Arkansas Administrative Code
Agency 159 - Department of Community Correction
Rule 159.00.17-003 - Use of Force
Universal Citation: AR Admin Rules 159.00.17-003
Current through Register Vol. 49, No. 9, September, 2024
AR 4.9 USE OF FORCE
I.
AUTHORITY. The
Board of Corrections is vested with the authority to promulgate this
administrative regulation by Arkansas law sections
12-27-105,
16-93-1203
and
16-93-1205.
II.
APPLICABILITY. This
regulation 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
offeree 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, byword 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 offeree incidents.
Board Approval Date: 9/22/2017
Reference: Sec. of State 159
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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