Arkansas Administrative Code › Agency 159 - Department of Community Correction › Rule 159.00.17-003 - Use of Force

Current through Register Vol. 49, No. 6, June, 2024
AR 4.9
USE OF
		  FORCE
I.
AUTHORITY.
The
		  Board of Corrections is vested with the authority to promulgate this
		  administrative regulation by Arkansas law sections
		  12-27-105,
		  16-93-1203
		  and
		  16-93-1205.
II.
APPLICABILITY.
This
		  regulation applies to Arkansas Community Correction (ACC) employees.
III.
POLICY.
Based on the facts
		  and circumstances perceived at the time, an employee may use the amount of
		  force reasonable to effectively bring a situation under control and protect the
		  lives of the employee and others.
IV.
GUIDANCE.
A.
Application of Force in
		  General.
Based on the facts and circumstances perceived at the time, an
		  employee may use the amount of force reasonable to effectively bring a
		  situation under control and protect the lives of the employee and others. In no
		  event is physical force justifiable as punishment. A goal in every encounter is
		  to minimize injury to everyone involved. However, nothing in this policy
		  requires an employee to actually sustain injury before applying reasonable
		  force.
B.
Resistance Control
		  Continuum.
The resistance control continuum, which is taught in use
		  offeree classes, is to be used as a guide along with judgment, discretion and
		  the concept of "ability, opportunity and jeopardy."
C.
Ability, Opportunity and
		  Jeopardy.
Ability, Opportunity and Jeopardy are factors to be considered
		  when determining the amount of force necessary.
1. Ability. This refers to the perceived
		  ability of the aggressor to do harm.
2. Opportunity. This is the distance
		  relationship between the aggressor and the defender. For opportunity to be
		  present, the defender must be within usable range of the aggressor's ability.
		  Opportunity expands as the aggressor's ability increases. The presence of
		  weapons may extend the opportunity range.
3. Jeopardy. This is the defender's
		  perception of the aggressor's intent. When the defender reasonably believes
		  that the aggressor, byword or action, intends to use his ability, the defender
		  is in jeopardy.
D.
Physical Force.
Physical force is any bodily impact, restraint, or
		  physical confinement, or the threat thereof.
E.
Non-deadly Physical Force.
Non-deadly physical force is physical force that, under the circumstances in
		  which it is used, is not intended and not reasonably likely to cause death or
		  serious physical injury.
F.
Deadly Physical Force.
Deadly physical force is physical force
		  that, under the circumstances in which it is used, is readily capable of
		  causing death or serious physical injury.
G.
Weapons and Security
		  Equipment.
ACC must prepare appropriate staff to function effectively
		  across the force continuum by providing training and an assortment of security
		  equipment and firearms authorized by the Director.
H.
Additional Guidance.
The
		  agency must provide appropriate details in an administrative directive to
		  include documentation and review of use offeree incidents.
Board Approval Date: 9/22/2017
Reference: Sec. of State 159
Effective Date: 12/15/2017