Current through Register Vol. 63, No. 9, September 1, 2024
(1) The
functional unit manager or designee will be contacted for authorization of the
planned use of force involving firearms, batons, water hoses, electronic
control devices, specialty impact munitions, and chemical agents other than
aerosol sprays.
(2) Any planned use
of force shall be carried out under the personal direction of supervisory or
higher-level staff, and only after consultation with and approval of the
officer-in-charge. The officer-in-charge may be present when the use of force
is employed if there is no anticipated danger of becoming a hostage.
(a) Chemical agents, electronic control
devices, batons, water force, or specialty impact munitions may be used prior
to the arrival of the supervising employee if immediate use is essential to
prevent and/or control death, serious injury, major disturbance or substantial
destruction of property.
(b) If an
employee is assaulted, the employee will not participate in a planned use of
force, unless no other option is available; e.g., no other employees are
readily available to participate in the planned use of force.
(3) A health care professional
shall be contacted, if on duty at the facility, prior to the planned use of
force to ensure medical assistance is readily available, if necessary, and to
evaluate the adult in custody if the adult in custody is medically high
risk.
(4) Adults in custody
designated as SMI:
(a) If an adult in custody
has been designated as SMI, the officer-in-charge shall consult with a BHS
manager or designee before the planned use of force. If no BHS manager is
on-site, the officer-in-charge will contact Medical Services, if
available.
(b) Based on the
circumstances and if time permits, the BHS manager or designee may evaluate the
adult in custody prior to the application of force.
(5) Every planned use of force situation
shall be videotaped, provided that time and circumstances permit.
(a) The video recording should include a
briefing, the use of force incident, and debriefing. The video recording should
not be stopped during the use of force incident.
(b) The original video recording will be
stored by the functional unit in accordance with the approved retention
schedules from the date of the incident, or the time stored will be extended
until the resolution of pending or actual litigation, or as otherwise directed
by the department's legal counsel.
(c) A back-up video recording will be made
and sent to the Office of the Inspector General. The Office of the Inspector
General will store the back-up tape in accordance with the approved retention
schedule.
(d) Back-up tapes will be
returned to the originating facility for disposition. A use of force video
recording may be released with the approval of the functional unit manager or
designee.
(6) The
commander shall authorize the type and amount of force used during any declared
emergency at a facility except for reactive use of force.
Statutory/Other Authority: ORS
179.040,
423.020,
423.030 &
423.075
Statutes/Other Implemented: ORS
179.040,
423.020,
423.030 &
423.075
