Or. Admin. Code § 291-013-0100

Current through Register Vol. 63, No. 10, October 1, 2024

Section 291-013-0100 - Lethal Force

(1) Employees shall consider every reasonable means of control before resorting to the use of lethal force.

(2) Use of Lethal Force in Medium/Level 3 or Higher Security Facilities: Lethal force may be used when and to the extent that an employee reasonably believes it necessary:

(a) To prevent imminent serious bodily injury or death to one's self or another person.

(b) To prevent escape by an adult in custody from secure custody, whether inside or outside the secure perimeter of a Department of Corrections facility while the adult in custody is on department grounds.

(c) To prevent or stop a riot or other group disturbance by adults in custody where there is reason to believe an adult in custody poses a threat of escape or imminent serious bodily injury or death to another person.

(d) To prevent an unauthorized person(s) or motor vehicle(s) from attempting to breach the secure perimeter of a Department of Corrections facility in order to assist in an escape or insurrection by an adult(s) in custody.

(e) To prevent or stop extensive damage to property if, and only if, its loss or destruction would lead directly to escape or imminent serious bodily injury or death to another person.

(f) To prevent or stop an adult in custody or other person from setting or spreading fire to or within a building within the secure perimeter of a Department of Corrections facility, where there is reason to believe the fire poses a threat of serious bodily injury or death to another person.

(3) Any adult in custody moving toward an unauthorized motor vehicle or airborne craft, whether inside or outside the secure perimeter of the facility, shall be considered to be a potential escape attempt. Shots shall not be fired at an airborne craft in a flight over the perimeter, landing, on the ground, or taking off from the facility except in self-defense to one's self or another person where the situation is a clear and immediate threat to life.

(4) Use of Lethal Force in Stand Alone Minimum Security Facilities/Level 2: Lethal force may not be used to prevent the escape of an adult in custody from a stand-alone minimum security facility.

(5) Use of Lethal Force in Co-Located Minimum Security Facilities/Level 2: Lethal force may not be used to prevent the escape of an adult in custody from a co-located minimum security facility if the staff member knows the adult in custody is classified as minimum custody.

(6) Use of lethal force in community situations; e.g., transport of an adult in custody, supervision of outside work crews, is covered under OAR 291-013-0215.

Or. Admin. Code § 291-013-0100

CD 3-1995, f. & cert. ef. 1-19-95; DOC 14-1998, f. & cert. ef. 6-18-98, Renumbered from 291-013-0155; DOC 3-2004(Temp), f. & cert. ef. 1-27-04 thru 7-25-04; Administrative correction 8-19-04; Renumbered from 291-013-0090; DOC 15-2004, f. & cert. ef. 11-2-04; DOC 14-2005, f. 10-14-05, cert. ef. 10-24-05; DOC 19-2008, f. & cert. ef. 8-7-08; DOC 3-2020, amend filed 01/29/2020, effective 1/31/2020

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075

Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075