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12 CAR § 70-304. Use of force
12 CAR § 70-304. Use of force.
(a) Purpose. To provide personnel with guidance regarding the use of force.
(b) Applicability. Division of Correction employees and inmates.
(c) Definitions. As used in this section:
(1) “Deadly force” means any force that under the circumstances is readily capable of causing death or serious physical injury;
(2) “Force” means a directed movement or overt action with or without weapons or devices, with the intention of restraining, regaining, or maintaining control of an inmate or inmates;
(3) “Inmate” means any individual in the custody of the Division of Correction; and
(4) “Nondeadly force” means force that, under normal circumstances, will not result in death or serious bodily injury.
(d) Policy.
(1) The Board of Corrections authorizes the use of force only to the extent necessary to:
(A) Maintain order and discipline; and
(B) Ensure the safety of persons and the security of operations.
(2)(A) Force may be used to restrain, regain, or maintain control of an inmate or inmates.
(B) Employees shall use the minimum amount of force necessary to control the situation.
(3) Force may also be used to prevent unauthorized entry into an institution, property, or work area by any person.
(4) Force shall never be used as a means of punishment.
(e) Procedures.
(1) Authorized levels of force.
(A) Force may be used only when necessary to restrain, maintain, or regain control of an inmate or inmates with a minimum of injury to:
(i) Staff;
(ii) Inmates; and
(iii) Others.
(B)(i) The employee must respond with a level of force necessary to control the situation.
(ii) As an inmate’s or inmates’ resistance or force increases or decreases, the amount of force used by the employee should also increase or decrease to a point where control is obtained.
(C) The levels of force may include, but are not limited to, the following:
(i) An officer’s presence;
(ii) Use of chemical agents, irritants, or control devices;
(iii) Nondeadly physical force;
(iv) Deadly force; or
(v) Force otherwise authorized by the Director of the Division of Correction or his or her designee.
(2) Authorized use of force.
(A)(i) Use of approved chemical agents, irritants, and other approved control devices are authorized if the use of nondeadly force is necessary.
(ii) Only employees who have received training approved by the Division of Correction Willis H. Sargent Training Academy shall be permitted to use chemical agents or other control devices.
(B) Nondeadly force may be used in, but not limited to, the following situations:
(i) Preventing escape;
(ii) Preventing injury, including self-injury, to any person;
(iii) Preventing damage to property;
(iv) Preventing the commission of a felony; or
(v) Maintaining order, discipline, and compliance with orders.
(3) Deadly force may be used in the following situations:
(A) To prevent the escape of an inmate unless the correctional officer knows or reasonably should know that the prisoner is charged with or has been convicted of only a misdemeanor, in which case only nondeadly physical force may be used; and
(B) To protect any person from death or serious physical injury.
(4) Reporting procedures/requirements. Specific reports of the use of force are required by administrative rules, administrative directives, and unit standard operating procedures.
(5) Training. Training in the use of force is mandatory for all correctional officers and those employees designated by administrative directives and standard operating procedures.
"Section Number: 409
Page Number: 1 of 3
Board Approval Date: 9/24/96
Supersedes: AR 409
Dated: 2/23/80
Reference:
Effective Date: 10/7/96"
"I. AUTHORITY:
The Board of Correction and Community Punishment (BCCP) is vested with the authority to promulgate this administrative rule by Ark. Code Ann. ss 12-27-105. (Michie Supp. 1995)"
"VII. REFERENCES:
Ark. Code Ann. ss 5-2-613.
VIII. STANDARDS:
American Correctional Association Standards 2-2173 through 2-2176, 2-3158 and
2-3159."