Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 505.00 - Use Of Force
Section 505.18 - Reporting Requirements for the Use of Force

Universal Citation: 103 MA Code of Regs 103.505

Current through Register 1531, September 27, 2024

(1) After an employee uses force, the Superintendent/designee, or the Division Head/designee shall be notified immediately. In addition, the employee and any witnesses shall submit a comprehensive written report to the Superintendent or the Division Head, as soon as possible, and in no event later than the end of the employee's tour of duty, unless otherwise authorized by the Superintendent/designee or Division Head/designee. Such authorization shall be documented in the Superintendent's/Division Head's Cover Letter. The report shall include the following:

(a) An accounting of the events leading up to the use of force;

(b) The threat perceived by the reporting officer and the need for force as the appropriate response to the perceived threat;

(c) A precise description of the type of force used, amount of force used, and how force was used;

(d) A precise description of any de-escalation technique(s) utilized, and efforts made to temper the severity of the forceful response;

(e) A description of the injuries suffered, if any, and the treatment given, if known, along with attached photographs, if any;

(f) An assessment of the severity of the security problem at issue when force was used;

(g) A description of the inmate's actions that are interpreted by the staff member as resistance; and

(h) A list of all participants and witnesses involved in the incident known to the reporting officer.

The designee for the Superintendent for the purposes of 103 CMR 505.17 shall be either a Deputy Superintendent or the Director of Security. The designee for the Division Head shall be a Deputy Director or Captain.

(2) Once all use/assisted/witness use of force reports have been reviewed and signed-off on by the Shift Commander, which shall be within five business days of the incident, staff shall have the opportunity to review available video recording(s) associated with the use of force. The reports authored before video recording review shall never be re-opened under any circumstances. Staff who wish to clarify or provide additional information shall do so via an addendum to their original incident report.

(3) All reports relating to a use of force, including witness reports, as well as any corresponding audio and video recording(s), shall be reviewed by the Superintendent/designee or Division Head/designee within five business days following receipt, absent exigent circumstances. Any exigent circumstances shall be documented in the Superintendent's/Division Head's Cover Letter. The designee for the Superintendent for the purposes of 103 CMR 505.17 shall be either a Deputy Superintendent or Director of Security. The designee for the Division Head shall be a Deputy Director or Captain. The Superintendent may utilize an additional ten days to obtain further information and to review any other materials which have been completed after the submission of the reports by the Shift Commander to the Superintendent.

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