Or. Admin. Code § 291-013-0104

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

Section 291-013-0104 - Security Equipment

(1) General Provisions:

(a) The Institutions Administrator will review all security equipment. The Director or designee shall approve all security equipment before it is issued and used as department authorized security equipment.

(b) Only department authorized and/or issued equipment shall be used to apply physical force to individuals.

(c) Security equipment shall not be issued to or used by an employee who has not been trained in the proper use of such devices.

(d) The above three sections (a) - (c) apply to all use of force incidents except for situations that require reactive use of force where there is a clear and imminent threat of death or great bodily injury, and where there is no other reasonable alternative.

(e) The storage and use of security equipment will be authorized by the Director through the appropriate functional unit manager.

(2) Security Restraints - General Use of Restraints:

(a) Security restraints are authorized to restrict, immobilize, and control the movement of an adult in custody.

(b) The routine use of security restraints is not a use of force within the context of these rules. Routine use of security restraints may include, but are not limited to, escorts or transportation of an adult in custody, and the use of out-of-cell restraints and secure program chairs. Circumstances in which an adult in custody has refused to be placed in security restraints, or has resisted after being placed in restraints, are considered use of force within the context of these rules.

(c) The use of out-of-cell restraints may be approved by the functional unit manager or designee when an adult in custody has a demonstrated history of staff assault or significant destruction of property. The use of out-of-cell restraints will be reviewed by the appropriate unit multi-disciplinary team at least weekly and the order will be discontinued by the functional unit manager or designee as appropriate.

(3) Restricting Movement:

(a) Security restraints may be used to restrain an adult in custody with the express approval of the officer-in-charge, upon a demonstration that the adult in custody is out of control and engaged in behavior which, if unrestrained could:

(A) Result in significant destruction of property;

(B) Constitute a serious health or injury hazard to the adult in custody or others; or

(C) Escalate into a serious disturbance.

(b) Security restraints used to restrain an out-of-control adult in custody shall be terminated when the adult in custody has demonstrated behavior which would not result in the above three sections (A) - (C).

(c) Placing an adult in custody in security restraints or a restraint chair shall be considered a use of force within the context of these rules, except when placing an adult in custody in handcuffs/restraints for transportation or escort.

(d) Security restraints will not be placed around the neck or head, nor in any manner that restricts blood circulation or breathing.

(e) The hogtie method will not be used as a security restraint.

(f) Employees in general shall ensure that unnecessary pressure is not placed on the adult in custody's chest, back or neck while applying restraints. Employees shall maintain close observation of a restrained adult in custody in order to detect breathing difficulties or loss of consciousness.

(g) While using the prone restraint position when the correctional objective is met, the adult in custody should be placed on their side or moved into a sitting position as soon as feasible. Employees will assess the adult in custody's physical condition.

(h) Restrained adults in custody will never be transported on their stomach.

(i) An employee shall check at least every 30 minutes and verify security restraints are not causing obvious injury or an obvious medical problem when an adult in custody has been placed in restraints as a result of a use of force situation. Each check of the restraints will be documented. A copy of the documentation shall accompany the unusual incident report.

(j) The officer-in-charge shall evaluate the need to restrain an out-of-control adult in custody every two hours with written documentation for the reason(s) to continue or discontinue security restraints or restraint chair. The documentation shall accompany the use of force review documentation.

(k) The officer-in-charge will notify a health care professional immediately upon the application of security restraints or restraint chair.

(l) The health care professional, when notified, will perform the following:

(A) Evaluate the adult in custody's condition to verify the security restraints are not causing injury or an obvious medical problem;

(B) Evaluate the adult in custody's mental status and notify a qualified mental health professional, if necessary;

(C) Consider treatment or intervention as an alternative, or in conjunction with security restraints;

(D) Document the results of the evaluation; and

(E) Physically re-evaluate sections (A) - (D) above every two hours.

(m) Use of security restraints or restraint chair to restrain an out-of-control adult in custody will be documented and reported by the officer-in-charge to the functional unit manager or designee. The documentation shall accompany the use of force review documentation.

(n) Continued use of security restraints applied for a time period longer than eight hours, and every eight hours thereafter, shall require the written approval of the functional unit manager or designee in addition to the requirements of sections (j), (k), and (l) above.

(o) Continued use of the restraint chair for a time period longer than two hours, and every two hours thereafter, shall require the written or verbal approval of the functional unit manager or designee in addition to the requirements of sections (j), (k), and (l) above. The use of the restraint chair shall not exceed ten consecutive hours.

(p) Continued use of the restraint chair for a time period longer than two hours, and every two hours thereafter, during the transporting of an adult in custody shall require the verbal approval of the functional unit manager or designee. The use of the restraint chair shall not exceed ten consecutive hours during transport.

(A) The officer-in-charge of the transport shall ensure that observation of the adult in custody is maintained and documented on the Trip Documentation Sheet every 30 minutes. The officer-in-charge shall ensure that the adult in custody is evaluated by a health care professional once the final destination is reached.

(B) Placing an adult in custody in the restraint chair shall be considered a use of force within the context of these rules, except when the restraint chair is being utilized as additional seating for adults in custody during transfers.

(q) Therapeutic Restraints: The documentation, application, and use of therapeutic restraints will not be considered a use of force situation but shall be in accordance with the department's rule on Therapeutic Restraints (OAR 291-071). Therapeutic restraints will be:

(A) Applied to an adult in custody only for medical or mental health treatment to limit the adult in custody's movement; and

(B) Applied to an adult in custody only upon the documented verbal or written order of a physician, except in the absence of a physician, a registered nurse may authorize the application of therapeutic restraints for a period not to exceed one hour.

(4) Chemical Agents, Electronic Control Devices, Batons, Water Force and Specialty Impact Munitions:

(a) The use of chemical agents other than aerosol spray, electronic control devices, batons, water force, and specialty impact munitions shall be authorized only by the functional unit manager or designee. The decision to use chemical agents, electronic control devices, batons, water force, and specialty impact munitions shall be based on the level of force that, in the judgment of the functional unit manager or designee, is most likely to resolve the situation with the least amount of injury to all parties involved.

(b) The use of chemical agents, electronic control devices, batons, water force, and specialty impact munitions may be used to subdue an adult in custody when the level of physical hands-on force required to subdue the adult in custody would potentially subject the employee, adult in custody or others to greater injury than would be incurred through the use of this security equipment.

(5) Use of Chemical Agents:

(a) The amount and type of chemical agent used and the means of dispersal shall be limited to that which is necessary to achieve the correctional objective and be used in accordance with the manufacturer's instructions and departmental training.

(b) Prior to the use of any chemical agent, and where time and circumstances permit, the adult in custody against whom it is directed shall be warned chemical agents will be used.

(c) If possible, a chemical agent shall not be used against an adult in custody known to suffer cardio-vascular, convulsive or respiratory ailments.

(d) An employee recently assaulted by an adult in custody shall not approve or apply chemical agents to the particular adult in custody, unless there is no reasonable alternative.

(e) An adult in custody shall not be restrained or held for the sole purpose of rendering the adult in custody as a stationary target for a chemical agent. If chemical agents are administered to a handcuffed adult in custody, staff shall document the reason why the removal of the handcuffs was not feasible.

(f) Those affected by a chemical agent shall be permitted to wash their face, eyes, and other exposed skin areas, as soon as possible after the chemical agent has been used.

(g) Those exposed to a chemical agent in a closed area shall be permitted to move to an unaffected area as soon as possible after the chemical agent has been used.

(h) An adult in custody receiving a direct application of a chemical agent shall be under continuous staff observation for the first ten minutes.

(i) Clothing exposed to a chemical agent shall be removed as soon as feasible and clean clothing made immediately available.

(j) An adult in custody receiving a direct application of a chemical agent shall be examined by a health care professional as soon as feasible after the chemical agent has been used.

(A) The adult in custody shall then be observed approximately every ten minutes for the first 30 minutes after receiving the application of a chemical agent.

(B) All observations shall be documented with a date and time reference.

(C) The documentation shall accompany the use of force review documentation.

(k) An adult in custody receiving a direct application of a chemical agent shall be offered a shower as soon as time and circumstance allows.

(A) Staff shall document the date and time the shower was offered to the adult in custody, and any refusal to shower by the adult in custody.

(B) The documentation shall accompany the use of force review documentation.

(6) Use of Electronic Control Devices:

(a) Only agency approved electronic control devices shall be used.

(b) Medical Considerations:

(A) As soon as feasible following each use of an electronic control device, the adult in custody shall be afforded medical examination and treatment.

(B) An electronic control device shall not be deployed if there is knowledge that the adult in custody is pregnant.

(C) If the electronic control device utilizes probes that penetrate the skin, the probes shall be removed when the adult in custody is under control. Medical staff, if on duty at the facility, shall remove the probes. Trained security staff may remove the probes if medical staff are not available or are unfamiliar with probe removal.

(D) If probes are embedded in soft tissue areas such as the head, neck, face and groin, removal shall be done by medical staff only.

(c) Electronic control devices will not be used in conjunction with aerosol propelled chemical agents.

(d) Prior to the deployment of an electronic control device, the supervisor and person assigned to be the operator shall have attended the approved departmental training on the operation and protocol associated with its use.

(7) Use of Specialty Impact Weapons:

(a) Specialty impact munitions are intended as a less lethal alternative to the use of deadly force. Use of specialty impact munitions shall be authorized by the functional unit manager or designee prior to deployment.

(b) After each use of specialty impact munitions, exposed adults in custody shall be examined by Health Services personnel.

(8) Firearms:

(a) The functional unit manager or designee will authorize the location and carrying of a department issued firearm on the grounds of a facility.

(b) A Transportation Unit officer or facility correctional officer may carry a firearm in the performance of their duties as authorized by the functional unit manager or designee and in accordance with the department policy.

(c) Prior to resorting to the use of firearms against an adult in custody or other persons, time and circumstances permitting, an employee shall first issue an appropriate warning to the adult in custody or other person in a readily understandable fashion. An appropriate warning may include, but is not limited to, one or more of the following:

(A) Shouting;

(B) Blowing a whistle;

(C) Hand signals; or

(D) Firing a warning shot.

(d) The discharge of a firearm will be handled in accordance with the departmental policy. The State Police or local law enforcement officials shall be notified to investigate any discharge of a firearm except for training or negligent discharge where injury or significant property damage has not occurred. The external law enforcement investigation shall be separate from the full review.

(e) Any employee involved in the discharge of a firearm in a situation on duty shall immediately report the incident to the officer-in-charge.

(f) A warning shot is the least preferred method of warning. It should be used only in situations where other warning methods are not practical or effective, and when there is a target that is sufficiently large to minimize the risk of harm to others from a missed shot or ricochet.

(g) Time and circumstances permitting, an employee shall attempt to warn an adult in custody that is observed to be:

(A) Entering or inside a restricted security perimeter zone;

(B) Tampering with or cutting security perimeter equipment or fence/wall;

(C) On or climbing a security fence or wall;

(D) Moving toward any motor vehicle or airborne craft in an obvious attempt to escape;

(E) Engaged in any other behavior that is a clear or obvious attempt to escape; or

(F) Engaged in any behavior that poses serious bodily injury or death to oneself or another person.

Or. Admin. Code § 291-013-0104

DOC 14-1998, f. & cert. ef. 6-18-98; 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 6-2013, f. & cert. ef. 6-21-13; ; DOC 8-2015(Temp), f. & cert. ef. 7-9-15 thru 1-4-16; DOC 17-2015, f. & cert. ef. 10/26/2015; DOC 12-2017, f. & cert. ef. 6/22/2017; 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