Or. Admin. Code § 291-013-0065

Current through Register Vol. 63, No. 12, December 1, 2024

Section 291-013-0065 - General Provisions - Use of Force

(1) Employees are authorized to apply physical force when and to the degree that it reasonably appears necessary. Use of force will be authorized to maintain legitimate correctional objectives:

(a) For self-defense or defense of another person against an adult in custody by using reasonable force;

(b) To prevent the escape of an adult in custody from secure custody;

(c) To prevent the escape of an adult in custody during transportation;

(d) To prevent or stop the serious destruction of property;

(e) To quell a disturbance;

(f) To overcome an adult in custody's physical resistance to a valid order; or

(g) To prevent an adult in custody from injuring or killing themself or other persons.

(2) Physical force shall be employed when it reasonably appears that other alternatives are not feasible to the situation. When the use of force is justified, only the amount and type of force that reasonably appears necessary to accomplish the authorized objective shall be used. Force shall be de-escalated or terminated as soon as possible consistent with resuming and maintaining control of the situation.

(a) An employee shall consider all types and amounts of force available and begin with the lowest type and amount that is reasonable given the specifics of the situation.

(b) Non-force alternatives, such as talking an adult in custody into compliance, giving a warning, verbal command or demonstrating a show of force, should be used before actual physical force, if time and circumstances permit.

(c) Immediate use of physical force is authorized in circumstances in which warnings and other non-force alternatives, such as talking an adult in custody into compliance, are not reasonable or available to the employee.

(d) Employees may use physical force, to include control and compliance holds and hand-to-hand physical techniques, to restrict, immobilize, and attain control of the resisting adult in custody.

(e) Both the carotid hold and choke hold are prohibited except in self-defense or defense of another where there is no reasonable alternative and where the situation is a clear and immediate threat to life.

(3) Prior to the use of force when time and circumstances permit, the employee will warn the adult in custody that force will be used if they do not immediately comply with staff orders.

(4) An employee will exercise caution before the use of force, if time and circumstances permit, by performing the following:

(a) Evaluate the situation for the elements of risk;

(b) Report the situation to master control or a supervisor; and

(c) Work with a backup employee, preferably with the direct observation of a supervisor.

(5) Use of force and subsequent restraints shall be used only for restraint and not for punishment.

(6) Intentional verbal harassment or public humiliation to provoke an adult in custody into a position that would justify the use of force is prohibited.

(7) Nothing in these rules is intended, or should be interpreted, as preventing an employee from taking reasonable measures to protect themself, to protect the lives of others, stop disturbances or escapes, or prevent serious destruction of state property.

Or. Admin. Code § 291-013-0065

CD 3-1995, f. & cert. ef. 1-19-95; CD 20-1995, f. 10-26-95, cert. ef. 11-1-95; DOC 14-1998, f. & cert. ef. 6-18-98; DOC 15-2004, f. & cert. ef. 11-2-04; DOC 14-2005, f. 10-14-05, cert. ef. 10-24-05; DOC 3-2020, amend filed 01/29/2020, effective 1/31/2020

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

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