Illinois Administrative Code
Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
Part 501 - SECURITY
Subpart A - RESORT TO FORCE
Section 501.40 - Justifiable Use of Force
Universal Citation: 20 IL Admin Code ยง 501.40
Current through Register Vol. 48, No. 38, September 20, 2024
a) Force may be used under the following circumstances in accordance with the Unified Code of Corrections (Ill. Rev. Stat. 1991, ch. 38, par. 1003-6-4) [730 ILCS 5/3-6 -4]:
1) To compel compliance with
a lawful order given by an employee to ensure the safety and security of the
facility.
2) To protect oneself or
any other person from physical assaults, injury or death.
3) To prevent escapes from the facility or
from the custody of employees in the community.
4) To apprehend escapeesor offenders charged
with a violation of parole or mandatory supervised releasewithin the
community.
5) To protect State
property or the property of others from unauthorized use, possession, damage or
destruction.
6) To prevent or
suppress a riot, revolt, mutiny or insurrection, or other serious
disturbance.
b) An employee shall be authorized to use deadly force under the following circumstances in accordance with the Unified Code of Corrections (Ill. Rev. Stat. 1991, ch. 38, par. 1003-6-4) [730 ILCS 5/3-6 -4]:
1) When he reasonably believes that such
force is necessary to prevent imminent death or great bodily harm to himself or
any other person.
2) When he
reasonably believes that such force is necessary to prevent an escape of a
committed person or to retake a person who has escaped.
3) To prevent or suppress a riot, revolt,
mutiny or insurrection or during a serious disturbance when there is reason to
believe that a committed person poses an imminent threat of escape, death, or
great bodily harm to another person.
4) When he reasonably believes that such
force is necessary to prevent unauthorized vehicles, aircraft, or persons from
attempting to breach the perimeter fence of the facility in order to assist in
an escape or insurrection by committed persons.
c) Prior to using deadly force:
1) The employee should ensure that no other
reasonable means of intervention are available to prevent death, great bodily
harm or escape.
2) Oral commands
and warning shots shall be used within adult facilities, whenever time and
circumstances permit. Warning shots shall not be fired when there is apparent
danger of injury to an innocent third party.
3) Prior authorization of the use of weapons
within facilities shall be given by the Chief Administrative Officer, whenever
time and circumstances permit.
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