103 Mass. Reg. 505.19

Current through Register 1523, June 7, 2024
Section 505.19 - Use of Force Package
(1) The Use of Force Package, which shall be compiled by the Superintendent or designee, must be completed and forwarded to the Special Operations Division (SOD) within 20 business days of the date of the incident. In addition, an electronic notification shall be sent to the Professional Standards Unit. The Use of Force Package shall include:
(a) A Cover Letter authored by the Shift Commander;
(b) A Cover Letter authored by the Superintendent or Division Head, or in their absence a designee (designee for the purpose of 103 CMR 505.18 shall be a Deputy Superintendent or Deputy Director);
(c) The completed Electronic Summary Reporting Form from the Use of Force Database;
(d) All relevant employee incident reports reviewed by the Shift Commander;
(e) Video recording(s) (if available), necessary to assist with determining the reasonableness of a use of force, which may include video recording(s) before, and/or during a use of force;
(f) Photographs (if available); and
(g) Any additional documentation the Superintendent or Division Head determines is necessary for a complete review of the incident.
(2) The Shift Commander's Cover Letter shall include the following:
(a) The date, time, location, inmate(s), and employee(s) involved (using or witnessing) in the use of force;
(b) A brief synopsis of the incident, as summarized through employee written reports, video recording(s) (when available), and photographs (when available);
(c) Injuries to inmates (if any) and treatment provided/refused;
(d) Injuries to employees (if any) and treatment provided/refused;
(e) Decontamination protocols for Chemical Agents/OC (if applicable);
(f) Documentation pertaining to a debriefing with employees, to include any corrective action discussed;
(g) A statement regarding what the Shift Commander reviewed relative to the use of force incident; and
(h) Identification of any discrepancies the Shift Commander believes should be reviewed further by the Superintendent or Division Head.
(3) The Superintendent's or Division Head's Cover Letter shall include the following:
(a) The date, time, location, inmate(s), and employee(s) involved in the use of force;
(b) A statement regarding what the Superintendent or Division Head reviewed relative to the use of force incident;
(c) Documentation regarding any corrective action taken as a result of the use of force incident;
(d) Documentation regarding whether the inmate filed a complaint, the outcome of an inquiry and/or whether the use of force incident has been submitted for further investigation via intake (including intake number); and
(e) Identification of any discrepancies the Superintendent or Division Head believes should be reviewed further by the Director of Operational Services.
(4) Upon receipt of a Use of Force package, the Director of Operational Services shall complete a substantive review of the Use of Force Package within 90 business days of receipt which will determine if the Use of Force was:
(a) Reasonable with No Further Action, where the force used is objectively reasonable and proportionate considering the totality of the circumstances.
(b) Reasonable with Further Action, where force used is objectively reasonable and proportionate considering the totality of the circumstances, but there are components that require additional attention, e.g., the UOF package was submitted one day late without an approved extension request. Where the Director of Operational Services has determined that the Use of Force Package is Reasonable with Further Action, the Director shall further specify the further action to be taken.
(c) Excessive, where force used is not objectively reasonable or proportionate considering the totality of the circumstances; or
(d) Administratively Closed, where any of the above findings cannot be made due to missing information affecting a final determination of reasonableness (e.g., witness unavailability).
(5) In the event the Director of Operational Services requires more than 90 business days, they shall submit a Request for Extension Form to the Deputy Commissioner of the Prison Division. The request shall state the reason(s) for the request and the expected time of completion. All approvals/denials shall be included with the Use of Force Package.

103 CMR 505.19

Amended by Mass Register Issue 1486, eff. 1/6/2023.