Current through Register 1536, December 6, 2024
Section 924.09 - Use of Force (Required)(1) Written policy and procedure shall govern the use of reasonable force in the following instances: (a) to prevent the commission of a felony, including an escape;(b) to prevent an act which could result in death or serious bodily injury;(c) to defend against physical assaults;(d) to prevent serious damage to property;(e) to prevent or quell a riot or take over of all or part of the facility by an inmate(s);(f) to move an inmate who has refused a proper order by an employee;(g) to apprehend an escaped inmate;(h) to effect the search of an inmate who has refused a proper order by an employee to submit to said search; and,(i) to preserve the overall order and security of the facility or safety of any employee, inmate or visitor.(2) In no event shall physical force be justified as punishment and no employee shall use or permit the use of excessive force.(3) The use of firearms, chemical agents, disorder control equipment, restraint equipment (when used other than as a normal precautions during inmate movement or transportation), and K-9 (when used against persons) shall constitute a use of force and shall be governed in accordance with: (a) firearms - 103 CMR 924.07;(b) chemical agents - 103 CMR 924.07;(c) disorder control equipment - 103 CMR 924.08;(d) restraint equipment 103 CMR 924.12; and(e) canine - 103 CMR 924.10.(4) Written policy and procedure shall provide the reporting requirements for the use of force, and shall include, but not be limited to, the following:(a) the reporting of any use of force to the Sheriff/facility administrator;(b) the submission of a report by the employee prior to the end of the tour of duty unless prevented by extraordinary circumstances such as injury, to include:1. an accounting of events leading up to the use of force;2. precise description of incident and reason for employing force;3. description of type of force used;4. description of observed injuries and treatment given;5. a list of participants and witnesses;(c) a reporting to the parent agency of the incident; and,(d) whenever death occurs in a use-of-force incident, the Sheriff/facility administrator, parent agency, and if appropriate, the District Attorney, shall be immediately notified.