Or. Admin. Code § 291-013-0215

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

Section 291-013-0215 - Lethal Force

(1) Employees shall consider every reasonable means of control before resorting to the use of lethal force.

(2) Use of lethal force during transportation of adults in custody: An employee may use lethal force when transporting an adult(s) in custody to the extent that an employee reasonably believes it necessary to:

(a) Prevent imminent serious bodily injury or death to the employee or another person.

(b) Prevent the escape of an adult in custody classified as custody Level 3 or higher, of if the adult in custody is classified as custody Level 1 and 2 and is being transported with another adult(s) in custody who has been classified as custody Level 3 or higher.

(3) Use of lethal force when supervising custody Level 1 and 2 adults in custody engaged in work crews or other approved activities in the community: Supervisors of custody Level 1 and 2 adults in custody engaged in work crews or other authorized activities in the community are not authorized to use lethal force to prevent an escape. Lethal force may be used to prevent imminent serious bodily injury or death to the supervisor or another person.

(4) Prior to resorting to the use of lethal force against an adult in custody or other person, if feasible, the employee shall give a verbal warning from the imminent use of lethal force.

(5) A warning shot will not be used in the community before the use of lethal force. Other practical warning methods will be used, if time and circumstances permit, before using lethal force.

(6) Firearms will not be fired at or from a moving vehicle or airborne craft, except in self-defense or defense of another from the imminent use of lethal force.

(7) Firearms will not be used if innocent people are in the line of fire.

Or. Admin. Code § 291-013-0215

CD 3-1995, f. & cert. ef. 1-19-95; DOC 14-1998, f. & cert. ef. 6-18-98; DOC 3-2004(Temp), f. & cert. ef. 1-27-04 thru 7-25-04; Administrative correction 8-19-04; DOC 15-2004, f. & cert. ef. 11-2-04; DOC 19-2008, f. & cert. ef. 8-7-08; DOC 6-2013, f. & cert. ef. 6-21-13; 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