Arkansas Administrative Code
Agency 004 - DEPARTMENT OF CORRECTIONS
Division 01 - Division of Community Correction
Rule 004.01.20-014 - Use of Force
Universal Citation: AR Admin Rules 004.01.20-014
Current through Register Vol. 49, No. 9, September, 2024
I. AUTHORITY. The Board of Corrections is vested with the authority to promulgate this administrative rule by Arkansas law sections 12-27-105, 16-93-1203 and 16-93-1205.
II. APPLICABILITY. This rule applies to Arkansas Community Correction (ACC) employees.
III. POLICY. Based on the facts and circumstances perceived at the time, an employee may use the amount of force reasonable to effectively bring a situation under control and protect the lives of the employee and others.
IV. GUIDANCE.
A.
Application of Force in
General. Based on the facts and circumstances perceived at the time, an
employee may use the amount of force reasonable to effectively bring a
situation under control and protect the lives of the employee and others. In no
event is physical force justifiable as punishment. A goal in every encounter is
to minimize injury to everyone involved. However, nothing in this policy
requires an employee to actually sustain injury before applying reasonable
force.
B.
Resistance Control
Continuum. The resistance control continuum, which is taught in use of
force classes, is to be used as a guide along with judgment, discretion and the
concept of "ability, opportunity and jeopardy."
C.
Ability, Opportunity and
Jeopardy. Ability, Opportunity and Jeopardy are factors to be considered
when determining the amount of force necessary.
1. Ability. This refers to the perceived
ability of the aggressor to do harm.
2. Opportunity. This is the distance
relationship between the aggressor and the defender. For opportunity to be
present, the defender must be within usable range of the aggressor's ability.
Opportunity expands as the aggressor's ability increases. The presence of
weapons may extend the opportunity range.
3. Jeopardy. This is the defender's
perception of the aggressor's intent. When the defender reasonably believes
that the aggressor, by word or action, intends to use his ability, the defender
is in jeopardy.
D.
Physical Force. Physical force is any bodily impact, restraint, or
physical confinement, or the threat thereof.
E.
Non-deadly Physical Force.
Non-deadly physical force is physical force that, under the circumstances in
which it is used, is not intended and not reasonably likely to cause death or
serious physical injury.
F.
Deadly Physical Force. Deadly physical force is physical force
that, under the circumstances in which it is used, is readily capable of
causing death or serious physical injury.
G.
Weapons and Security
Equipment. ACC must prepare appropriate staff to function effectively
across the force continuum by providing training and an assortment of security
equipment and firearms authorized by the Director.
H.
Additional Guidance. The
agency must provide appropriate details in an administrative directive to
include documentation and review of use of force incidents.
Board Approval Date: 9/22/2017
Effective Date: 12/15/2017
Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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