Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 13 - USE OF FORCE › Section 291-013-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Adult in
			 Custody (AIC): Any person under the supervision of the Department of
			 Corrections who is not on parole, probation, or post-prison supervision
			 status.
(2) Behavioral Health
			 Services (BHS): A Health Services unit with primary responsibility for the
			 assessment and treatment of adults in custody with mental illness and
			 developmental disabilities.
(3)
			 Carotid Hold: Application of a hold to the neck that restricts deoxygenated
			 blood leaving the brain, which may result in the person to whom it is applied
			 becoming unconscious.
(4) Chemical
			 Agents: Chemical compounds that when deployed are designed to cause sufficient
			 physiological effect to stop, control or temporarily incapacitate an
			 individual.
(5) Choke Hold:
			 Application of physical pressure applied directly to the neck area to restrict
			 air from entering the lungs.
(6)
			 Co-Located Minimum Security Facility/Level 2: A minimum security facility on
			 the grounds of a medium or higher security facility, but not within the fenced
			 perimeter of this higher security facility.
(7) Corporal Punishment: The use of physical
			 force for the purpose of punishment.
(8) Department of Corrections Facility: Any
			 institution, facility or employee office, including the grounds, operated by
			 the Department of Corrections.
(9)
			 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 weapons, electronic shield,
			 etc.
(10) Excessive Force: A type
			 or amount of force beyond that which is reasonably necessary to control the
			 situation and achieve the correctional objective; or the continued use of force
			 after it is no longer reasonably necessary.
(11) Functional Unit Manager: Any person
			 within the Department of Corrections who reports to the Director, Deputy
			 Director, an Assistant Director or administrator and has responsibility for
			 delivery of program services or coordination of program operations. In a
			 correctional setting the superintendent is the functional unit
			 manager.
(12) Hogtie Method:
			 Binding a person's wrists and ankles together behind the back while in a prone
			 position.
(13) Less Lethal Force:
			 Systems that are explicitly designed and primarily employed so as to
			 incapacitate while minimizing fatalities or permanent injury.
(14) Lethal Force: Physical force that has
			 substantial risk of causing death.
(15) Level of Force: The type of force
			 employed, amount of that type of force employed, and the circumstances within
			 which the force is employed.
(16)
			 Medium or Higher Security Facility/Level 3 or Higher: A medium or higher
			 security facility may house multiple custody classifications of adults in
			 custody within its secure perimeter, including custody Level 1 and 2 adults in
			 custody. Medium or higher security facilities will treat all adults in custody
			 as if they are classified Level 3 or higher custody.
(17) Negligent Discharge: An unintentional
			 discharge of security equipment caused by an action or event that an employee
			 could and should have foreseen or prevented.
(18) Officer-in-Charge: That person
			 designated by the functional unit manager to supervise and make operational
			 decisions in accordance with department policy, rule or procedure during
			 periods when the functional unit manager or officer-of-the-day is not readily
			 available.
(19) Out-of-Cell
			 Restraints Order: An order authorizing the use of security restraints to
			 restrict and control an adult in custody's movement when the adult in custody
			 is being transported or escorted outside of the adult in custody's
			 cell.
(20) Physical Force: The use
			 of hands, other parts of the body, objects, instruments, chemical devices,
			 electronic devices, firearms or other physical methods used to restrain,
			 subdue, control, intimidate or to compel persons to act in a particular way, or
			 to stop acting in a particular way.
(21) Planned Use of Force: The use of force
			 in situations where time and circumstances allow for consultation and approval
			 with higher ranking employees, and where there is some opportunity to plan the
			 actual use of force.
(22) Prone
			 Restraint: The process of placing an individual "face-down" upon a surface and
			 then securing or limiting the movement of the arms, legs, or trunk from that
			 surface.
(23) Reactive Use of
			 Force: The use of force in situations where time and circumstances do not
			 permit approval by higher ranking employees, or consultation or
			 planning.
(24) Reasonable Force:
			 The use of physical force to achieve a legitimate correctional objective, where
			 the type and amount of force are consistent with the situation and the
			 objective to be achieved; and where alternatives to physical force are
			 unavailable or ineffective; and where the force used is the minimum necessary
			 to control the situation.
(25)
			 Restraint Chair: A restraining device that allows for a person to sit upright
			 in a chair that is designed to immobilize the person.
(26) Secure Custody: Custody exercised upon a
			 person under the jurisdiction of the Department of Corrections by means of
			 physical confinement within a facility of the Department of Corrections, or
			 direct physical supervision of a person with or without use of restraints while
			 outside a Department of Corrections facility.
(27) Secure Program Chair: A specially
			 designed chair that restricts an adult in custody's movement to ensure the
			 safety of other individuals while allowing movement necessary to permit the
			 adult in custody to engage in individual or group programming out of the adult
			 in custody's cell.
(28) Security
			 Equipment: Firearms, ammunition, batons, chemical agents, security restraints,
			 electronic control devices, and similar devices.
(29) Security Restraints: Handcuffs,
			 temporary cuffs, leg irons, belly chains, restraining chairs, and other similar
			 equipment designed to restrict and control the person's movement from injuring
			 himself/herself, others, and escape.
(30) Serious Mental Illness (SMI): An MH3
			 code designation used to identify adult in custody with the highest mental
			 health treatment needs.
(31)
			 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.
(32) Show of Force: A
			 demonstration of the current ability to use force, such as the massing of
			 officers or tactical squads.
(33)
			 Stand Alone Minimum Security Facility: A minimum security facility that is not
			 on the grounds of a medium or higher security facility.
(34) Specialty Impact Munitions: Munitions
			 designed to incapacitate, distract, and control a subject with less likelihood
			 of life-threatening injury.
(35)
			 Therapeutic Restraints: A type of restraint applied to an adult in custody for
			 medical or mental health purposes and designed to limit an adult in custody's
			 movement. The kinds of restraints that may be used for therapeutic purposes
			 include, but are not limited to, leather, rubber or canvas restraints for the
			 arms, legs and upper torso.
(36)
			 Use of Force: Any situation in which an employee uses physical force against an
			 adult in custody or other person, except those situations in which security
			 restraints are used in a standard manner for arrest, escort, or transport, or
			 in which therapeutic restraints are used
Statutory/Other Authority: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075