Tn Doc Use of Force Policy 2009
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ADMINISTRATIVE POLICIES AND PROCEDURES State of Tennessee Department of Correction Approved by: George M. Little Index #: 506.07 Page 1 of 7 Effective Date: October 15, 2009 Distribution: B Supersedes: 506.07 (11/1/06) PCN 07-18 (5/1/07) Subject: USE OF FORCE/SECURITY DEVICES I. II. AUTHORITY: TCA 4-3-603, TCA 4-3-606, and TCA 41-24-110. PURPOSE: To establish uniform procedures governing the use of force and security equipment. III. APPLICATION: All employees of the Tennessee Department of Correction (TDOC) and privately managed facilities. IV. DEFINITIONS: V. VI. A. Commissioner’s Designee (CD): TDOC employee(s) authorized by the Commissioner to serve as the approving authority for specific actions occurring at privately managed facilities. In the absence of the CD, the contract monitor (CM) assigned to that facility will serve that function. In the absence of both the CD and CM at privately managed facilities, the necessary notification/request for authorization will be made by telephone to the CD. If the CD is not reachable via phone, the CM will be contacted. If both the CD and CM are unavailable by telephone, the ranking shift officer at Turney Center Industrial Prison (TCIX) shall be contacted for required authorizations or notifications. B. Escort: For purposes of this policy only, escort is the movement of any inmate to a location outside the secure confines of a facility. C. Four-point Restraint: Leather (or similar, pliable materials) cuffs that encircle the wrists and ankles and fasten to a stationary platform and/or seat, which restrain all four limbs simultaneously , and which heavily restricts movement. (A type of therapeutic restraint) POLICY: The use of physical force shall be restricted to instances of justifiable self-defense, protection of others, protection of property, prevention of escapes, and to ensure compliance with lawful orders, and then only as a last resort and in accordance with procedures outlined in this policy. PROCEDURES: A. Physical Handling 1. The first level of force available to a correctional officer is the employment of his/her hands. Physical handling is justified to subdue unruly inmates, to separate participants in a fight, to engage in self-defense, and to defend staff, inmates, or other persons. It may also be employed to move inmates who fail to comply with lawful orders. 2. As with the use of any type of force, the amount of physical handling shall only be as much as is reasonable and necessary under the circumstances. Effective Date: October 15, 2009 Subject: Index # 506.07 Page 2 of 7 USE OF FORCE/SECURITY DEVICES B. Short/Long Batons and Electronic Restraint Devices 1. When the degree of force that can be applied by physical intervention alone is inadequate, additio nal force may be exerted. The short/long baton may be used to separate brawling inmates, quell violence, or for the defense of staff or inmates. 2. The Warden shall designate safe and secure areas for the storage of short/long batons that will allow for rapid accessibility for use in each housing or program area should the need arise. (See Policy #506.04 and privately managed facilities refer to TDOC approved corporate policy) 3. Short/long batons shall not be routinely issued or carried, and their use shall only be authorized by the Warden, or per succession roster or shift supervisor in emergencies. Privately managed facilities shall obtain the approval of the Commissioner’s Designee prior to the use of batons. 4. The Warden/designee (Commissioner’s designee at privately managed facilities) must grant permission before an electronic restraint device may be used. The Warden shall designate a safe, secure storage area that allows rapid accessibility of this equipment. The electronic restraint devices may be used only by employees who have satisfactorily completed the training. (See Policy #506.07.3) 5. If both the CD and CM are unavailable by telephone, the ranking shift officer at TCIP shall be contacted for required authorizations/notifications. C. Leather Slapjacks/Blackjacks: The use of this type of security equipment is strictly prohibited. Under no circumstances shall TDOC personnel or employees of privately managed facilities carry or use these pieces of equipment. D. Restraint Equipment 1. The use of restraint equipment is an application of force designed for the purpose of preventing the commission of an offense or self harm by violent or unruly inmates. 2. Instruments of restraint (such as handcuffs, leg irons, and four-point restraints) shall never be applied as punishment. Restraint equipment shall be used at the discretion of the Warden or his/her designee as a precautionary measure against the escape of inmates under escort for any purpose other than work. It may also be used as a therapeutic measure to prevent self-mutilation, injury to others, or property damage when all other reasonable methods of control have been tried and have failed. (See Policy #113.87 for appropriate procedures and type of restraint to be used when mental health restraint is ordered. Staff at facilities that provide only acute and long-term medical care, shall refer to institutional policy regarding medical restraint and appropriate procedures to be followed when the restraint is ordered as part of a pla n of general medical treatment) 3. When any security restraints are applied to an inmate (except for therapeutic restraints) and the inmate remains in a cell, the following shall occur: Effective Date: October 15, 2009 Subject: Index # 506.07 Page 3 of 7 USE OF FORCE/SECURITY DEVICES a. The application of security restraints must be authorized by the shift supervisor. b. Physical assessment shall be conducted by medical staff at the time of application and every two hours thereafter, or more often, as needed. c. Continuance in restraints beyond eight hours requires the notification and approval of the Warden/Deputy Warden. Mental health shall be notified of the use of restraints for security purposes by the next business day in order to evaluate the inmate’s mental health status. d. Continuance of restraints beyond 10 hours requires the notification and approval of the Assistant Commissioner of Operations/designee. e. An incident report in accordance with Section VI. (M)(2) and (3) shall be prepared. The original TOMIS/e-TOMIS report shall be modified as needed to reflect the ongoing approval of the application of the restraints (i.e., initially by the shift supervisor, at eight hours if approved by the Warden/Deputy Warden, and at 10 hours if approved by the Assistant Commissioner of Operations/designee). NOTE: At privately managed facilities, the approval of the Commissioner’s designee is required in conjunction with that of the shift supervisor in subsection (a) above and that of the Warden in subsection (c) above. 4. Restraint devices and methods for pregnant inmates are subject to the following limitations and requirements regarding usage: a. Under no circumstances shall leg or waist restraints be used during the inmate’s labor or during delivery. b. Restraint devices and methods employed during movement or transportation shall be appropriate to the medical and security needs of the inmate. This shall be based on an individualized determination of risk to the inmate and risk to the fetus from the application of restraint, and the risk to the safety of others in the vicinity or in the larger community, if particular restraint is not applied. c. Qualified health services personnel will prescribe necessary precautions, including decisions about the manner and the circumstances in which the inmate is to be restrained. Leg restraints (in particular) are not medically recommended for a pregnant inmate as they may affect balance and ambulation. If leg restraints must be used during movement or transportation for security reasons, they will be used only when the inmate is seated, being moved by wheelchair or gurney, or otherwise supported and protected against the risk of fall while walking or transferring. Effective Date: October 15, 2009 Subject: Index # 506.07 Page 4 of 7 USE OF FORCE/SECURITY DEVICES 5. The Wardens at facilities housing female inmates shall develop policy, institutional procedures, and post orders to clearly define the use of restraints regarding pregnant inmates. These institutional procedures must be approved by the Medical Director. Those who are classified minimum restricted and above shall be restrained in the following manner: a. b. c. Handcuffs (Can use blackbox with lock to cover handcuffs) Arm restraint (alternative to waist chain if approved by medical) Leg restraint, during movement and transport only, and only when not medically contradicted At no time shall electronic restraint devices be used to gain or maintain control of a pregnant inmate. 6. Anytime a pregnant inmate is transported without restraints, the Assistant Commissioner of Operations shall be notified prior to transporting. If the inmate’s condition is determined by the facility’s Health Services personnel to be life-threatening and the Assistant Commissioner is not immediately available, then he/she should be notified as soon as possible. The use of restraints at an outside medical facility shall be in accordance with the transportation post orders. Upon removal of any restraints, notification shall be made to the Warden or Deputy Warden. 7. Before an inmate is placed in a four-point restraint (restrained in a prone/supine position and/or seated, both arms and legs secured to a bed or similar stationary platform and/or seat that provides adequate allowance for protective covering (blankets), advance approval shall be obtained from the Warden/designee (Commissioner’s designee at privately managed facilities). Approval must also be subsequently obtained from the institutional physician or designee. When a four-point restraint has been initiated, discontinuance of the four-point restraint can only occur on the order of a physician/designee. When an inmate is restrained in a four-point position, the following minimum procedures shall be followed: 8. a. Direct visual observation by staff must be continuous prior to obtaining an order from the physician. b. After approval, visual observation must be made at least every 15 minutes on an irregular schedule. c. Restraint procedure guidelines must be approved by the institutional physician. In the selection of restraint equipment for escort procedures, consideration shall be given to the following: a. b. c. d. e. f. g. Custody classification of the inmate Anticipated contact with the public Physical and mental condition of the inmate Demonstrated behavior Purpose and destination of escort Age, size, and stature of the escort(s) as compared to the inmate Mode of travel Effective Date: October 15, 2009 Subject: Index # 506.07 Page 5 of 7 USE OF FORCE/SECURITY DEVICES E. Water Hoses 1. The use of water as an appropriate level of force in institutions is authorized when lesser degrees of force have failed to bring an unlawful incident under control, or when its prompt use is calculated to prevent the commission or continuance of a serious offense involving violence or bodily harm. 2. The decision to employ water shall be made by the Warden (Commissioner’s designee at privately managed facilities) or per succession roster or shift supervisor in emergencies. F. Chemical Agents: Chemical agents shall be used in emergency situations when a lesser amount of force is inappropriate to control an inmate(s). (See Policy #506.07.1) G. Firearms: Firearms shall only be used as necessary to prevent escape, assault likely to result in serious bodily injury, or loss of life. In no case shall firearms be discharged if less extreme measures will suffice. (See Policy #506.08) H. Security Equipment for Institutions 1. 2. 3. 4. 5. 6. I. Restraint equipment/handcuffs/leg irons/waist chains CN/chemical agents/launchers (See Policy #506.07.1) Short/long batons Mattresses Electronic Restraint Devices (See Policy #506.07.3) Specialty impact weapons/munitions (See Policy #506.07.5) Stab/Trauma/Ballistic Resistant Vests 1. 2. Transportation a. Bullet resistant vests shall be used when transporting inmates classified to minimum restricted or higher custody for court, medical, funeral home trips, hospital family visits, etc. Ballistic panels must be worn on the front and rear when vests are worn. Vests will be worn under and/or over the correctional officer uniforms. When transporting inmates to court, the vest will be worn under the correctiona l officer uniform. b. Vests will be issued to specific individuals, not posts. These staff shall be responsible for sanitation of the vest, as well as loss or any non-duty related damage. Vests shall not be worn for any other employment or loaned to anyone. Inside Institution a. b. c. Officers assigned to supervise segregated inmates may, at their discretion, wear vests when removing inmates from their cells for any purpose. Employees shall wear vests when participating in cell extractions. Vests will be stored inside the high security unit control room and/or in armory/operations when not in use. Effective Date: October 15, 2009 Subject: Index # 506.07 Page 6 of 7 USE OF FORCE/SECURITY DEVICES J. Use and Storage of Equipment: The Warden shall develop policy, institutional procedures, and post orders to clearly outline the use and storage of security equipment, as well as the delegation of his/her authority to use it as it relates to the specific needs of that institution. (See Policy #506.04 and privately managed facilities refer to TDOC approved corporate policy) K. The Wardens of all Level II or higher institutions shall develop procedures for the establishment of cell extraction teams for use where inmate resistance is anticipated and employees are required to use force to implement a lawful order or prevent harm. Institutional procedures shall contain guidance in the following: 1. The extraction of pregnant inmates is prohibited 2. Number of extraction teams authorized. 3. Selection criteria for team members. At a minimum, all members must have completed their probationary period and have completed all required correctional officer pre-service and in-service training. 4. Size of each team (usually five plus supervisor). 5. Specific duties of each team member, i.e., restraint equipment, open door, restrain leg or arm, operate video equipment, etc. 6. Protective equipment provided for each member. Normally, helmet, chest protector, knee and elbow pads, and forearm protector will be worn. 7. Use of video equipment. A video shall be made of each extraction. The video, regardless of quality, shall be immediately transferred to the Deputy Warden/AWO (Internal Affairs officer at privately managed facilit ies) to be labeled, filed, and retained for at least three years. 8. Authorization requirements to implement extraction procedures (to include approval of the Commissioner’s designee at privately managed facilities). 9. Training. Team must complete a minimum of four hours of specific extraction team training each year. At a minimum, training will be conducted in use of force, proper use of all authorized restraint equipment, defensive techniques, and early recognition intervention for mentally disturbed inmates. 10. Alerting medical staff to be on standby for required medical examination of inmate and staff. 11. Reports/documentation required. Effective Date: October 15, 2009 Subject: Index # 506.07 Page 7 of 7 USE OF FORCE/SECURITY DEVICES L. At privately managed facilities, the institutional procedures regarding the use of force and security devices must be reviewed and approved by the Commissioner and shall include provisions for prior approval for the use of force and security equipment by the CD. In situations where prior approval is not feasible, the CD must be notified of the incident with one hour of its occurrence. In no event is physical force justifiable as punishment. M. Reporting Usage 1. When the use of physical force, a baton, or any other security device is required, the incident shall be reported. (See Policy #103.02) 2. All cases of physical force shall result in the preparation of a written report and should go through the Deputy Warden/designee (Assistant Warden at privately managed facilities) to the Warden for review. The report shall be submitted to the Deputy Warden/designee for review no later than the conclusion of the tour of duty (with a copy submitted simultaneously to the Commissioner’s designee at privately managed facilities). 3. TOMIS conversation LIBJ, Incidents, shall be used to document the use of force. The staff preparing the incident report should be familiar with and follow the TOMIS on-line user procedures (LSWF) for documenting incidents on TOMIS. N. All persons, either staff, inmates, or visitors, who are injured in an incident as a result of physical force shall receive an immediate medical examination and treatment if necessary. O. Staff shall be trained in the use of force/security devices referenced in this policy prior to utilization. VII. ACA STANDARDS: 4-4090, 4-4173, 4-4190, 4-4199, 4-4202, 4-4203, 4-4206, and 4-4281. VIII. EXPIRATION DATE: October 15, 2012.