Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Division 01 - Division of Community Correction › Rule 004.01.20-014 - Use of Force

Current through Register Vol. 49, No. 6, June, 2024
I.
AUTHORITY.
The Board of Corrections is vested with the authority
			 to promulgate this administrative rule by Arkansas law sections
			 12-27-105,
			 16-93-1203
			 and
			 16-93-1205.
II.
APPLICABILITY.
This rule
			 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 of
			 force 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, by word 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 of force incidents.
Board Approval Date: 9/22/2017
Effective Date: 12/15/2017