Current through Register Vol. 49, No. 9, September, 2024
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)
II.
PURPOSE:
To provide personnel with guidance regarding the use of
force.
III.
APPLICABILITY:
Department of Correction employees and inmates.
IV.
DEFINITIONS:
A.
Force: 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.
B.
Non-Deadly
Force: Force that, under normal circumstances, will not result in
death or serious bodily injury.
C.
Deadly Force: Any force that under the circumstances
is readily capable of causing death or serious physical injury.
D.
Inmate: Any
individual in the custody of the Department of Correction.
V.
POLICY:
A. The Board of Correction and Community
Punishment authorizes the use of force only to the extent necessary to maintain
order and discipline, and to ensure the safety of persons and the security of
operations.
B. Force may be used to
restrain, regain, or maintain control of an inmate or inmates. Employees shall
use the minimum amount of force necessary to control the situation.
C. Force may also be used to prevent
unauthorized entry into an institution, property, or work area by any
person.
D. Force shall never be
used as a means of punishment.
VI.
PROCEDURES:
A. Authorized Levels of Force:
1. Force may be used only when necessary to
restrain, maintain, or regain control of an inmate or inmates with a minimum of
injury to staff, inmate(s), and others.
2. The employee must respond with a level of
force necessary to control the situation. As inmate(s)' 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.
3. The levels of force may include, but are
not limited to, the following:
a. An officer's
presence;
b. Use of chemical
agents, irritants or control devices;
c. Non-deadly physical force;
d. Deadly force; or
e. Force otherwise authorized by the Director
or his designee.
B. Authorized Use of Force:
1. Use of approved chemical agents, irritants
and other approved control devices are authorized if the use of non-deadly
force is necessary. Only employees who have received training approved by the
Department of Correction Training Academy shall be permitted to use chemical
agents or other control devices.
2.
Non-deadly force may be used in, but not limited to, the following situations:
a. Preventing escape;
b. Preventing injury, including self-injury,
to any person;
c. Preventing damage
to property;
d. Preventing the
commission of a felony; or,
e.
Maintaining order, discipline and compliance with orders.
C. Deadly force may be used in the
following situations:
1. 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 non-deadly physical force may be used.
2. To protect any person from death or
serious physical injury.
D. Reporting Procedures/Requirements:
Specific reports of the use of force are required by
Administrative Rules, Administrative Directives, and Unit Standard Operating
Procedures.
E. Training:
Training in the use of force is mandatory for all correctional
officers and those employees designated by Administrative Directives and
Standard Operating Procedures.
VII.
REFERENCES:
Ark. Code Ann.
5-2-613.
VIII.
STANDARDS:
American Correctional Association Standards 2-2173 through
2-2176, 2-3158 and 2-3159.
Board Approval Date: 9/24/96
Effective Date: 10/7/96
