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DEPARTMENT OF CORRECTIONS
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 necessary to overcome a threat, thereby minimizing the risk of injury to the officer and the threat.
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
291-022-0115
Definitions
(1) Chemical Agents: Chemical compounds that when deployed are designed to cause sufficient physiological effect to stop, control or temporarily immobilize 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 Immobilizing Devices (EID): Security equipment designed to stop, control or temporarily immobilize through the use of high voltage, low amperage electric shock
(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 Chief of Community Corrections and has responsibility for managing a state community corrections office within a particular county.
(6) Offender: Any person under supervision who is on parole, post prison supervision, transitional leave, local control and/or probation status.
(7) Officer: Any state parole and probation officer certified as such by the Department of Public Safety Standards and Training
(8) 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.
(9) Physical Injury: Impairment of physical condition or substantial pain.
(10) Planned Use of Force: The use of force in situations where time and circumstances allow for consultation with, and approval by, higher ranking employees, and there is some opportunity to plan the actual use of force.
(11) Reasonable Force: That force which the officer can objectively articulate was reasonable given the active resistance or attempts at evasion by the offender and the facts known at the time by the officer.
(12) 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.
(13) Security Equipment: Firearms, ammunition, chemical agents, restraints and similar devices.
(14) 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.
(15) Security Restraints: Handcuffs, temporary cuffs (flexcuffs), and other similar equipment designed to control a person from injuring himself/herself, others, and to prevent escape.
(16) Show of Force: A demonstration of the current ability to use force, such as the massing of parole and probation officers or other officials.
(17) Totality of the Circumstances: All factors considered. 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 an offender or other person, 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
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.
(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) for 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.: DOC 6-2005, f. & cert. ef. 5-24-05
291-022-0130
General Provisions -- Use of Force
(1) Physical force shall be employed only as a last resort when it reasonably appears that other alternatives are not feasible to the situation. When the use of force is justified, only the degree 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.
(2) An officer shall consider all types and degrees of force available and begin with the lowest type and amount that is reasonable given the totality of the circumstance.
(3) Non-force alternatives, such as talking an offender 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.
(4) 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.
(5) An employee shall use caution prior to exercising the use of force, if time and circumstances permit, and mentally review the following:
(a) Evaluate the situation for the elements of risk;
(b) Report the situation to the supervisor; and
(c) Request additional officers.
(6) 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.
(7) Provoking an offender to justify the use of physical force, or using physical force as punishment or discipline, is prohibited.
(8) First aid and/or medical attention 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.
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
291-022-0140
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) Officers 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 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 6-2005, f. & cert. ef. 5-24-05
291-022-0150
Deadly Use of Force
(1) Officers shall consider every reasonable means of control before resorting to the use of deadly force.
(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
291-022-0160
Security Equipment
(1) Security Equipment:
(a) All security equipment shall require the approval of the Director or designee before being 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) Unless authorized by the local state director or written directive, the carrying or use of personal security equipment is prohibited.
(e) 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 arrestee 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 arrestee 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 an arrestee whom has been placed in restraints as a result of a use of force situation.
(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 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; or
(C) To enforce a valid order(s) to an offender to submit to the application of restraints.
(e) Those affected by a chemical agent shall be permitted to wash their face, eyes and other exposed skin areas, as soon as safely possible after the chemical agent has been used.
(f) 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.
(g) An offender receiving an application of a chemical agent shall be under continuous staff observation for the first ten minutes and thereafter every ten minutes for the next 20 minutes after receiving the application of a chemical agent.
(4) Electronic Immobilizing Device (EID):
(a) Authorization to carry an EID may be granted by the local state director in accordance to Department’s policy on Electronic Immobilizing Devices (Parole and Probation Officers) (50.1.3)
(b) Authorization to carry an EID shall be limited to the performance of official duties.
(c) Use of the EID will be in accordance with these rules.
(5) Mandatory Use: Officers shall carry a chemical agent or an EID 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
291-022-0161
Electronic Immobilizing Device Deployment
(1) The EID may be deployed:
(a) To control a dangerous or violent offender when deadly force does not appear to be justified.
(b) To control an offender when other conventional tactics have been, or will likely be ineffective and when control is needed for the protection of the officer or others.
(c) 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 offender prior to deploying the EID.
(3) The officer will use only the amount of force which reasonably appears necessary, given the facts and circumstances perceived by the officer at the time of the event, to effectively bring an incident under control.
(4) Once the offender is incapacitated or restrained, continued use of the EID is prohibited, unless the officer reasonably believes the offender is a continuing threat.
Stat Auth: ORS 179.040, 423.020, 423.030 & 423.075
Stat 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
291-022-0162
Treatment of Affected Persons
(1) Immediately after deploying the EID on an offender, the officer shall be alert to any indication that the individual needs medical care. This includes being aware of any secondary injuries that may have occurred during the incident.
(2) Probes may be removed by the officer unless embedded in a soft tissue site (face, throat, groin, female breasts). A probe embedded in soft tissue should only be removed by medical personnel.
(3) Monitoring the offender for medical problems shall continue for the time the officer has custody of the offender. Medical assistance shall be summoned as soon as a medical problem is observed.
(4) When custody or care of the offender is transferred, the officer shall inform jail staff or medical personnel of the approximate time the offender was immobilized, the puncture sites of the probes, and the probe size.
(5) Photographs shall be taken of the offender’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
291-022-0170
Firearms
(1) Prior to resorting to the use of firearms against an offender or other persons, time and circumstances permitting, an officer shall first issue an appropriate verbal warning to the offender or other person in a readily understandable fashion.
(2) The discharge of a firearm will be handled in accordance with the department policy on Critical Incident. The State Police or local law enforcement officials shall be notified to investigate any discharge of a firearm for other than training, off duty practice, or accidental discharge where injury or significant property damage has not occurred. This investigation shall be separate from the full review.
(3) 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.
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
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 as described in the department's policy on Bloodborne Pathogens (20.6.7).
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
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 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
291-022-0200
Notifications
(1) Any time an officer unholsters and/or points his/her weapon at another, the local state director will be notified according to procedure. The local state director will notify the Chief 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 or deadly force incident shall individually prepare and submit a written memorandum describing their involvement and observation regarding the incident. The written report will be attached to the Use of Force Report.
(4) The local state director shall make a verbal report to the Chief of Community Corrections as directed.
(5) In cases of serious or life-threatening injury to a person(s) that requires transport to a medical facility:
(a) The appropriate investigatory agency in the jurisdiction shall be immediately contacted.
(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 Chief 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
291-022-0210
Reviews
(1) Full Review:
(a) All incidents involving the discharge of a firearm or serious physical injury shall be reviewed by a special review team consisting of a representative from Special Investigations, the local state director, a DOC -- Community Corrections use of force instructor, and the Chief of Community Corrections or designee.
(b) The special review team will forward an evaluation report to the Inspector General within 30 working days following the completion of their review.
(c) The Inspector General will review the report for completeness and forward it to the Assistant Director of the Transitional Services Unit.
(2) General Review:
(a) All other incidents involving the use of force shall be reviewed as soon as reasonably possible by a general review team consisting of the local state director, an authorized trainer for the use of force, and further designees at the direction of the local state director.
(b) All incidents involving the pointing of a firearm at another shall be reviewed as soon as reasonably possible by the general review team.
(c) The local state director will forward the findings of fact upon completion of the general review to the Chief 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
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