PREVIOUS
12 CAR § 60-308. Use of chemical agents and other nonlethal weapons
12 CAR § 60-308. Use of chemical agents and other nonlethal weapons.
(a) Policy.
(1) It shall be the policy of the Division of Correction to ensure that the use of chemical agents and other nonlethal weapons against an inmate be undertaken with a minimum amount of force.
(2) Only when the inmate threatens bodily harm to himself or herself, other inmates, or individuals, will not produce an item or items, or will not relocate, may chemical agents or other nonlethal weapons issued by the division be employed.
(b) Explanation.
(1) Definitions. As used in this section:
(A) “Chemical agents” will include different types of tear gas, pepper fogger, smoke screen mace, and other chemicals approved for use by the Director of the Division of Correction; and
(B) “Other nonlethal weapons” will include batons, stun type devices, and other nonlethal weapons approved for use by the director.
(2) Prior to the use of any chemical agent/other nonlethal weapon (stun type devices), the inmate shall be informed that such will be used unless he or she complies with an order or orders.
(3) The use of any chemical agent or agents/other nonlethal weapons may be authorized only by a unit warden/center supervisor or his or her designee.
(4)(A)(i) Precautionary measures shall be taken to limit side effects or physical damage due to the use of chemical agents or other nonlethal weapons consistent with the guidelines of 16 CAR § 30-302.
(ii) In addition, the following procedures shall be followed whenever any chemical agent or agents/other nonlethal weapon is used.
(B) Chemical agents.
(i)(a) If circumstances allow, ventilation devices, such as windows and fans, shall be readied prior to the use of any chemical agent or agents.
(b) In any event, these devices shall be employed immediately after any chemical agent or agents are used.
(c) The purpose of this procedure is to minimize the effect of any chemical agent or agents upon other inmates and employees located in the immediate vicinity.
(ii) Gas masks shall be available for use by staff personnel at the time the chemical agent is used.
(iii) Correctional officers shall enter the area as soon as practical to remove an inmate when a chemical agent or agents have been used.
(iv)(a) The inmate shall be instructed by staff personnel to flush his or her eyes and any skin exposed to the chemical agent with water.
(b) If the inmate appears incapable of doing so, a member of the medical staff may be called upon to perform this task.
(c) If no member of the medical staff is available, a staff personnel may undertake this procedure.
(C) Other nonlethal weapons.
(i) If circumstances allow, personnel using other nonlethal weapons will try to ensure that an inmate will not be injured.
(ii)(a) Correctional officers shall enter the area immediately after the inmate has been immobilized.
(b) At that time the inmate is to be handcuffed and is to be seen by medical staff.
(c) If no member of the medical staff is immediately available, other trained staff will ensure that the inmate has no medical emergency.
(iii) A departmental SOP will be developed for nonlethal weapons to be used, and necessary training will be concluded before any type of nonlethal weapon is issued for use.
(5)(A) An incident report shall be prepared by all staff personnel involved immediately after the use of a chemical agent or other nonlethal weapons.
(B) The report or reports should be detailed, noting the amount of chemical agent utilized or type and charge of stun device.
(6)(A) The unit warden/center supervisor shall examine these incident reports to ensure that:
(i) Proper procedures were employed; and
(ii) No discrepancy exists regarding the handling of the situation depicted.
(B) Failure to follow proper procedures may result in disciplinary action.
(C) Refer to 12 CAR § 60-305.
(7) Only chemical agents or nonlethal weapons authorized and issued by the Division of Correction will be used by any employee against an inmate during a confrontation described by this section.
This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:
"Section Number: Page Number:
410 1 of 2
Board Approval Date:
8/23/89
Supersedes: Dated:
AR 410 11/30/79
Reference: Effective Date:
8/25/89"