Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 505.00 - Use Of Force
Section 505.07 - Definitions
Current through Register 1531, September 27, 2024
Administrative Review. Review of use of force matters submitted to the Director of Operational Services, or another designated individual, as determined by the Commissioner.
Ammunition. The projectile(s), along with the casing and primer that can be fired from a firearm.
Business Hours. Monday through Friday, 9:00 A.M. to 5:00 P.M., excluding holidays.
Cell/Area Extraction. A pre-planned, organized process for gaining cell/area entry to remove disruptive or non-compliant inmate(s) utilizing physical force.
Cell/Area Extraction Team. A team of staff members who have been trained in Cell/Area Extractions. If necessitated by the number of inmates in a cell or area, the Shift Commander may increase the number of staff members necessary for the team.
Chemical Agent. A chemical compound designed to secure inmate compliance with orders, that may cause tearing of the eyes, and involuntary eye closure.
Chief of the Office of Investigative Services. A senior level manager who reports to the Assistant Deputy Commissioner of Field Services, and whose duties include, but are not limited to the management of the Office of Investigative Services.
Chief of the Professional Standards Unit. A senior level manager under the direction of the Commissioner whose duties include, but are not limited to, the management of the Professional Standards Unit.
Chlorobenzylidene Malononitrile (CS). A chemical agent commonly referred to as "tear gas" which is designed to be an irritant agent that can be deployed in several forms, including but not limited to canisters and aerosols.
Commissioner. The Commissioner of the Massachusetts Department of Correction.
Contraindication. A documented medical condition which may present an unreasonable hazard to the health or safety of an inmate if chemical agents are used.
Debriefing. A discussion facilitated by the Shift Commander after a use of force focused on gaining understanding and insight regarding specific actions taken during the use of force.
De-escalation. Use of proactive tactics, communication skills, and other interventions with the goals of achieving voluntary compliance and the reduction or elimination of the need to use force. De-escalation techniques may include verbal persuasion, warnings, slowing down the pace of an incident, waiting out a person, creating distance between a correction officer and a threat, and requesting additional resources to resolve a situation.
Department. The Massachusetts Department of Correction.
Deputy Commissioner of the Prison Division. The executive staff person who reports to the Commissioner, and whose duties include, but are not limited to, the management of Assistant Deputy Commissioner(s) of the Prison and Field Services Divisions.
Director of Operational Services. The Department staff person responsible for the daily operations of the Special Operations Division and Inmate Transportation/Vehicle Maintenance Unit.
Division Head. The administrative head of each of the following units:
(a) The Office of Investigative Services;
(b) The Division of Staff Development;
(c) The Inmate Transportation/Vehicle Maintenance Unit;
(d) The Special Operations Division;
(e) The Central Inmate Disciplinary Unit; and
(f) The Community Work Crew Division.
Division of Staff Development. The office, under the Deputy Commissioner of Career and Professional Development, responsible for employee training.
Duty to Intervene. An employee's responsibility to intervene to the extent possible when they reasonably believe they are observing another staff member using excessive force. Employees shall intervene to the extent possible, based upon the totality of circumstances, to stop the use of excessive force.
Electronic Control Devices (ECD). A device that uses electricity to override voluntary motor responses or applies pain in order to gain compliance or overcome resistance. ECDs are designed to incapacitate without causing serious physical injury or death.
Emergency. Any situation where the failure of an individual to take immediate action would place that individual or another at imminent risk of death or serious bodily injury.
Employee. An employee/staff member of the Department of Correction. For the purposes of 103 CMR 505.00 only, employee shall also refer to individuals paid for services performed within a correctional institution for or through a contracted service or agency.
Excessive Force. Force applied that exceeds objectively reasonable force, or force which was reasonable and/or proportionate at the time its use began but was then used beyond the need for its application.
Exigent Circumstances. Circumstances that create an unacceptable risk to the safety of any person.
Firearm. A pistol, revolver, or other weapon of any description, loaded or unloaded, from which ammunition can be fired. Electronic Controlled Devices, Pepper Ball and Specialty Impact Munitions are explicitly excluded from this definition.
Force. The imposition of one's physical will upon another person to compel, restrain, protect, impede or otherwise subdue a person.
Joint Triage Committee (JTC). A Committee consisting of the following individuals or their designee: Chief of Staff, Chief of the PSU, Director of the Policy Development and Compliance Unit (PDCU), Director of the Division of Staff Development (DSD), Director of Operational Services, and the responsible Assistant Deputy Commissioner (for the purpose of the JTC, only an ADC or higher may be considered as an ADC's designee).
Impartial Staff Member. Preferably a staff member trained in crisis intervention and de-escalation techniques; however, may be any staff member who is not immediately involved in the use of force who engages an inmate in de-escalation/dialogue in an attempt to gain voluntary compliance and avoid the use of force.
Inmate. For the purposes of 103 CMR 505.00 only, an individual confined at or committed to a correctional institution, excluding patients admitted to the Bridgewater State Hospital and the Massachusetts Alcohol and Substance Abuse Center.
Institution Duty Officer. A rotating staff person assigned specific duties as institution duty officer by the Superintendent, usually assigned for a two-week period.
Instruments of Restraint. Equipment authorized for use to prevent escape, during the transportation of inmates, or to prevent injury to self, others, or property. Instruments of Restraint shall include, but not be limited to: handcuffs, waist chains, leg restraints, soft restraints, flexible restraints, or any other device or equipment authorized by the Commissioner.
K-9 Unit. A unit consisting of canines and a K-9 Handler. Canines as used in this CMR, does not include any canine that is used for programming and/or therapy purposes.
Medical Director. Physician designated by the Contractual Medical Provider with supervisory authority for health services and medical judgments at each Department institution.
Objectively Reasonable. For the purpose of 103 CMR 505.00, objectively reasonable is the review standard applied to each use of force. This means that, the force is reasonable and proportionate given the totality of the circumstances. In determining the necessity for and appropriate level of force, reviewers shall evaluate each situation in light of the known circumstances to the staff member using force, including, but not limited to, the seriousness of the infraction, the level of threat or resistance presented by the inmate, and the danger to staff members, inmate and/or community. The reasonableness of a particular use of force must be judged from the perspective of a reasonable staff member on scene. Determining reasonableness of force must allow for the fact that staff members are forced to make split second judgments in circumstances that are tense, uncertain, and rapidly evolving.
Office of Investigative Services (OIS). The office, under the Office of the Deputy Commissioner of Field Services Division, which provides centralized investigative support and services throughout the Department.
Officer in Charge. Ranking staff member who assumes control and supervisory responsibilities of all staff at a scene. If no supervisor is present, the correction officer with the most seniority shall be designated as the Officer in Charge.
Oleoresin Capsicum (OC). OC is a natural, oily resin derived from capsicums and designed to be an inflammatory agent that can be deployed in several forms, including but not limited to canisters, aerosols, and projectiles. OC is designed to cause tearing of the eyes, and involuntary eye closure
Planned Use of Force. A planned use of force is the extraction of an inmate from a cell, exercise yard, or other area where the inmate presents no immediate threat to staff.
Professional Standards Unit. The investigative unit under the direction of the Commissioner which is responsible for investigating allegations of staff misconduct.
Qualified Mental Health Professional. Treatment providers who are psychiatrists, psychologists, psychiatric social workers, psychiatric nurses, and others who by virtue of their education, credentials and experience are permitted by law to evaluate and care for the mental health needs of inmates.
Qualified Healthcare Professional. Professionals include physicians, advanced practitioners, nurses, dentists, and others who by virtue of their education, credentials, and experience are permitted by law to evaluate and care for inmates.
Reasonable Force. The amount of force that is proportionate to subdue an attacker, protect another person, overcome resistance, effect custody, or gain compliance with a lawful order, given the totality of the circumstances as experienced by an objective, trained, and competent correctional employee, faced with particular facts and circumstances.
Serious Bodily Injury. Any injury which creates a substantial risk of death or any injury which is likely to cause serious permanent disfigurement, or the loss or extended impairment of any limb, organ, or other part of the body.
Shift Commander. The staff member responsible for the supervision of all security staff during a given tour of duty, ensuring that staff maintain the safety and security of the institution, and provide for the care and custody of all inmates housed within the institution, in accordance with all Department policy statements, bulletins, directives, orders, notices, rules, and/or regulations. The Shift Commander may also be responsible for institutional operations during the absence of higher-ranking staff.
Specialty Impact Device. Any device or munitions authorized by the Commissioner designed to deliver enough energy to cause sufficient discomfort to gain voluntary compliance, mental distraction, or temporary incapacitation.
Spontaneous Use of Force. A spontaneous use of force occurs when there is an immediate need to control or restrain a person for the protection and safety of all concerned.
Superintendent. The chief executive officer of a Department of Correction institution.
Team Leader. A staff member, preferably of supervisory rank, assigned to supervise a Cell/Area Extraction team and is responsible for giving all verbal commands to the team and inmate, briefing the team, and deployment of lachrymatory agents.
Use of Force Pyramid. A visual training tool used to assist staff in assessing situations to determine perceived circumstances, perceived subject actions, and reasonable officer response(s). The Department shall maintain a Use of Force Pyramid consistent with that used by the Massachusetts Municipal Police Training Committee.
Video Operator. A staff member trained in the operation of video recording equipment who is responsible for recording all aspects of a Cell/Area Extraction.
