N.Y. Comp. Codes R. & Regs. tit. 7 § 251-1.2

Current through Register Vol. 46, No. 17, April 24, 2024

Section 251-1.2 - Use of physical force

(a) The greatest caution and conservative judgment shall be applied in determining:

(1) whether physical force is necessary; and

(2) the degree of such force that is necessary.

Each employee is personally charged under law and the policies of the department with responsibility for acting in good faith, with reasonable care and upon probable cause.

(b) Where it is necessary to use physical force, only such degree of force as is reasonably required shall be used.

(c) Unless there is an immediate danger to safety, security or property, an employee shall notify the superintendent of any situation where the use of physical force may be or become necessary and shall not attempt to use physical force except in accordance with instructions received from the person designated by the superintendent to take charge of such situation.

(d) An employee shall not lay hands on or strike an inmate unless the employee reasonably believes that the physical force to be used is reasonably necessary: for self-defense; to prevent injury to person or property; to enforce compliance with a lawful direction; to quell a disturbance; or to prevent an escape.

(e) An employee may use a weapon, other than a firearm (e.g., a baton or chemical agent) only when and to the extent that the employee reasonably believes such use is necessary: for self-defense; to prevent a serious assault or gross destruction of property; to quell a disturbance; or, to prevent an escape. Where it is necessary to use such a weapon, the employee should take due care to avoid, to the best of his ability in the circumstances, the infliction of serious physical injury.

(f)

(1) Firearms and deadly physical force shall not be used except as a last resort, and then only in situations where the employee reasonably believes that deadly physical force is necessary:

(i) to defend himself or a third person from what he reasonably believes to be the unlawful use or immediate danger of unlawful use of the kind of physical force that is readily capable of causing death or other serious physical injury;

(ii) to prevent or terminate what he reasonably believes to be the commission or attempted commission of arson; or

(iii) to prevent the escape of an inmate from the correctional facility or from custody while in transit thereto or therefrom.

(2) Where it is necessary to use a firearm, the weapon shall, whenever possible, be used to disable rather than to kill. Before aiming a firearm at any person an employee shall, whenever possible, give due warning, orally, or by firing a shot into the air or in some other readily understandable manner.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 251-1.2