Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 22 - USE OF FORCE (COMMUNITY CORRECTIONS) › Section 291-022-0115 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075