Use Of Force (Community Corrections)

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_200/oar_291/291_022.html
Published: 2015

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

 

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DEPARTMENT OF CORRECTIONS

 

DIVISION 22
USE OF FORCE (COMMUNITY CORRECTIONS)

291-022-0105
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 outline the authority of parole and probation officers in the
use of physical force, firearms, and restraints.
(3) Policy: It is the policy
of the Department of Corrections to authorize the use of physical force when and
to the extent that it is reasonably believed to be necessary as specified in these
rules. Parole and probation officers are authorized to use that amount of force
that is objectively reasonable to overcome a threat, thereby minimizing the risk
of injury to the officer, the threat, and the public.
Stat. Auth.: ORS 179.040, 423.020, 423.030
& 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: DOC 6-2005, f. &
cert. ef. 5-24-05; DOC 10-2013, f. & cert. ef. 10-23-13
291-022-0115
Definitions
(1) Chemical Agents: Chemical compounds
that when deployed are designed to cause sufficient physiological effect to stop,
control or temporarily incapacitate an individual.
(2) Deadly Physical Force:
Physical force that under the circumstances in which it is used is readily capable
of causing death or serious physical injury.
(3) 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
weapon, electronic shield, etc.
(4) Level of Force: The type
of force employed, the degree of that type of force employed, and the circumstances
within which the force is employed.
(5) Local State Director:
A person within the Department of Corrections who reports to the Assistant Director
of Community Corrections and has responsibility for managing a state community corrections
office within a particular county.
(6) Negligent Discharge:
An unintentional discharge cause by an action or event that an employee could and
should have foreseen or prevented.
(7) Offender: Any person
under supervision who is on parole, post prison supervision, transitional leave,
local control and/or probation status.
(8) Officer: Any state parole
and probation officer certified as such by the Department of Public Safety Standards
and Training
(9) Physical Force: The use
of hands, other parts of the body, objects, instruments, chemical devices, firearms,
or other physical methods, for the purpose of overcoming the resistance to lawful
authority.
(10) Physical Injury: Impairment
of physical condition or substantial pain.
(11) Reasonable Force: That
force, which is objectively reasonable, based upon the totality of the circumstances
and the facts known to the officer at the time.
(12) Security Equipment:
Firearms, ammunition, batons, chemical agents, security restraints, electronic control
devices, and similar devices.
(13) 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.
(14) Security Restraints:
Handcuffs, temporary cuffs (flexcuffs), and other similar equipment designed to
control a person from injuring himself/herself, others, and to prevent escape.
(15) Show of Force: A demonstration
of the current ability to use force, such as the massing of parole and probation
officers or other officials.
(16) Threat: Any person resisting
arrest or resisting being lawfully controlled and/or demonstrating the intent, having
the means, and the opportunity to inflict injury, serious physical injury, or death.
(17) Totality of the Circumstances:
With respect to use of force, circumstances include, but are not limited to, comparative
size; physical, emotional, and mental condition; skill level of combatants; nature
of the offense; weapons; and availability of assistance.
(18) Use of Force: Any situation
in which an employee uses physical force against a threat, except those situations
in which security restraints are used in a standard manner for arrest, escort, or
transport.
Stat. Auth.: ORS 179.040, 423.020, 423.030
& 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: DOC 6-2005, f. &
cert. ef. 5-24-05; DOC 28-2008(Temp), f. & cert. ef. 11-25-08 thru 5-22-09;
DOC 7-2009, f. 5-22-09, cert. ef. 5-23-09; DOC 10-2013, f. & cert. ef. 10-23-13

Departmental Procedures

291-022-0125
Applicability of the Rule
(1) All employees who supervise or work
around offenders shall be thoroughly familiar with the departmental procedures of
this rule for guidance and direction in use of force incidents.
(2) 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, 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.: DOC 6-2005, f. &
cert. ef. 5-24-05; DOC 10-2013, f. & cert. ef. 10-23-13
291-022-0130
General Provisions — Use of
Force
(1) Physical force may be employed when
it is reasonable given the situation and the facts known to the officer at the time.
The degree and type of force used shall be objectively reasonable based on the totality
of the circumstances and the facts known to the officer at the time the force is
delivered. Force shall be de-escalated or terminated as soon as practical after
the threat is mitigated and it is safe to do so.
(2) A verbal warning, lawful
order, or a verbal transfer of the use of force decision to the threat should be
made prior to delivering physical force against a threat, if time and circumstances
safely permit the officer to do so.
(3) Immediate use of physical
force is authorized in circumstances in which warnings and other non-force alternatives
are not reasonable or available to the employee.
(4) The goal of any use of
force in a given situation must be to attain a legitimate objective. There are only
two purposes an officer can have in using force. All justifiable uses of force will
fall into one, or both, of these categories:
(a) Defense, and/or
(b) Control.
(5) Provoking a person to
justify the use of physical force, or using physical force as punishment or discipline,
is prohibited.
(6) First aid and/or medical
assistance shall be provided to an injured person as soon as safely possible following
any use of force. This action shall be documented in the Use of Force Report.
(7) Photographs shall be
taken of the individuals injuries as soon as practical and retained as part of the
documentation 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.: DOC 6-2005, f. &
cert. ef. 5-24-05; DOC 10-2013, f. & cert. ef. 10-23-13
291-022-0150
Deadly Use of Force
(1) Officers should consider other reasonable
means of control before resorting to the use of deadly force as time and circumstances
safely permit.
(2) Deadly force may be used
upon the reasonable belief that an officer’s life or safety, or the life or
safety of another, is in imminent danger of death or serious bodily injury, given
the totality of the circumstances known to the officer at the time of his/her action.
Stat. Auth.: ORS 179.040, 423.020, 423.030
& 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: DOC 6-2005, f. &
cert. ef. 5-24-05; DOC 10-2013, f. & cert. ef. 10-23-13
291-022-0160
Security Equipment
(1) Security Equipment:
(a) All security equipment
requires the approval of the Director or designee before being issued and used as
department authorized security equipment.
(b) Security equipment shall
not be issued to or used by an employee who has not been trained in the proper use
of such devices.
(c) Unless authorized by
the Assistant Director for Community Corrections or designee, the carrying or use
of personal security equipment is prohibited.
(d) The local state director
shall authorize the storage and use of security equipment.
(2) Security Restraints:
(a) The standard routine
use of security restraints for arrest, escort or transportation of an offender is
not a use of force within the context of this rule.
(b) The use of security restraints
is authorized to restrict, immobilize, and control the movement of offenders or
for the purpose of officer safety.
(c) An offender shall be
placed in security restraints with their hands behind their back, before and during
transport. Exceptions may exist due to physical and/or medical conditions, at which
point alternative methods may be utilized.
(d) Security restraints shall
be applied consistent with the training and experience of the officer. Restraints
will be checked for tightness and double locked.
(e) Officers shall ensure
that unnecessary pressure is not placed on the offender’s chest, back or neck
while applying restraints. Officers shall maintain close observation of a restrained
offender in order to detect breathing difficulties and/or loss of consciousness.
(f) The officer shall check
at least every 30 minutes and verify the security restraints are not causing injury
or an obvious medical problem for the restrained offender.
(3) Chemical Agents:
(a) Authorization to carry
a chemical agent shall be granted by the local state director.
(b) Authorization to carry
department issued chemical agents shall be limited to the performance of official
duties.
(c) Officers authorized to
carry a chemical agent shall carry the chemical agent or another approved less than
lethal force option whenever:
(A) Protective body armor
is worn;
(B) A firearm is carried;
(C) An arrest is anticipated
or when making an arrest; or
(D) A confrontation with
vicious dogs or other dangerous animals is anticipated.
(d) An officer shall only
discharge a chemical agent for the following:
(A) To defend the officer
or another person from an animal attack;
(B) To defend the officer
or another person from imminent danger;
(C) To enforce a valid order(s)
to a threat to submit to the application of restraints; or
(D) Other circumstances where
it is objectively reasonable given the totality of the circumstances and facts known
to the officer at the time.
(e) When feasible, the officer
shall provide a verbal warning to the threat prior to the discharge of a chemical
agent.
(f) Those affected by a chemical
agent shall be permitted to wash their face, eyes and other exposed skin areas,
as soon as safely practical 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 safely possible after the chemical agent has been used.
(h) A threat who has received
an application of a chemical agent shall be observed for symptoms of an abnormal
reaction while the officer has custody of the threat. Medical assistance shall be
summoned as soon as an abnormal reaction is observed.
(4) Electronic Control Device:
(a) Authorization to carry
an electronic control device may be granted by the local state director.
(b) Authorization to carry
an electronic control device shall be limited to the performance of official duties.
(c) Use of the electronic
control device will be in accordance with these rules.
(5) Mandatory Use: Officers
shall carry a chemical agent or an electronic control device or another approved
less than lethal force option whenever:
(a) Protective body armor
is worn;
(b) A firearm is carried;
(c) An arrest is anticipated
or when making an arrest; or
(d) A confrontation with
vicious dogs or other dangerous animals is anticipated.
Stat. Auth.: ORS 179.040, 423.020, 423.030
& 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: DOC 6-2005, f. &
cert. ef. 5-24-05; DOC 28-2008(Temp), f. & cert. ef. 11-25-08 thru 5-22-09;
DOC 7-2009, f. 5-22-09, cert. ef. 5-23-09; DOC 10-2013, f. & cert. ef. 10-23-13;
DOC 9-2015(Temp), f. & cert. ef. 7-9-15 thru 1-4-16; DOC 16-2015, f. & cert.
ef. 10-26-15
291-022-0161
Electronic Control Device Deployment
(1) The electronic control device may
be deployed:
(a) To control a dangerous
or violent threat when deadly force does not appear to be justified.
(b) On animals, as a deterrent
to aggressive behavior, when the officer believes such aggression may cause injury
to the officer or another person whom is present.
(2) When feasible, the officer
shall provide a verbal warning to the threat prior to deploying the electronic control
device.
(3) Once the threat is incapacitated
or restrained, continued use of the electronic control device is prohibited, unless
the officer believes the threat continues.
Stat. Auth.: ORS 179.040, 423.020, 423.030,
423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030, 423.075
Hist.: DOC 28-2008(Temp),
f. & cert. ef. 11-25-08 thru 5-22-09; DOC 7-2009, f. 5-22-09, cert. ef. 5-23-09;
DOC 10-2013, f. & cert. ef. 10-23-13
291-022-0162
Treatment of Affected Persons
(1) Immediately after deploying the
electronic control device on a threat, the officer shall observe the threat for
symptoms of an abnormal reaction or secondary injuries that may have occurred during
the incident. Observation shall continue for the time the officer has custody of
the individual. Medical assistance shall be summoned as soon as an abnormal reaction
or secondary injury is observed.
(2) Probes may be removed
by the officer unless embedded in a sensitive area (face, throat, groin, female
breasts). A probe embedded in a sensitive area should only be removed by medical
personnel.
(3) When custody or care
of the individual is transferred, the officer shall inform jail staff or medical
personnel of the approximate time the individual was immobilized, the puncture sites
of the probes, and the probe size.
(4) Photographs shall be
taken of the individual’s injuries as soon as practical and retained as part
of the documentation 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.: DOC 28-2008(Temp),
f. & cert. ef. 11-25-08 thru 5-22-09; DOC 7-2009, f. 5-22-09, cert. ef. 5-23-09;
DOC 10-2013, f. & cert. ef. 10-23-13
291-022-0170
Firearms
(1) Prior to resorting to the use of
firearms against any threat, time and circumstances permitting, an officer shall
first issue an appropriate verbal warning.
(2) Any officer involved
in the discharge of a firearm in a situation on duty shall immediately report, by
the quickest means possible, the incident to the local state director. The employee
shall prepare a report as soon as reasonably possible.
(3) The State Police or local
law enforcement officials shall be notified to investigate any discharge of a firearm
unless the discharge was during training, off duty practice, or negligent discharge
where injury or significant property damage did not occur. This investigation shall
be separate from the full review.
Stat. Auth.: ORS 179.040, 423.020, 423.030
& 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: DOC 6-2005, f. &
cert. ef. 5-24-05; DOC 10-2013, f. & cert. ef. 10-23-13; DOC 9-2015(Temp), f.
& cert. ef. 7-9-15 thru 1-4-16; DOC 16-2015, f. & cert. ef. 10-26-15
291-022-0180
Blood Borne Pathogens
When a person has been exposed to a
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.: DOC 6-2005, f. &
cert. ef. 5-24-05; DOC 9-2015(Temp), f. & cert. ef. 7-9-15 thru 1-4-16; DOC
16-2015, f. & cert. ef. 10-26-15
291-022-0190
Injury, Death, or Hostage
(1) Whenever an officer's use of force
results in the serious injury or death of another, he/she shall be placed on administrative
leave until an investigation of the matter by the Inspector General and/or State
Police can be concluded.
(2) Whenever an officer’s
use of force results in the serious injury or death of another, the officer involved
shall be placed on administrative leave until medical and/or psychological clearance
has been obtained.
(3) Any officer 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
& 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: DOC 6-2005, f. &
cert. ef. 5-24-05; DOC 10-2013, f. & cert. ef. 10-23-13
291-022-0200
Notifications
(1) Any time an officer unholsters and/or
points his/her firearm or electronic control device at another, the local state
director will be notified according to procedure. The local state director will
notify the Assistant Director of Community Corrections of the incident.
(2) Any time an officer is
required to use physical or deadly force, the officer shall immediately notify his/her
supervisor and/or local state director.
(3) All employees witnessing
or directly involved in a use of physical force incident shall individually prepare
and submit a use of force report describing their involvement and observation regarding
the incident.
(4) All employees witnessing
or directly involved in a use of deadly force incident shall report the incident.
(5) The local state director
shall make a verbal report to the Assistant Director of Community Corrections.
(6) In cases of serious or
life-threatening injury to a person(s) that requires transport to a medical facility
or where deadly force has been used:
(a) The appropriate investigatory
agency in the jurisdiction shall be immediately contacted by the local state director.
(b) The investigatory agency
can include the Attorney General’s office if a conflict of interest exists.
(6) Prior to any administrative
action, the local state director shall confer with the Assistant Director of Community
Corrections.
Stat. Auth.: ORS 179.040, 423.020, 423.030
& 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: DOC 6-2005, f. &
cert. ef. 5-24-05; DOC 10-2013, f. & cert. ef. 10-23-13; DOC 9-2015(Temp), f.
& cert. ef. 7-9-15 thru 1-4-16; DOC 16-2015, f. & cert. ef. 10-26-15
291-022-0210
Reviews
(1) General:
(a) Whenever staff employs
force in response to an incident, 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.
(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 local state director
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 local state director
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 offenders may be interviewed as necessary to clarify or obtain relevant
information. The local state director shall review the information and records to
ensure the documentation of the incident is complete.
(c) The local state director
shall review the documentation for compliance with administrative directives and
prepare a preliminary review report. The local state director shall forward the
preliminary review report and supporting documentation to the Assistant Director
of Community Corrections 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 local state director 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 oly a preliminary review because appropriate
corrective action has been taken by the local state director; or
(D) Not in compliance with
administrative directives and requires a full review.
(d) The Assistant Director
of Community Corrections shall review the preliminary 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 tape(s) and all associated
reports. If the Assistant Director of Community Corrections determines a full review
is warranted, all relevant information will be forwarded to the Inspector General
or designee for further review.
(3) Full Review:
(a) When a full review of
a use of force incident is requested by the Assistant Director of Community Corrections
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 one separate functional unit
other than the functional unit in which the incident took place. The functional
unit representative 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 offender
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 a 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 Assistant Director
of Community Corrections 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.: DOC 6-2005, f. &
cert. ef. 5-24-05; DOC 10-2013, f. & cert. ef. 10-23-13

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