Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 505.00 - Use Of Force
Section 505.08 - Philosophy
Current through Register 1531, September 27, 2024
(1) De-escalation Requirement. It is the Department's philosophy and practice to train staff to attempt to de-escalate any situation involving conflict where the need for use of force may arise. Staff shall attempt to employ de-escalation techniques prior to any use of force. Staff shall only use the amount of reasonable and proportionate force, given the totality of the circumstances, necessary to gain control of an inmate; protect and ensure the safety of all inmates, staff, and others; prevent significant property damage; and ensure institution safety, security, and good order. Force shall never be used as a form of punishment. Staff shall be trained in methods of de-escalation, and instructed that force may only be used as a last resort. By using de-escalation techniques, the Department recognizes that safer alternatives to force may be available, which in turn may prevent injuries to staff and inmates.
(2) Scope. The application of Oleoresin Capsicum (OC) and chemical agents, and use of firearms, electronic control devices, instruments of restraint equipment (when force is used to apply restraints), and canines (when used to physically apprehend, impede, or subdue an inmate) shall constitute a use of force and are therefore subject to 103 CMR 505.00. The Department shall develop internal policies and requirements consistent with 103 CMR 505.00 for the purpose of internal management, establishing administrative procedures, and providing more detailed guidance for employees. The policies are available to the public upon request.