Current through Register 1531, September 27, 2024
(1) The Use
of Force Package, which shall be compiled by the Superintendent or designee,
must be completed and forwarded to the Special Operations Division (SOD) within
20 business days of the date of the incident. In addition, an electronic
notification shall be sent to the Professional Standards Unit. The Use of Force
Package shall include:
(a) A Cover Letter
authored by the Shift Commander;
(b) A Cover Letter authored by the
Superintendent or Division Head, or in their absence a designee (designee for
the purpose of
103
CMR 505.18 shall be a Deputy Superintendent
or Deputy Director);
(c) The
completed Electronic Summary Reporting Form from the Use of Force
Database;
(d) All relevant employee
incident reports reviewed by the Shift Commander;
(e) Video recording(s) (if available),
necessary to assist with determining the reasonableness of a use of force,
which may include video recording(s) before, and/or during a use of
force;
(f) Photographs (if
available); and
(g) Any additional
documentation the Superintendent or Division Head determines is necessary for a
complete review of the incident.
(2) The Shift Commander's Cover Letter shall
include the following:
(a) The date, time,
location, inmate(s), and employee(s) involved (using or witnessing) in the use
of force;
(b) A brief synopsis of
the incident, as summarized through employee written reports, video
recording(s) (when available), and photographs (when available);
(c) Injuries to inmates (if any) and
treatment provided/refused;
(d)
Injuries to employees (if any) and treatment provided/refused;
(e) Decontamination protocols for Chemical
Agents/OC (if applicable);
(f)
Documentation pertaining to a debriefing with employees, to include any
corrective action discussed;
(g) A
statement regarding what the Shift Commander reviewed relative to the use of
force incident; and
(h)
Identification of any discrepancies the Shift Commander believes should be
reviewed further by the Superintendent or Division Head.
(3) The Superintendent's or Division Head's
Cover Letter shall include the following:
(a)
The date, time, location, inmate(s), and employee(s) involved in the use of
force;
(b) A statement regarding
what the Superintendent or Division Head reviewed relative to the use of force
incident;
(c) Documentation
regarding any corrective action taken as a result of the use of force
incident;
(d) Documentation
regarding whether the inmate filed a complaint, the outcome of an inquiry
and/or whether the use of force incident has been submitted for further
investigation via intake (including intake number);
and
(e) Identification of any
discrepancies the Superintendent or Division Head believes should be reviewed
further by the Director of Operational Services.
(4) Upon receipt of a Use of Force package,
the Director of Operational Services shall complete a substantive review of the
Use of Force Package within 90 business days of receipt which will determine if
the Use of Force was:
(a) Reasonable with No
Further Action, where the force used is objectively reasonable and
proportionate considering the totality of the circumstances.
(b) Reasonable with Further Action, where
force used is objectively reasonable and proportionate considering the totality
of the circumstances, but there are components that require additional
attention, e.g., the UOF package was submitted one day late
without an approved extension request. Where the Director of Operational
Services has determined that the Use of Force Package is Reasonable with
Further Action, the Director shall further specify the further action to be
taken.
(c) Excessive, where force
used is not objectively reasonable or proportionate considering the totality of
the circumstances; or
(d)
Administratively Closed, where any of the above findings cannot be made due to
missing information affecting a final determination of reasonableness
(e.g., witness unavailability).
(5) In the event the Director of Operational
Services requires more than 90 business days, they shall submit a Request for
Extension Form to the Deputy Commissioner of the Prison Division. The request
shall state the reason(s) for the request and the expected time of completion.
All approvals/denials shall be included with the Use of Force
Package.
