be achieved; and where alternatives to physical force are unavailable or ineffective;
and where the force used is the minimum necessary to control the situation.
(23) Restraint Chair: A restraining
device that allows for a person to sit upright in a chair that is designed to immobilize
the person.
(24) Secure Custody: Custody
exercised upon a person under the jurisdiction of the Department of Corrections
by means of physical confinement within a facility of the Department of Corrections,
or direct physical supervision of a person with or without use of restraints while
outside a Department of Corrections facility.
(25) Security Equipment:
Firearms, ammunition, batons, chemical agents, security restraints, electronic control
devices, and similar devices.
(26) Security Restraints:
Handcuffs, temporary cuffs, leg irons, belly chains, restraining chairs, and other
similar equipment designed to restrict and control the person's movement from injuring
himself/herself, others, and escape.
(27) Serious Mental Illness
(SMI): An MH3 code designation used to identify inmates with the highest mental
health treatment needs.
(28) Serious Physical Injury:
Physical injury which creates a substantial risk of death or which causes serious
and protracted disfigurement, protracted impairment of health, or protracted loss
or impairment of the function of any bodily organ.
(29) Show of Force: A demonstration
of the current ability to use force, such as the massing of officers or tactical
squads.
(30) Stand Alone Minimum
Security Facility: A minimum security facility that is not on the grounds of a medium
or higher security facility.
(31) Specialty Impact Munitions:
Munitions designed to incapacitate, distract, and control a subject with less likelihood
of life threatening injury.
(32) Therapeutic Restraints:
A type of restraint applied to an inmate for medical or mental health purposes,
and designed to limit an inmate's movement. The kinds of restraints that may be
used for therapeutic purposes include, but are not limited to, leather, rubber or
canvas restraints for the arms, legs and upper torso.
(33) Use of Force: Any situation
in which an employee uses physical force against an inmate or other person, except
those situations in which security restraints are used in a standard manner for
arrest, escort, or transport, or in which therapeutic restraints are used.
Stat. Auth.: ORS 179.040, 423.020, 423.030
& 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: CD 35-1978, f. 11-9-78,
ef. 11-13-78; CD 7-1982(Temp), f. & ef. 1-29-82; CD 12-1982, f. & ef. 3-19-82;
CD 3-1983, f. & ef. 1-20-83; CD 40-1985, f. & ef. 8-16-85; CD 42-1986, f.
& ef. 10-17-86; CD 26-1987, f. & ef. 6-5-87; CD 12-1988, f. & cert.
ef. 9-30-88; CD 21-1988(Temp), f. & cert. ef. 12-30-88; CD 9-1989, f. &
cert. ef. 6-20-89; CD 20-1991, f. & cert. ef. 8-28-91; CD 3-1995, f. & cert.
ef. 1-19-95; CD 20-1995, f. 10-26-95, cert. ef. 11-1-95; DOC 14-1998, f. & cert.
ef. 6-18-98; DOC 3-2004(Temp), f. & cert. ef. 1-27-04 thru 7-25-04; Administrative
correction 8-19-04; DOC 15-2004, f. & cert. ef. 11-2-04; DOC 19-2008, f. &
cert. ef. 8-7-08; DOC 6-2013, f. & cert. ef. 6-21-13; DOC 8-2015(Temp), f. &
cert. ef. 7-9-15 thru 1-4-16; DOC 17-2015, f. & cert. ef. 10-26-15

Procedures

291-013-0055
Applicability of the Rules
(1) All employees shall be thoroughly
familiar with the departmental guidelines of this rule.
(2) Those employees whose
duties require them to be in both institutional and community situations shall be
thoroughly familiar with all sections of this rule. Parole and probation officers
shall follow the department’s rule on Use of Force (Community Corrections)
(OAR 291-022) to provide guidance and direction in use of force incidents.
(3) If there is any question
about specific equipment, procedures, etc., in a use of force situation, an employee
shall be directed by the location of the situation, either in an institution or
the community, rather than by distinctions concerning where he/she is duty stationed.
Stat. Auth.: ORS 179.040, 423.020, 423.030
& 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: CD 3-1995, f. &
cert. ef. 1-19-95; DOC 14-1998, f. & cert. ef. 6-18-98; DOC 15-2004, f. &
cert. ef. 11-2-04; DOC 6-2013, f. & cert. ef. 6-21-13

Departmental Guidelines

291-013-0065
General Provisions-Use of Force
(1) Employees are authorized to apply physical force when and to the degree that it reasonably appears necessary. Use of force will be authorized to maintain legitimate correctional objectives:
(a) For self defense or defend another person against an inmate by using reasonable force;
(b) To prevent the escape of an inmate from secure custody;
(c) To prevent the escape of an inmate during transportation;
(d) To prevent or stop the serious destruction of property;
(e) To quell a disturbance;
(f) To overcome an inmate's physical resistance to a valid order; or
(g) To prevent an inmate from injuring or killing himself/herself or other persons.
(2) Physical force shall be employed when it reasonably appears that other alternatives are not feasible to the situation. When the use of force is justified, only the amount and type of force that reasonably appears necessary to accomplish the authorized objective shall be used. Force shall be de-escalated or terminated as soon as possible consistent with resuming and maintaining control of the situation.
(a) An employee shall consider all types and amounts of force available and begin with the lowest type and amount that is reasonable given the specifics of the situation.
(b) Non-force alternatives, such as talking an inmate into compliance, giving a warning, verbal command or demonstrating a show of force, should be used before actual physical force, if time and circumstances permit.
(c) Immediate use of physical force is authorized in circumstances in which warnings and other non-force alternatives, such as talking an inmate into compliance, are not reasonable or available to the employee.
(d) Employees may use physical force, to include control and compliance holds and hand-to-hand physical techniques, to restrict, immobilize, and attain control of the resisting inmate.
(e) Both the carotid hold and choke hold are prohibited except in self-defense or defense of another where there is no reasonable alternative and where the situation is a clear and immediate threat to life.
(3) Prior to the use of force when time and circumstances permit, the employee will warn the inmate that force will be used if he/she does not immediately comply with staff orders.
(4) An employee will exercise caution before the use of force, if time and circumstances permit, by performing the following:
(a) Evaluate the situation for the elements of risk;
(b) Report the situation to master control or a supervisor; and
(c) Work with a backup employee, preferably with the direct observation of a supervisor.
(5) Use of force and subsequent restraints shall be used only for restraint and not for punishment.
(6) Intentional verbal harassment or public humiliation to provoke an inmate into a position that would justify the use of force is prohibited.
(7) Nothing in these rules is intended, or should be interpreted, as preventing an employee from taking reasonable measures to protect himself/herself, to protect the lives of others, stop disturbances or escapes, or prevent serious destruction of state property.
Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.030

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.030

Hist.: CD 3-1995, f. & cert. ef. 1-19-95; CD 20-1995, f. 10-26-95, cert. ef. 11-1-95; DOC 14-1998, f. & cert. ef. 6-18-98; DOC 15-2004, f. & cert. ef. 11-2-04; DOC 14-2005, f. 10-14-05, cert. ef. 10-24-05
291-013-0070
Planned Use of Force
(1) The functional unit manager or designee
will be contacted for authorization of the planned use of force involving firearms,
batons, water hoses, electronic control devices, specialty impact munitions, and
chemical agents other than aerosol sprays.
(2) Any planned use of force
shall be carried out under the personal direction of supervisory or higher level
staff, and only after consultation with and approval of the officer-in-charge. The
officer-in-charge may be present when the use of force is employed if there is no
anticipated danger of becoming a hostage.
(a) Chemical agents, electronic
control devices, batons, water force, or specialty impact munitions may be used
prior to the arrival of the supervising employee if immediate use is essential to
prevent and/or control death, serious injury, major disturbance or substantial destruction
of property.
(b) If an employee is assaulted,
he/she will not participate in a planned use of force, unless no other option is
available; e.g., no other employees are readily available to participate in the
planned use of force.
(3) A health care professional
shall be contacted, if on duty at the facility, prior to the planned use of force
to ensure medical assistance is readily available, if necessary, and to evaluate
the inmate if he/she is medically high risk.
(4) Inmates Designated as
SMI:
(a) If an inmate has been
designated as SMI, the officer-in-charge shall consult with a BHS manager or designee
before the planned use of force. If no BHS manager is on-site, the officer-in-charge
will contact Medical Services, if available.
(b) Based on the circumstances
and if time permits, the BHS manager or designee may evaluate the inmate prior to
the application of force.
(5) Every planned use of
force situation shall be videotaped provided that time and circumstances permit.
(a) The video recording should
include a briefing, the use of force incident, and debriefing. The video recording
should not be stopped during the use of force incident.
(b) The original video recording
will be stored by the functional unit in accordance with the approved retention
schedules from the date of the incident, or the time stored will be extended until
the resolution of pending or actual litigation, or as otherwise directed by the
department’s legal counsel.
(c) A back-up video recording
will be made and sent to the Office of the Inspector General. The Office of the
Inspector General will store the back-up tape in accordance with the approved retention
schedule.
(d) Back-up tapes will be
returned to the originating facility for disposition. A use of force video recording
may be released with the approval of the functional unit manager or designee.
(6) The commander shall authorize
the type and amount of force used during any declared emergency at a facility except
for reactive use of force.
Stat. Auth.: ORS 179.040, 423.020, 423.030
& 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: CD 3-1995, f. &
cert. ef. 1-19-95; CD 20-1995, f. 10-26-95, cert. ef. 11-1-95; DOC 14-1998, f. &
cert. ef. 6-18-98, Renumbered from 291-013-0125; DOC 15-2004, f. & cert. ef.
11-2-04; DOC 19-2008, f. & cert. ef. 8-7-08; DOC 6-2013, f. & cert. ef.
6-21-13; DOC 8-2015(Temp), f. & cert. ef. 7-9-15 thru 1-4-16; DOC 17-2015, f.
& cert. ef. 10-26-15
291-013-0080
Reactive Use of Force
(1) Reactive use of force will be allowed for situations where time and circumstances do not permit approval by a supervisor or consultation or planning.
(2) Employees may use any available equipment or weapons to prevent the loss of life or serious bodily injury, if no other reasonable alternative or time is available.
Stat. Auth.: ORS 179.040, 423.020,423.030 & 423.030

Stats. Implemented: ORS 179.040, 423.020 & 423.030

Hist.: DOC 14-1998, f. & cert. ef. 6-18-98; DOC 15-2004, f. & cert. ef. 11-2-04
291-013-0100
Lethal Force
(1) Employees shall consider every reasonable means of control before resorting to the use of lethal force.
(2) Use of Lethal Force in Medium/Level 3 or Higher Security Facilities: Lethal force may be used when and to the extent that an employee reasonably believes it necessary:
(a) To prevent imminent serious bodily injury or death to one's self or another person.
(b) To prevent escape by an inmate from secure custody, whether inside or outside the secure perimeter of a Department of Corrections facility while the inmate is on department grounds.
(c) To prevent or stop a riot or other group disturbance by inmates where there is reason to believe an inmate poses a threat of escape or imminent serious bodily injury or death to another person.
(d) To prevent an unauthorized person(s) or motor vehicle(s) from attempting to breach the secure perimeter of a Department of Corrections facility in order to assist in an escape or insurrection by an inmate(s).
(e) To prevent or stop extensive damage to property if, and only if, its loss or destruction would lead directly to escape or imminent serious bodily injury or death to another person.
(f) To prevent or stop an inmate or other person from setting or spreading fire to or within a building within the secure perimeter of a Department of Corrections facility, where there is reason to believe the fire poses a threat of serious bodily injury or death to another person.
(3) Any inmate moving toward an unauthorized motor vehicle or airborne craft, whether inside or outside the secure perimeter of the facility, shall be considered to be a potential escape attempt. Shots shall not be fired at an airborne craft in a flight over the perimeter, landing, on the ground, or taking off from the facility except in self defense to one’s self or another person where the situation is a clear and immediate threat to life.
(4) Use of Lethal Force in Stand Alone Minimum Security Facilities/Level 2: Lethal force may not be used to prevent the escape of an inmate from a stand alone minimum security facility.
(5) Use of Lethal Force in Co-Located Minimum Security Facilities/Level 2: Lethal force may not be used to prevent the escape of an inmate from a co-located minimum security facility if the staff member knows the inmate is classified as minimum custody.
(6) Use of lethal force in community situations; e.g., transport of an inmate, supervision of outside work crews, is covered under OAR 291-013-0215.
Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist.: CD 3-1995, f. & cert. ef. 1-19-95; DOC 14-1998, f. & cert. ef. 6-18-98, Renumbered from 291-013-0155; DOC 3-2004(Temp), f. & cert. ef. 1-27-04 thru 7-25-04; Administrative correction 8-19-04; Renumbered from 291-013-0090; DOC 15-2004, f. & cert. ef. 11-2-04; DOC 14-2005, f. 10-14-05, cert. ef. 10-24-05; DOC 19-2008, f. & cert. ef. 8-7-08
291-013-0104
Security Equipment
(1) General Provisions:
(a) The Institutions Administrator
will review all security equipment. The Director or designee shall approve all security
equipment before it is issued and used as department authorized security equipment.
(b) Only department authorized
and/or issued equipment shall be used to apply physical force to individuals.
(c) Security equipment shall
not be issued to or used by an employee who has not been trained in the proper use
of such devices.
(d) The above three sections
(a)–(c) apply to all use of force incidents except for situations that require
reactive use of force where there is a clear and imminent threat of death or great
bodily injury, and where there is no other reasonable alternative.
(e) The storage and use of
security equipment will be authorized by the Director through the appropriate functional
unit manager.
(2) Security Restraints —
General Use of Restraints:
(a) Security restraints are
authorized to restrict, immobilize, and control the movement of an inmate.
(b) The standard routine
use of security restraints for escort or transportation of an inmate is not a use
of force within the context of these rules. Situations in which an inmate has refused
to be placed in security restraints, or has resisted after being placed in restraints,
are considered use of force within the context of these rules.
(3) Restricting Movement:
(a) Security restraints may
be used to restrain an inmate with the express approval of the officer-in-charge,
upon a demonstration that the inmate is out of control and engaged in behavior which,
if unrestrained could:
(A) Result in significant
destruction of property;
(B) Constitute a serious
health or injury hazard to the inmate or others; or
(C) Escalate into a serious
disturbance.
(b) Security restraints used
to restrain an out-of-control inmate shall be terminated when the inmate has demonstrated
behavior which would not result in the above three sections (A)–(C).
(c) Placing an inmate in
security restraints or a restraint chair shall be considered a use of force within
the context of these rules, except when placing an inmate in handcuffs/restraints
for transportation or escort.
(d) Security restraints will
not be placed around the neck or head, nor in any manner that restricts blood circulation
or breathing.
(e) The hogtie method will
not be used as a security restraint.
(f) Employees in general
shall ensure that unnecessary pressure is not placed on the inmate’s chest,
back or neck while applying restraints. Employees shall maintain close observation
of a restrained inmate in order to detect breathing difficulties and/or loss of
consciousness.
(g) While using the prone
restraint position when the correctional objective is met the inmate should be placed
on his/her side or moved into a sitting position as soon as feasible. Employees
will assess the inmate’s physical condition.
(h) Restrained inmates will
never be transported on their stomach.
(i) An employee shall check
at least every 30 minutes and verify security restraints are not causing obvious
injury or an obvious medical problem when an inmate has been placed in restraints
as a result of a use of force situation. Each check of the restraints will be documented.
A copy of the documentation shall accompany the unusual incident report.
(j) The officer-in-charge
shall evaluate the need to restrain an out-of-control inmate every two hours with
written documentation for the reason(s) to continue or discontinue security restraints
or restraint chair. The documentation shall accompany the use of force review documentation.
(k) The officer-in-charge
will notify a health care professional immediately upon the application of security
restraints or restraint chair.
(l) The health care professional,
when notified, will perform the following:
(A) Evaluate the inmate's
condition to verify the security restraints are not causing injury or an obvious
medical problem;
(B) Evaluate the inmate's
mental status and notify a qualified mental health professional, if necessary;
(C) Consider treatment or
intervention as an alternative, or in conjunction with security restraints;
(D) Document the results
of the evaluation; and
(E) Physically re-evaluate
sections (A)–(D) above every two hours.
(m) Use of security restraints
or restraint chair to restrain an out-of-control inmate will be documented and reported
by the officer-in-charge to the functional unit manager or designee. The documentation
shall accompany the use of force review documentation.
(n) Continued use of security
restraints applied for a time period longer than eight hours, and every eight hours
thereafter, shall require the written approval of the functional unit manager or
designee in addition to the requirements of sections (j), (k) and (l) above.
(o) Continued use of the
restraint chair for a time period longer than two hours, and every two hours thereafter,
shall require the written or verbal approval of the functional unit manager or designee
in addition to the requirements of sections (j), (k) and (l) above. The use of the
restraint chair shall not exceed ten consecutive hours.
(p) Continued use of the
restraint chair for a time period longer than two hours, and every two hours thereafter,
during the transporting of an inmate shall require the verbal approval of the functional
unit manager or designee. The use of the restraint chair shall not exceed ten consecutive
hours during transport.
(A) The officer-in-charge
of the transport shall ensure that observation of the inmate is maintained and documented
on the Trip Documentation Sheet every 30 minutes. The officer-in-charge shall ensure
that the inmate is evaluated by a health care professional once the final destination
is reached.
(B) Placing an inmate in
the restraint chair shall be considered a use of force within the context of these
rules, except when the restraint chair is being utilized as additional seating for
inmates during transfers.
(q) Therapeutic Restraints:
The documentation, application, and use of therapeutic restraints will not be considered
a use of force situation, but shall be in accordance with the department’s
rule on Therapeutic Restraints (OAR 291-071). Therapeutic restraints will be:
(A) Applied to an inmate
only for medical or mental health treatment to limit the inmate’s movement;
and
(B) Applied to an inmate
only upon the documented verbal or written order of a physician, except in the absence
of a physician, a registered nurse may authorize the application of therapeutic
restraints for a period not to exceed one hour.
(4) Chemical Agents, Electronic
Control Devices, Batons, Water Force and Specialty Impact Munitions:
(a) The use of chemical agents
other than aerosol spray, electronic control devices, batons, water force, and specialty
impact munitions shall be authorized only by the functional unit manager or designee.
The decision to use chemical agents, electronic control devices, batons, water force,
and specialty impact munitions shall be based on the level of force that, in the
judgment of the functional unit manager or designee, is most likely to resolve the
situation with the least amount of injury to all parties involved.
(b) The use of chemical agents,
electronic control devices, batons, water force, and specialty impact munitions
may be used to subdue an inmate when the level of physical hands-on force required
to subdue the inmate would potentially subject the employee, inmate or others to
greater injury than would be incurred through the use of this security equipment.
(5) Use of Chemical Agents:
(a) The amount and type of
chemical agent used and the means of dispersal shall be limited to that necessary
to achieve the correctional objective and be used in accordance with the manufacturer’s
instructions and departmental training.
(b) Prior to the use of any
chemical agent, and where time and circumstances permit, the inmate against whom
it is directed shall be warned chemical agents will be used.
(c) If possible, a chemical
agent shall not be used against an inmate known to suffer cardio-vascular, convulsive
or respiratory ailments.
(d) An employee recently
assaulted by an inmate shall not approve or apply chemical agents to the particular
inmate, unless there is no reasonable alternative.
(e) An inmate shall not be
restrained or held for the sole purpose of rendering him/her a more stationary target
for a chemical agent. If chemical agents are administered to a handcuffed inmate,
staff shall document the reason why the removal of the handcuffs was not feasible.
(f) Those affected by a chemical
agent shall be permitted to wash their face, eyes, and other exposed skin areas,
as soon as possible after the chemical agent has been used.
(g) Those affected by a chemical
agent in a closed area shall be permitted to move to an uncontaminated area as soon
as possible after the chemical agent has been used.
(h) Clothing exposed to a
chemical agent shall be removed as soon as feasible and clean clothing made immediately
available.
(i) An employee(s) or inmate(s)
affected by a chemical agent shall be examined by a health care professional as
soon as feasible after the chemical agent has been used.
(j) An inmate(s) receiving
an application of a chemical agent shall be under continuous staff observation for
the first ten minutes.
(A) The inmate shall then
be observed approximately every ten minutes for the first 30 minutes after receiving
the application of a chemical agent.
(B) All observations shall
be documented with a date and time reference.
(C) The documentation shall
accompany the use of force review documentation.
(6) Use of Electronic Control
Devices:
(a) Only agency approved
electronic control devices shall be used.
(b) Medical Considerations:
(A) As soon as feasible following
each use of an electronic control device, the inmate shall be afforded medical examination
and treatment.
(B) An electronic control
device shall not be deployed if there is knowledge that the inmate is pregnant.
(C) If the electronic control
device utilizes probes that penetrate the skin, the probes shall be removed when
the inmate is under control. Medical staff, if on duty at the facility, shall remove
the probes. Trained security staff may remove the probes if medical staff are not
available.
(D) If probes are embedded
in soft tissue areas such as the head, neck, face and groin, removal shall be done
by medical staff only.
(c) Electronic control devices
will not be used in conjunction with aerosol propelled chemical agents.
(d) Prior to the deployment
of an electronic control device, the supervisor and person assigned to be the operator
shall have attended the approved departmental training on the operation and protocol
associated with its use.
(7) Use of Specialty Impact
Weapons:
(a) Specialty impact munitions
are intended as a less lethal alternative to the use of deadly force. Use of specialty
impact munitions shall be authorized by the functional unit manager or designee
prior to deployment.
(b) After each use of specialty
impact munitions, exposed inmates shall be examined by Health Services personnel.
(8) Firearms:
(a) The functional unit manager
or designee will authorize the location and carrying of a department issued firearm
on the grounds of a facility.
(b) A Transportation Unit
officer or facility correctional officer may carry a firearm in the performance
of his/her duties as authorized by the functional unit manager/designee and in accordance
with the department policy.
(c) Prior to resorting to
the use of firearms against an inmate or other persons, time and circumstances permitting,
an employee shall first issue an appropriate warning to the inmate or other person
in a readily understandable fashion. An appropriate warning may include, but is
not limited to, one or more of the following:
(A) Shouting;
(B) Blowing a whistle;
(C) Hand signals; or
(D) Firing a warning shot.
(d) The discharge of a firearm
will be handled in accordance with the departmental policy. The State Police or
local law enforcement officials shall be notified to investigate any discharge of
a firearm except for training or negligent discharge where injury or significant
property damage has not occurred. The external law enforcement investigation shall
be separate from the full review.
(e) Any employee involved
in the discharge of a firearm in a situation on duty shall immediately report the
incident to the officer-in-charge.
(f) A warning shot is the
least preferred method of warning. It should be used only in situations where other
warning methods are not practical or effective, and when there is a target that
is sufficiently large to minimize the risk of harm to others from a missed shot
or ricochet.
(g) Time and circumstances
permitting, an employee shall attempt to warn an inmate that is observed to be:
(A) Entering or inside a
restricted security perimeter zone;
(B) Tampering with or cutting
security perimeter equipment or fence/wall;
(C) On or climbing a security
fence/wall;
(D) Moving toward any motor
vehicle or airborne craft in an obvious attempt to escape;
(E) Engaged in any other
behavior that is a clear or obvious attempt to escape; or
(F) Engaged in any behavior
that poses serious bodily injury or death to oneself or another person.
Stat. Auth.: ORS 179.040, 423.020, 423.030
& 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: DOC 14-1998, f. &
cert. ef. 6-18-98; Renumbered from 291-013-0090, DOC 15-2004, f. & cert. ef.
11-2-04; DOC 14-2005, f. 10-14-05, cert. ef. 10-24-05; DOC 19-2008, f. & cert.
ef. 8-7-08; DOC 6-2013, f. & cert. ef. 6-21-13; DOC 8-2015(Temp), f. & cert.
ef. 7-9-15 thru 1-4-16; DOC 17-2015, f. & cert. ef. 10-26-15
291-013-0110
Bloodborne Pathogens
When a person has been exposed to blood
or body fluid resulting from the use of force, standard universal precautions shall
be implemented.
Stat. Auth.: ORS 179.040, 423.020, 423.030
& 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: CD 3-1995, f. &
cert. ef. 1-19-95; DOC 14-1998, f. & cert. ef. 6-18-98, Renumbered from 291-013-0075;
DOC 19-2008, f. & cert. ef. 8-7-08; DOC 6-2013, f. & cert. ef. 6-21-13;
DOC 8-2015(Temp), f. & cert. ef. 7-9-15 thru 1-4-16; DOC 17-2015, f. & cert.
ef. 10-26-15
291-013-0120
Injury, Death or Hostage
(1) Whenever an employee's use of force results in the serious injury or death of another, he/she shall be placed on leave until an investigation of the matter by the Inspector General and/or State Police can be concluded.
(2) Whenever an employee has been taken hostage, he/she shall be placed on leave with pay until medical and psychological clearance has been obtained.
(3) Any employee involved in or immediately exposed to a critical incident involving the serious injury, hostage or death of another shall be provided a critical incident stress debriefing.
Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.030

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.030

Hist.: CD 3-1995, f. & cert. ef. 1-19-95; DOC 14-1998, f. & cert. ef. 6-18-98, Renumbered from 291-013-0085; DOC 15-2004, f. & cert. ef. 11-2-04
291-013-0130
Notifications
(1) Whenever force is used, a detailed
written report shall be prepared. The Unusual Incident Report (CD 115) will be used
as the primary document to report all use of force situations.
(2) All employees witnessing
or directly involved in a use of force incident shall individually prepare and submit
a written memorandum describing their involvement and observation regarding the
incident. The memorandum will be attached to the Unusual Incident Report (CD 115).
(3) A Use of Force —
Preliminary Review Summary (CD 1346) will accompany the Unusual Incident Report.
(4) Supervisory notification
and authorization will be obtained prior to a planned use of force.
(5) The appropriate supervisor
shall be notified by the involved employee(s) as soon as possible following a reactive
use of force. The functional unit manager or designee will be notified immediately
following any use of force incident.
(6) The Unusual Incident
Report will be forwarded to the appropriate Institutions Administrator within five
working days of the incident.
Stat. Auth.: ORS 179.040, 423.020, 423.030
& 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: CD 3-1995, f. &
cert. ef. 1-19-95; DOC 14-1998, f. & cert. ef. 6-18-98, Renumbered from 291-013-0095;
DOC 15-2004, f. & cert. ef. 11-2-04; DOC 6-2013, f. & cert. ef. 6-21-13
291-013-0140
Reviews
(1) General:
(a) Whenever staff employs
force in response to an incident involving an inmate, a preliminary review of the
use of force incident shall be conducted in accordance with the procedures established
in these rules.
(b) A full review of a use
of force incident shall be conducted by independent departmental review in accordance
with the procedures established in these rules when requested by the Inspector General,
or when the following circumstances exist:
(A) A person received a serious
physical injury in the course of the use of force incident; or
(B) A firearm was discharged
during the incident, as defined in the firearms section of OAR 291-013-0105.
(c) The Inspector General
may decide if the full review process for the incident requires assembly of a departmental
review team to conduct the full review, or order a separate investigation be conducted
by a special investigator from the Investigations Unit.
(2) Preliminary Review:
(a) The officer-in-charge
shall conduct a preliminary review of all use of force incidents within 48 hours
of the incident.
(b) Staff involved in the
use of force incident shall prepare, assemble and provide to the officer-in-charge
all information and records that are relevant to the incident, including but not
limited to reports, documents, videos, and photographs of involved persons and witnesses.
Staff and/or inmates may be interviewed as necessary to clarify or obtain relevant
information. The officer-in-charge shall review the information and records to ensure
the documentation of the incident is complete.
(c) The officer-in-charge
shall review the documentation for compliance with administrative directives and
prepare a preliminary review report. The officer-in-charge shall forward the preliminary
review report and supporting documentation to the Assistant Superintendent of Security/security
manager, with one of the following recommendations:
(A) In compliance with administrative
directives, requires only a preliminary review; and
(i) No further action is
required; or
(ii) Further corrective action
is required by the functional unit manager or designee to address perceived training,
security, or other operational issues;
(B) In compliance with administrative
directives, but requires a full review; or
(C) Not in compliance with
administrative directives, but requires only a preliminary review because appropriate
corrective action has been taken by the functional unit manager or designee; or
(D) Not in compliance with
administrative directives, and requires a full review.
(d) The Assistant Superintendent
of Security/security manager shall review the preliminary review report and all
supporting documentation and make any necessary modification or additions he/she
deems necessary. The review shall include a preliminary review of the video footage
and all associated reports. The preliminary review report and supporting documentation
shall be forwarded to the functional unit manager.
(e) The functional unit manager
shall review the preliminary review report and all supporting documentation and
make any necessary modification or additions he/she deems necessary. The review
shall include a preliminary review of the video footage and all associated reports.
The functional unit manager shall document all corrective action taken. If the functional
unit manager notes signs of excessive force, he/she shall notify the appropriate
Institutions Administrator directly and provide necessary documents, so that there
is no undue delay in initiating a full review or separate investigation. The functional
unit manager shall make his/her recommendation on the preliminary review and forward
the preliminary review and supporting documentation to the Institutions Administrator.
(f) The Institutions Administrator
shall review the preliminary review report and supporting documentation. The Institutions
Administrator may determine no further review is required. If the Institutions Administrator
determines a full review is warranted, all relevant information will be forwarded
to the Inspector General or designee for further review.
(g) All preliminary review
reports and supporting documentation will be forwarded the Office of Inspector General
for record retention.
(3) Full Review:
(a) When a full review of
a use of force incident is requested by the Institutions Administrator and approved
by the Inspector General or otherwise required under these rules, a departmental
review team shall be assembled to conduct the full review, or a separate investigation
shall be conducted by a special investigator from the Investigations Unit.
(b) The departmental review
team shall include, at a minimum, a representative from Special Investigations assigned
by the Inspector General and a representative from two separate functional units
other than the functional unit in which the incident took place. The functional
unit representatives may include a represented employee. The Special Investigations
representative shall chair the review team and arrange for the appointment of the
review team members in consultation with the functional unit managers.
(c) The departmental review
team shall review the final preliminary review report and all supporting documentation
for compliance with administrative directives.
(d) If any member of the
review team deems it necessary or advisable to have additional staff or inmate interviews
conducted, the review team chair shall arrange for an Investigations Unit employee(s)
to conduct the interview(s).
(e) If the review team chair
determines that a crime may have been committed in the course of the use of force
incident, he/she shall contact the State Police or local law enforcement officials
before arranging for any additional interview(s), to determine if the law enforcement
officials are conducting a criminal investigation regarding the incident, and if
so, whether the additional interview(s) would interfere with the investigation.
(f) If advised that the interview(s)
would interfere with a pending criminal investigation, the interview(s) shall be
postponed until the criminal investigation has been concluded.
(g) Evaluation Report:
(A) After completing the
review process, the review team shall prepare and submit its evaluation report to
the Inspector General within 30 working days following completion of the full review.
(B) The report shall set
forth the departmental review team’s determination whether the actions taken
were in compliance with Department of Corrections administrative directive(s).
(C) If the review team finds
evidence of noncompliance, it shall specify these findings and the rationale upon
which the findings have been based in its report.
(D) The Inspector General
shall review the report for completeness and forward it to the functional unit manager,
appropriate Institutions Administrator, and Assistant Director of Operations for
review and any necessary action.
Stat. Auth.: ORS 179.040, 423.020, 423.030
& 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: CD 3-1995, f. &
cert. ef. 1-19-95; CD 20-1995, f. 10-26-95, cert. ef. 11-1-95; DOC 14-1998, f. &
cert. ef. 6-18-98, Renumbered from 291-013-0105; DOC 15-2004, f. & cert. ef.
11-2-04; DOC 6-2013, f. & cert. ef. 6-21-13

Security Employees Operating In the Community

291-013-0185
General Provisions
(1) An employee performing duties in the community will not participate in any planned use of force situations.
(2) An employee performing duties in the community will immediately contact the local law enforcement agency for a crime in progress or anticipated use of force to allow the law enforcement agency to resolve the situation.
(3) The local law enforcement agency will be the primary agency expected to resolve incidents in the community involving the use of force.
(4) An employee's decision to remain at the scene of a potentially dangerous situation in the community, or to become involved with cooperative efforts with the law enforcement agency will be based on safety and tactical judgments that exclude whether he/she is carrying a firearm.
(5) An employee shall always use the minimum force that is reasonably necessary to protect the employee or another person from bodily harm, or restrain or subdue a resistant inmate, or prevent the escape of an inmate.
(6) Escalation to a higher level of force is permitted only when such a higher level of force is warranted by the actions, apparent intentions, and apparent capabilities of the inmate, suspect, or assailant.
(7) The use of force must be objectively reasonable under all the circumstances known to the employees at the time. The use of force may range from verbal commands to the use of lethal force. If the force other than lethal force reasonably appears to be sufficient to achieve the correctional objective, lethal force shall not be used.
(8) Lethal and non-lethal devices shall be concealed from the general public when and where appropriate. A device should not be inspected or handled in view of the public unless for an operational purpose.
Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.030

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.030

Hist.: CD 3-1995, f. & cert. ef. 1-19-95; DOC 14-1998, f. & cert. ef. 6-18-98; DOC 15-2004, f. & cert. ef. 11-2-04
291-013-0190
Off-Duty Situations
(1) Off-duty employees who observe a crime in progress or a fugitive should immediately contact the local law enforcement agency and allow the law enforcement agency to resolve the situation.
(2) Employees shall avoid using department issued equipment or role status to intervene in use of force situations when off duty; however, the Department of Corrections recognizes employees have citizen arrest powers and the right to intervene in crimes in progress.
Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.030

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.030

Hist.: CD 3-1995, f. & cert. ef. 1-19-95; DOC 14-1998, f. & cert. ef. 6-18-98, Renumbered from 291-013-0115; DOC 15-2004, f. & cert. ef. 11-2-04
291-013-0195
Protective Body Armor
(1) An employee shall wear department-issued body armor whenever the employee is armed, when accompanied by another employee that is armed, or when the employee has a chemical agent spray in the community.
(2) The functional unit manager shall approve any exception to the wearing of body armor.
Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.030

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.030

Hist.: CD 3-1995, f. & cert. ef. 1-19-95; DOC 14-1998, f. & cert. ef. 6-18-98; DOC 15-2004, f. & cert. ef. 11-2-04
291-013-0205
Chemical Agents
(1) Authorization to carry a chemical agent shall be authorized by the functional unit manager if a chemical agent is authorized.
(2) Authorization to carry department issued chemical agents shall be limited to the performance of official duties.
(3) Employees authorized to carry a chemical agent shall carry the chemical agent whenever:
(a) Protective body armor is worn; or
(b) A firearm is carried.
(4) An employee shall only discharge a chemical agent for the following:
(a) To defend himself/herself or another person from an animal attack.
(b) To defend himself/herself or another person from imminent danger.
(c) To enforce a valid order(s) to an inmate to submit to the application of restraints.
Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist.: CD 3-1995, f. & cert. ef. 1-19-95; DOC 14-1998, f. & cert. ef. 6-18-98; DOC 15-2004, f. & cert. ef. 11-2-04; DOC 19-2008, f. & cert. ef. 8-7-08
291-013-0206
Electronic Control Devices
(1) Only agency approved electronic
control devices shall be used.
(2) Use of an electronic
restraint device for court appearances or transportation will be approved by the
functional unit manager or designee.
(3) Medical Considerations:
(a) As soon as feasible following
each use of an electronic control device, the inmate shall be afforded medical examination
and treatment.
(b) An electronic control
device shall not be deployed if there is knowledge that the inmate is pregnant.
(c) If the electronic control
device utilizes probes that penetrate the skin, they shall be removed when the inmate
is under control. If available, medical staff shall remove the probes. Trained security
staff may remove the probes if medical staff are not available.
(d) If probes are embedded
in soft tissue areas such as the head, neck, face and groin removal shall be done
by medical staff only.
(4) Electronic control devices
will not be used in conjunction with aerosol propelled chemical agents.
Stat. Auth.: ORS 179.040, 423.020, 423.030
& 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: DOC 15-2004, f. &
cert. ef. 11-2-04; DOC 19-2008, f. & cert. ef. 8-7-08; DOC 6-2013, f. &
cert. ef. 6-21-13
291-013-0215
Lethal Force
(1) Employees shall consider every reasonable
means of control before resorting to the use of lethal force.
(2) Use of Lethal Force During
Transporting of Inmates: An employee may use lethal force when transporting an inmate(s)
to the extent that an employee reasonably believes it necessary to:
(a) Prevent imminent serious
bodily injury or death to the employee or another person.
(b) Prevent the escape of
an inmate classified as custody Level 3 or higher, of if the inmate is classified
as custody Level 1 and 2 and is being transported with another inmate(s) who has
been classified as custody Level 3 or higher.
(3) Use of Lethal Force When
Supervising Custody Level 1 and 2 Inmates Engaged in Work Crews or Other Approved
Activities in the Community: Supervisors of custody Level 1 and 2 inmates engaged
in work crews or other authorized activities in the community are not authorized
to use lethal force to prevent an escape. Lethal force may be used to prevent imminent
serious bodily injury or death to the supervisor or another person.
(4) Prior to resorting to
the use of lethal force against an inmate or other person, if feasible, the employee
shall give a verbal warning from the imminent use of lethal force.
(5) A warning shot will not
be used in the community before the use of lethal force. Other practical warning
methods will be used, if time and circumstances permit, before using lethal force.
(6) Firearms will not be
fired at or from a moving vehicle or airborne craft, except in self defense or defense
of another from the imminent use of lethal force.
(7) Firearms will not be
used if innocent people are in the line of fire.
Stat. Auth.: ORS 179.040,
423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020,
423.030 & 423.075
Hist.: CD 3-1995, f. &
cert. ef. 1-19-95; DOC 14-1998, f. & cert. ef. 6-18-98; DOC 3-2004(Temp), f.
& cert. ef. 1-27-04 thru 7-25-04; Administrative correction 8-19-04; DOC 15-2004,
f. & cert. ef. 11-2-04; DOC 19-2008, f. & cert. ef. 8-7-08; DOC 6-2013,
f. & cert. ef. 6-21-13
291-013-0225
Notifications
(1) Whenever force is used, a detailed written report shall be prepared. The Unusual Incident Report (CD 115) will be used as the primary document to report all use of force situations.
(2) All employees witnessing or directly involved in a use of force incident shall individually prepare and submit a written memorandum describing their involvement and observation regarding the incident. The memorandum will be attached to the Unusual Incident Report.
(3) A Use of Force -- Preliminary Review Summary (CD 1346) will accompany the Unusual Incident Report.
(4) Supervisory notification and authorization will be obtained prior to a planned use of force. The involved employee shall notify the appropriate supervisor as soon as possible following a reactive use of force. The functional unit manager or designee will be notified immediately following any use of force incident.
Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist.: CD 3-1995, f. & cert. ef. 1-19-95; DOC 14-1998, f. & cert. ef. 6-18-98; DOC 15-2004, f. & cert. ef. 11-2-04
291-013-0235
Reviews
In addition to the requirements of OAR 291-013-0140, use of force reviews shall be required as follows:
(1) A preliminary review is required whenever an employee unholsters a firearm, but does not point the firearm at an individual.
(2) A full review is required whenever an employee unholsters a firearm and points the firearm at an individual.
Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist.: CD 3-1995, f. & cert. ef. 1-19-95; DOC 14-1998, f. & cert. ef. 6-18-98; DOC 15-2004, f. & cert. ef. 11-2-04

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contained in the Administrative Order filed at the Archives Division,
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Read Entire Law on arcweb.sos.state.or.us