Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 6.00 - Use of Force By Law Enforcement Officers › Section 6.03 - Definitions

Current through Register 1525, July 5, 2024
Chokehold
. The use of a lateral
				vascular neck restraint, carotid restraint or other action that involves the
				placement of any part of a law enforcement officer's body on or around a
				person's neck in a manner that limits the person's breathing or blood flow with
				the intent of or with the result of causing bodily injury, unconsciousness, or
				death.
Commission
. The Massachusetts Peace
				Officer Standards and Training Commission as established in M.G.L. c. 6E,
				§ 2.
Committee
. The Municipal Police
				Training Committee as established in M.G.L. c. 6, § 116.
Deadly Force
. Physical force that can
				reasonably be expected to cause death or serious physical injury.
De-escalation Tactics
. Proactive
				actions and approaches used by an officer to stabilize a law enforcement
				situation so that more time, options and resources are available to gain a
				person's voluntary compliance and to reduce or eliminate the need to use force
				including, but not limited to, verbal persuasion, warnings, slowing down the
				pace of an incident, waiting out a person, and requesting additional resources
				to resolve the incident including, but not limited to, calling in medical or
				licensed mental health professionals, as defined in M.G.L. c. 111, §
				51½(a), to address a potential medical or mental health crisis.
				De-escalation shall include, but is not limited to, issuing a summons instead
				of executing an arrest where feasible
Department/Police Department/Law Enforcement
				Agency/Agency
.
(a) A state, county, municipal or district law enforcement
				agency including, but not limited to, a city, town or district police
				department, the office of environmental law enforcement, the University of
				Massachusetts police department, the department of the state police, the
				Massachusetts Port Authority police department, also known as the Port of
				Boston Authority police department, and the Massachusetts Bay Transportation
				Authority police department;
(b) a sheriff's department in its performance of police duties
				and functions; or
(c) a public or private college, university or other
				educational institution or hospital police department.
Dog
. For the purposes herein, shall
				also refer to a K-9, canine or police dog.
Electronic Control Weapon (ECW)/Conducted Energy
				Devices (CEDs)
. A portable device or weapon, regardless of whether
				it passes an electrical shock by means of a dart or projectile
via
a wire lead, from which an electrical current, impulse,
				wave or beam that is designed to incapacitate temporarily by causing
				neuromuscular incapacitation or pain so that an officer can regain and maintain
				control of the subject.
Force
. The amount of physical effort,
				however slight, required by police to compel compliance by an unwilling
				individual.
Kettling
. Confinement or corralling by
				law enforcement of a group of demonstrators or protesters in a small area
				without any means of egress as a method of crowd control, management, or
				restraint.
Law Enforcement Officer/Officer
. Any
				officer of an agency, including the head of the agency; a special state police
				officer appointed pursuant to M.G.L. c. 22C, § 58 or 63; a special sheriff
				appointed pursuant to M.G.L. c. 37, § 4, performing police duties and
				functions; a deputy sheriff appointed pursuant to M.G.L. c. 37, § 3
				performing police duties and functions; a constable executing an arrest for any
				reason; or any other special, reserve, or intermittent police officer.
Non-deadly Force
. Any use of force
				other than that which is considered deadly force that involves physical effort
				to control, restrain, or overcome the resistance of another.
Officer-involved Injury or Death
. Any
				event during which an officer:
(a) discharges a weapon, or stun gun, as defined in M.G.L. c.
				140, § 121, actually or proximately causing injury or death to
				another;
(b) discharges any stun gun as defined in said M.G.L. c. 140,
				§ 121 actually or proximately causing injury or death to another;
(c) uses a chokehold, in violation of M.G.L. c. 6E, §
				14(c), actually or proximately causing injury or death of another;
(d) discharges tear gas or other chemical weapon, actually or
				proximately causing injury or death of another;
(e) discharges rubber pellets from a propulsion device,
				actually or proximately causing injury or death of another;
(f) deploys a dog, actually or proximately causing injury or
				death of another;
(g) uses deadly force, actually or proximately causing injury
				or death of another;
(h) fails to intervene, as required by M.G.L. c. 6E, § 15,
				to prevent the use of excessive or prohibited force by another officer who
				actually or proximately causes injury or death of another; or
(i) engages in a physical altercation with a person who
				sustains serious bodily injury or requests or receives medical care as a
				result.
Passive Resistance
. An individual who
				is noncompliant with officer commands that is nonviolent and does not pose an
				immediate threat to the officer or the public.
Serious Bodily Injury
. Bodily injury
				that results in:
(a) permanent disfigurement;
(b) protracted loss or impairment of a bodily function, limb,
				or organ; or
(c) a substantial risk of death.
Tear Gas or Other Chemical Weapons
				(CW)
. Any weapon that contains chemical compounds that temporarily
				make people unable to function by causing irritation to the eyes, mouth,
				throat, lungs, and skin, or that otherwise restrain a person by causing pain.
				This shall not include oleoresin capsicum (OC) spray.