Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 505.00 - Use Of Force › Section 505.07 - Definitions

Current through Register 1525, July 5, 2024
Administrative Review
. Review of use
				of force matters submitted to the Director of Operational Services, or another
				designated individual, as determined by the Commissioner.
Ammunition
. The projectile(s), along
				with the casing and primer that can be fired from a firearm.
Business Hours
. Monday through Friday,
				9:00 A.M. to 5:00 P.M., excluding holidays.
Cell/Area Extraction
. A pre-planned,
				organized process for gaining cell/area entry to remove disruptive or
				non-compliant inmate(s) utilizing physical force.
Cell/Area Extraction Team
. A team of
				staff members who have been trained in Cell/Area Extractions. If necessitated
				by the number of inmates in a cell or area, the Shift Commander may increase
				the number of staff members necessary for the team.
Chemical Agent
. A chemical compound
				designed to secure inmate compliance with orders, that may cause tearing of the
				eyes, and involuntary eye closure.
Chief of the Office of Investigative
				Services
. A senior level manager who reports to the Assistant
				Deputy Commissioner of Field Services, and whose duties include, but are not
				limited to the management of the Office of Investigative Services.
Chief of the Professional Standards
				Unit
. A senior level manager under the direction of the
				Commissioner whose duties include, but are not limited to, the management of
				the Professional Standards Unit.
Chlorobenzylidene Malononitrile (CS)
.
				A chemical agent commonly referred to as "tear gas" which is designed to be an
				irritant agent that can be deployed in several forms, including but not limited
				to canisters and aerosols.
Commissioner
. The Commissioner of the
				Massachusetts Department of Correction.
Contraindication
. A documented medical
				condition which may present an unreasonable hazard to the health or safety of
				an inmate if chemical agents are used.
Debriefing
. A discussion facilitated
				by the Shift Commander after a use of force focused on gaining understanding
				and insight regarding specific actions taken during the use of force.
De-escalation
. Use of proactive
				tactics, communication skills, and other interventions with the goals of
				achieving voluntary compliance and the reduction or elimination of the need to
				use force. De-escalation techniques may include verbal persuasion, warnings,
				slowing down the pace of an incident, waiting out a person, creating distance
				between a correction officer and a threat, and requesting additional resources
				to resolve a situation.
Department
. The Massachusetts
				Department of Correction.
Deputy Commissioner of the Prison
				Division
. The executive staff person who reports to the
				Commissioner, and whose duties include, but are not limited to, the management
				of Assistant Deputy Commissioner(s) of the Prison and Field Services
				Divisions.
Director of Operational Services
. The
				Department staff person responsible for the daily operations of the Special
				Operations Division and Inmate Transportation/Vehicle Maintenance Unit.
Division Head
. The administrative head
				of each of the following units:
(a) The
			 Office of Investigative Services;
(b) The Division of Staff
			 Development;
(c) The Inmate
			 Transportation/Vehicle Maintenance Unit;
(d) The Special Operations
			 Division;
(e) The Central Inmate
			 Disciplinary Unit; and
(f) The
			 Community Work Crew Division.
Division of Staff Development
. The
				office, under the Deputy Commissioner of Career and Professional Development,
				responsible for employee training.
Duty to Intervene
. An employee's
				responsibility to intervene to the extent possible when they reasonably believe
				they are observing another staff member using excessive force. Employees shall
				intervene to the extent possible, based upon the totality of circumstances, to
				stop the use of excessive force.
Electronic Control Devices (ECD)
. A
				device that uses electricity to override voluntary motor responses or applies
				pain in order to gain compliance or overcome resistance. ECDs are designed to
				incapacitate without causing serious physical injury or death.
Emergency
. Any situation where the
				failure of an individual to take immediate action would place that individual
				or another at imminent risk of death or serious bodily injury.
Employee
. An employee/staff member of
				the Department of Correction. For the purposes of
				103 CMR
				505.00 only, employee shall also refer to individuals
				paid for services performed within a correctional institution for or through a
				contracted service or agency.
Excessive Force
. Force applied that
				exceeds objectively reasonable force, or force which was reasonable and/or
				proportionate at the time its use began but was then used beyond the need for
				its application.
Exigent Circumstances
. Circumstances
				that create an unacceptable risk to the safety of any person.
Firearm
. A pistol, revolver, or other
				weapon of any description, loaded or unloaded, from which ammunition can be
				fired. Electronic Controlled Devices, Pepper Ball and Specialty Impact
				Munitions are explicitly excluded from this definition.
Force.
The imposition of one's
				physical will upon another person to compel, restrain, protect, impede or
				otherwise subdue a person.
Joint Triage Committee (JTC)
. A
				Committee consisting of the following individuals or their designee: Chief of
				Staff, Chief of the PSU, Director of the Policy Development and Compliance Unit
				(PDCU), Director of the Division of Staff Development (DSD), Director of
				Operational Services, and the responsible Assistant Deputy Commissioner (for
				the purpose of the JTC, only an ADC or higher may be considered as an ADC's
				designee).
Impartial Staff Member
. Preferably a
				staff member trained in crisis intervention and de-escalation techniques;
				however, may be any staff member who is not immediately involved in the use of
				force who engages an inmate in de-escalation/dialogue in an attempt to gain
				voluntary compliance and avoid the use of force.
Inmate
. For the purposes of
				103 CMR
				505.00 only, an individual confined at or committed to
				a correctional institution, excluding patients admitted to the Bridgewater
				State Hospital and the Massachusetts Alcohol and Substance Abuse Center.
Institution Duty Officer
. A rotating
				staff person assigned specific duties as institution duty officer by the
				Superintendent, usually assigned for a two-week period.
Instruments of Restraint
. Equipment
				authorized for use to prevent escape, during the transportation of inmates, or
				to prevent injury to self, others, or property. Instruments of Restraint shall
				include, but not be limited to: handcuffs, waist chains, leg restraints, soft
				restraints, flexible restraints, or any other device or equipment authorized by
				the Commissioner.
K-9 Unit
. A unit consisting of canines
				and a K-9 Handler. Canines as used in this CMR, does not include any canine
				that is used for programming and/or therapy purposes.
Medical Director
. Physician designated
				by the Contractual Medical Provider with supervisory authority for health
				services and medical judgments at each Department institution.
Objectively Reasonable
. For the
				purpose of
				103 CMR
				505.00, objectively reasonable is the review standard
				applied to each use of force. This means that, the force is reasonable and
				proportionate given the totality of the circumstances. In determining the
				necessity for and appropriate level of force, reviewers shall evaluate each
				situation in light of the known circumstances to the staff member using force,
				including, but not limited to, the seriousness of the infraction, the level of
				threat or resistance presented by the inmate, and the danger to staff members,
				inmate and/or community. The reasonableness of a particular use of force must
				be judged from the perspective of a reasonable staff member on scene.
				Determining reasonableness of force must allow for the fact that staff members
				are forced to make split second judgments in circumstances that are tense,
				uncertain, and rapidly evolving.
Office of Investigative Services
				(OIS)
. The office, under the Office of the Deputy Commissioner of
				Field Services Division, which provides centralized investigative support and
				services throughout the Department.
Officer in Charge
. Ranking staff
				member who assumes control and supervisory responsibilities of all staff at a
				scene. If no supervisor is present, the correction officer with the most
				seniority shall be designated as the Officer in Charge.
Oleoresin Capsicum (OC)
. OC is a
				natural, oily resin derived from capsicums and designed to be an inflammatory
				agent that can be deployed in several forms, including but not limited to
				canisters, aerosols, and projectiles. OC is designed to cause tearing of the
				eyes, and involuntary eye closure
Planned Use of Force
. A planned use of
				force is the extraction of an inmate from a cell, exercise yard, or other area
				where the inmate presents no immediate threat to staff.
Professional Standards Unit
. The
				investigative unit under the direction of the Commissioner which is responsible
				for investigating allegations of staff misconduct.
Qualified Mental Health Professional
.
				Treatment providers who are psychiatrists, psychologists, psychiatric social
				workers, psychiatric nurses, and others who by virtue of their education,
				credentials and experience are permitted by law to evaluate and care for the
				mental health needs of inmates.
Qualified Healthcare Professional
.
				Professionals include physicians, advanced practitioners, nurses, dentists, and
				others who by virtue of their education, credentials, and experience are
				permitted by law to evaluate and care for inmates.
Reasonable Force
. The amount of force
				that is proportionate to subdue an attacker, protect another person, overcome
				resistance, effect custody, or gain compliance with a lawful order, given the
				totality of the circumstances as experienced by an objective, trained, and
				competent correctional employee, faced with particular facts and
				circumstances.
Serious Bodily Injury
. Any injury
				which creates a substantial risk of death or any injury which is likely to
				cause serious permanent disfigurement, or the loss or extended impairment of
				any limb, organ, or other part of the body.
Shift Commander
. The staff member
				responsible for the supervision of all security staff during a given tour of
				duty, ensuring that staff maintain the safety and security of the institution,
				and provide for the care and custody of all inmates housed within the
				institution, in accordance with all Department policy statements, bulletins,
				directives, orders, notices, rules, and/or regulations. The Shift Commander may
				also be responsible for institutional operations during the absence of
				higher-ranking staff.
Specialty Impact Device
. Any device or
				munitions authorized by the Commissioner designed to deliver enough energy to
				cause sufficient discomfort to gain voluntary compliance, mental distraction,
				or temporary incapacitation.
Spontaneous Use of Force
. A
				spontaneous use of force occurs when there is an immediate need to control or
				restrain a person for the protection and safety of all concerned.
Superintendent
. The chief executive
				officer of a Department of Correction institution.
Team Leader
. A staff member,
				preferably of supervisory rank, assigned to supervise a Cell/Area Extraction
				team and is responsible for giving all verbal commands to the team and inmate,
				briefing the team, and deployment of lachrymatory agents.
Use of Force Pyramid
. A visual
				training tool used to assist staff in assessing situations to determine
				perceived circumstances, perceived subject actions, and reasonable officer
				response(s). The Department shall maintain a Use of Force Pyramid consistent
				with that used by the Massachusetts Municipal Police Training Committee.
Video Operator
. A staff member trained
				in the operation of video recording equipment who is responsible for recording
				all aspects of a Cell/Area Extraction.