291-022-0115 Definitions (1) Chemical Agents: Chemical compounds that when deployed are designed to cause sufficient physiological effect to stop, control or temporarily incapacitate an individual. (2) Deadly Physical Force: Physical force that under the circumstances in which it is used is readily capable of causing death or serious physical injury. (3) Electronic Control Devices: Security equipment designed to stop, control or temporarily incapacitate through the use of high voltage, low amperage electric stimulation; e.g., conducted electrical weapon, electronic shield, etc. (4) Level of Force: The type of force employed, the degree of that type of force employed, and the circumstances within which the force is employed. (5) Local State Director: A person within the Department of Corrections who reports to the Assistant Director of Community Corrections and has responsibility for managing a state community corrections office within a particular county. (6) Negligent Discharge: An unintentional discharge cause by an action or event that an employee could and should have foreseen or prevented. (7) Offender: Any person under supervision who is on parole, post prison supervision, transitional leave, local control and/or probation status. (8) Officer: Any state parole and probation officer certified as such by the Department of Public Safety Standards and Training (9) Physical Force: The use of hands, other parts of the body, objects, instruments, chemical devices, firearms, or other physical methods, for the purpose of overcoming the resistance to lawful authority. (10) Physical Injury: Impairment of physical condition or substantial pain. (11) Reasonable Force: That force, which is objectively reasonable, based upon the totality of the circumstances and the facts known to the officer at the time. (12) Security Equipment: Firearms, ammunition, batons, chemical agents, security restraints, electronic control devices, and similar devices. (13) Serious Physical Injury: Physical injury which creates a substantial risk of death or which causes serious and protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of any bodily organ. (14) Security Restraints: Handcuffs, temporary cuffs (flexcuffs), and other similar equipment designed to control a person from injuring himself/herself, others, and to prevent escape. (15) Show of Force: A demonstration of the current ability to use force, such as the massing of parole and probation officers or other officials. (16) Threat: Any person resisting arrest or resisting being lawfully controlled and/or demonstrating the intent, having the means, and the opportunity to inflict injury, serious physical injury, or death. (17) Totality of the Circumstances: With respect to use of force, circumstances include, but are not limited to, comparative size; physical, emotional, and mental condition; skill level of combatants; nature of the offense; weapons; and availability of assistance. (18) Use of Force: Any situation in which an employee uses physical force against a threat, except those situations in which security restraints are used in a standard manner for arrest, escort, or transport. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: DOC 10-2013, f. & cert. ef. 10-23-13 DOC 7-2009, f. 5-22-09, cert. ef. 5-23-09 DOC 28-2008(Temp), f. & cert. ef. 11-25-08 thru 5-22-09 DOC 6-2005, f. & cert. ef. 5-24-05