Use Of Force Flashcards
Unnecessary force
The use of force when none is required or appropriate.
Reasonable force
The force that an objective, trained and competent correctional employee, faced with similar facts and circumstances, would consider necessary and reasonable to subdue an attacker, overcome resistance, effect custody, or gain compliance with a lawful order.
Excessive force
The use of more force than is objectively reasonable to accomplish a lawful purpose.
Immediate use of force
The force used to respond without delay to a situation or circumstance that constitutes an imminent threat to security or the safety of persons.
Controlled use of force
The force used in an institution/facility setting, when an inmate’s presence or conduct poses a threat to safety or security and the inmate is located in an area that can be controlled or isolated.
Non-conventional force
Force that utilizes techniques or instruments that are not specifically authorized in policy, procedures, or training. Depending on the circumstances, non-conventional force can be necessary and reasonable; it can also be unnecessary or excessive.
Non-deadly force
Any use of force that is not likely to result in death.
Deadly force
Any use of force that is likely to result in death. Any discharge of a firearm other than the lawful discharge during weapons qualifications, firearms training, or other legal recreational use of a firearm, is deadly force.
CDCR use of force policy
It is the policy of the Department of Corrections and Rehabilitation (CDCR) to accomplish the departmental functions with minimal reliance on the use of force. Employees may use reasonable force as required in the performance of their duties, but unnecessary or excessive force shall not be used.
Use of force options
(1) Chemical agents.
(2) Hand-held batons.
(3) Physical strength and holds. A choke hold or any other physical restraint which prevents the person from swallowing or breathing shall not be used unless the use of deadly force would be authorized.
(4) Less-lethal weapons: A less-lethal weapon is any weapon that is not likely to cause death. A 37mm or 40mm launcher and any other weapon used to fire less-lethal projectiles is a less-lethal weapon.
(5) Lethal weapons: A lethal weapon is any weapon that is likely to result in death. A firearm is a lethal weapon because it is used to fire lethal projectiles.
The CDCR recognizes the sanctity of human life. Therefore, deadly force will only be used when it is reasonably necessary to:
(1) Defend the employee or other persons from an immediate threat of death or great bodily injury.
(2) Prevent an escape from custody.
(3) Stop acts such as riots or arson that constitute an immediate jeopardy to institutional security and, because of their magnitude, are likely to result in escapes, great bodily injury, or the death of other persons.
(4) Dispose of seriously injured or dangerous animals when no other disposition is practical.
What is the Decontamination policy?
Decontamination from Chemical Agents. Any person exposed to a chemical agent shall be afforded an opportunity to decontaminate as soon as practical. If the person refuses to decontaminate, no other action is necessary. If an inmate was exposed in a cell and not removed from the cell where the exposure occurred, in cell decontamination shall be afforded to the inmate, to include but not be limited to:
(A) Health care staff advising the inmate how to self decontami- nate in the cell.
(B) Health care staff monitoring the in-cell inmate at least every 15 minutes for a period not less than 45 minutes.
Use of force
3268
Mechanical means of physical restraint may be used only under the following circumstances:
(1) When transporting a person between locations.
(2) When a person’s history, present behavior, apparent emotional state, or other conditions present a reasonable likelihood that he or she may become violent or attempt to escape.
(3) When directed by licensed health care clinicians, to prevent a person from attempting suicide or inflicting injury to himself or herself.
Mechanical restraints shall not be:
(1) Used as punishment.
(2) Placed around a person’s neck.
(3) Applied in a way likely to cause undue physical discomfort
or restrict blood flow or breathing. e.g., hog-tying.
(4) Used to secure a person to a fixed object except, as a temporary emergency measure. However, a person who is being transported shall not be locked in any manner to any part of the transporting vehicle.
(5) Placed on an inmate during labor, including during transport to a hospital, during delivery, and while in recovery after giving birth, unless circumstances exist that require the immediate ap- plication of mechanical restraints to avoid the imminent threat of death, escape, or great bodily injury, and only for the period during which such threat exists.
