The purpose of this section is to set forth Department of
Corrections and Rehabilitation (CDCR) policy governing the use of force. The
policy has its foundation in California Penal Code statutes and relevant case
decisions.
(a) Definitions.
(1) Reasonable Force:
The force that an objective, trained and competent
correctional employee, faced with similar facts and circumstances, would
consider necessary and reasonable to subdue an attacker, overcome resistance,
effect arrest and custody, prevent escape, or gain compliance with a lawful
order.
(2) Unnecessary
Force:
The use of force when none is required or
appropriate.
(3) Excessive
Force:
The use of more force than is objectively reasonable to
accomplish a lawful purpose.
(4) Immediate Use of Force:
The force used to respond without delay to a situation or
circumstance that constitutes an imminent threat to institution or facility
security or the safety of persons. Immediate force may be necessary to subdue
an attacker, overcome resistance, effect arrest and custody, or prevent escape.
If it is necessary to use force solely to gain compliance with a lawful order,
controlled force shall be used.
(5) Imminent Threat:
An imminent threat is any situation or circumstance that
jeopardizes the safety of persons or compromises the security of the
institution and requires immediate action to stop the threat. Some examples
include, but are not limited to, an attempt to escape, on-going physical harm,
or active physical resistance.
(6) Controlled Use of Force:
The force used in an institution or facility setting,
when an incarcerated person's presence or conduct poses a threat to safety or
security and the incarcerated person is located in an area that can be
controlled or isolated.
(7)
Non-Conventional Force:
Force that utilizes techniques or instruments that are
not specifically authorized in policy, procedures, or training. Depending on
the circumstances, non-conventional force can be necessary and reasonable; it
can also be unnecessary or excessive.
(8) Non-Deadly Force:
Any use of force that does not create a substantial risk
of causing death or serious bodily injury (SBI).
(9) Deadly Force:
Any use of force that creates a substantial risk of
causing death or SBI, including, but not limited to, the discharge of a
firearm. Any discharge of a firearm other than the lawful discharge during
weapons qualifications, firearms training, or other legal recreational use of a
firearm, is deadly force.
(10) "Totality of the circumstances" means
all facts known to the peace officer at the time, including the conduct of the
officer and the subject leading up to the use of force.
(11) Response Supervisor:
The Response Supervisor is the first line supervisor in
an institution or facility responsible for the area where an incident
occurs.
(12) Responding
Supervisor or Field Supervisor:
The Responding Supervisor or Field Supervisor is the
first line supervisor responsible for the employee involved in an
incident.
(13) Incident
Commander:
The Incident Commander is the second line supervisor in
an institution or facility responsible for the area where an incident occurs or
an allegation of excessive or unnecessary force is received.
(14) First Level Manager:
A First Level Manager in an institution or facility is a
Captain.
(15) A First Line
Manager is a:
(A) Parole Administrator,
District Administrator, or Administrative Officer of the Day (AOD), Division of
Adult Parole Operations (DAPO).
(B)
Special Agent-In-Charge, Office of Correctional Safety (OCS).
(C) Special Agent-In-Charge, Office of
Internal Affairs (OIA).
(D) AOD,
Division of Adult Institutions (DAI).
(16) Second Level Manager:
A Second Level Manager in an institution or facility is
an Associate Warden.
(17)
Second Line Manager is a:
(A) Chief Deputy
Regional Administrator, DAPO
(B)
Deputy Chief, OCS
(C) Chief,
OIA
(18) Deadly Force
Review Board (DFRB) is the board responsible for conducting a complete review
of incidents involving a use of deadly force (except those meeting the
exceptions listed in subsections
3268.3 (f)(1)(D), (E), or
(F). The DFRB also reviews every death or
great bodily injury (GBI) that could have been caused by a staff use of force,
regardless of whether the incident occurs in an institutional or community
setting. The DFRB shall be composed of at least four members. Three shall be
non-departmental law enforcement professionals. One shall be a Division, Parole
Region, or Institution or Facility Manager (i.e. Associate Director, Chief or
designee) outside the chain of command of the involved employee(s). Additional
members may be designated by the Secretary or designee.
(19) Institutional Executive Review Committee
(IERC):
The IERC is a committee of institution staff chaired by
the respective Institution Head tasked with reviewing all uses of force and
every allegation of excessive or unnecessary force.
(20) Department Executive Review Committee
(DERC):
DERC is a committee of staff selected by, and including,
the Associate Director who oversees the respective institution or facility
Mission-based unit.
(A) The DERC shall
review all incidents involving serious bodily injury (SBI), or GBI that could
have been caused by staff use of force. Cases involving the use of deadly force
(e.g. warning shots per Penal Code section
835a(e)(1))
or SBI caused by a staff use of force can be referred by the Hiring Authority
for investigation to the OIA. In conjunction with these investigations, a
Vertical Advocate and a representative from the Office of the Inspector General
(OIG) are designated to monitor the case. Once a final decision has been made
by the Associate Director, the case will be closed and the decision will be
reviewed by both the IERC and DERC. The DERC shall also review those incidents
referred to the DERC by the IERC Chairperson. The DERC may also request to
review any use of force incident involving SBI or GBI.
(B) Cases where the DFRB has rendered a
decision relative to staff's use of deadly force shall not require review by
the DERC, as the finding has been reviewed and approved by the Undersecretary.
Additionally, the DERC shall not review cases involving staff's use of force
where OIA has conducted an investigation and a finding has been rendered by the
Hiring Authority.
(21)
Field Executive Review Committee (FERC):
The FERC is a committee of field staff chaired by a
Regional Parole Administrator, OCS Chief or designee, or OIA Deputy Director or
designee, in the respective area for which they are responsible, who is tasked
with reviewing all uses of force including every allegation of excessive or
unnecessary force.
(22)
Deadly Force Investigation Teams (DFIT):
DFIT is a team of OIA Special Agents who conduct
administrative and criminal investigations into incidents involving the use of
deadly force or a use of force that results in death or GBI. All discharges of
a firearm by a peace officer, both on and off duty, shall be reported, pursuant
to Sections
3268.1 and
3268.3, to OIA and the Office of
the Inspector General (OIG). OIA shall review or conduct a full investigation
of the circumstances surrounding the discharge of a firearm, except the lawful
discharge of a firearm during weapons qualifications, firearms training, or
other legal recreational uses of a firearm.
(23) Joint Use Committee (JUC):
The JUC is a committee of field staff from the department
tasked with reviewing and evaluating recommended revisions to the department's
Use of Force Regulations and Procedures.
(b) It is the policy of the Department of
Corrections and Rehabilitation (CDCR) to accomplish the departmental functions
with minimal reliance on the use of force.
(1)
Employees shall attempt to use verbal commands and verbal de-escalation,
followed by a reasonable amount of time for compliance before resorting to use
of force.
(2) When verbal commands
and de-escalation techniques do not work, or are not feasible in light of the
situation, employees may use reasonable force as required in the performance of
their duties, but unnecessary or excessive force shall not be used.
(3) An employee's determination regarding the
need to use force, and the amount of force needed shall be used in a manner
that is fair and unbiased.
(4) The
unresisted searching or escorting of a person and the unresisted application of
authorized restraint equipment is not a use of force.
(5) Employees shall render medical aid,
consistent with their training, as soon as safe to do so after any use of
force.
(c) Use of Force
Options. Use of Force options do not have to be used in any particular
sequence, but should be the force option staff reasonably believes is
appropriate. Whenever possible, verbal persuasion or orders shall be issued
prior to resorting to force and are required to be provided before controlled
force is used. Use of force options include but are not limited to:
(1) Chemical agents.
(2) Physical force. Any deliberate physical
contact, using any part of the body to overcome active physical resistance, is
considered physical force. CDCR does not authorize chokeholds or any other
physical restraints, which prevents the person from swallowing or breathing or
restricts blood flow to the brain.
(3) Less-lethal weapons: A less-lethal weapon
is any weapon that is not likely to cause death. Examples include but are not
limited to a hand-held baton, an electronic control device (ECD), a 37mm or
40mm launcher, and any other weapon used to fire less-lethal projectiles is a
less-lethal weapon.
(4) Lethal
weapons: A lethal weapon is any weapon that is likely to result in death. A
firearm is a lethal weapon because it is used to fire lethal
projectiles.
(d) The
CDCR recognizes the sanctity of human life. Therefore, deadly force shall only
be used when the officer reasonably believes, based on the totality of the
circumstances, that such force is necessary for any of the following reasons:
(1) Defend the employee or other persons from
an imminent threat of death or GBI.
(2) Apprehend a fleeing person for any felony
that threatened or resulted in death or GBI, if the officer reasonably believes
that the person will cause death or GBI to another unless immediately
apprehended. Where feasible, a peace officer shall, prior to the use of force,
make reasonable efforts to identify themselves as a peace officer and to warn
that deadly force may be used, unless the officer has objectively reasonable
grounds to believe the person is aware of those facts.
(3) Dispose of seriously injured or dangerous
animals when no other disposition is practical.
(4) Deadly force shall not be used against a
person based on the danger that a person poses to themselves if an objectively
reasonable officer would believe the person does not pose an imminent threat of
death or GBI to the peace officer or to another person.
(5) A firearm may only be discharged from or
at a moving vehicle if the criteria for deadly force is met and it is
reasonable to believe that such actions are intended to end an imminent threat
to human life. Department staff should, whenever possible, avoid putting
themselves in the path of a moving vehicle and shall, when reasonable, consider
moving out of the vehicle's path to mitigate the threat.
(e) In facilities contracted to house CDCR
incarcerated persons outside of California, the use of deadly force shall only
be applied in accordance with applicable law in the state where the facility is
located.
(f) Employees must
consider their surroundings and potential risks to bystanders before
discharging a firearm. Accordingly, a firearm shall not be discharged if it is
reasonable to believe, based on the totality of the circumstances, that the
level of potential injury to a person other than the intended target is greater
than the threat presented by the intended target.
(g) Firearms may be discharged as a warning
only in a secure facility and only when deadly force is permitted under Section
3268(d).
(h) Immediate Use of Force. A verbal warning
shall be given before force is used unless the circumstances requiring the
immediate force preclude such a verbal warning.
(i) Controlled Use of Force. In an
institution or secure facility setting, controlled use of force may be used
when time and circumstances permit advance planning, staffing and organization.
A controlled use of force requires authorization and the presence of a First or
Second Level Manager, or during non-business hours, an AOD, and must be
reported within the Incident Report Tracking (IRT) system in the Department's
electronic database, which contains the same information as the forms
incorporated by reference, or be documented on a CDCR Form 837-C (Rev. 07/24),
Crime/Incident Report Part C--Staff Report, which is hereby incorporated by
reference.
(j) Tactical Use of
Force. In a field or community setting, the tactical use of force is part of an
operation plan at a predetermined location with intended targets. All use of
force options available shall be considered. The Tactical Use of Force shall
require prior supervisory approval during the operation planning.
(k) Chemical Agents. Departmentally approved
chemical agents include, but are not limited to, the following: oleoresin
capsicum (OC), chloroacetophenone (CN), and orthochlorobenzalmalononitrile
(CS).
(l) Decontamination from
Chemical Agents. Any person exposed to a chemical agent shall be afforded an
opportunity to decontaminate as soon as practical. If the person refuses to
decontaminate, the refusal shall be documented. If an incarcerated person was
exposed in a cell and not removed from the cell where the exposure occurred,
in-cell decontamination shall be afforded to the incarcerated person, to
include but not be limited to:
(1) Health
care staff advising the incarcerated person how to self-decontaminate in the
cell.
(2) Health care staff
monitoring the in-cell incarcerated person at least every 15 minutes for a
period not less than 45 minutes.
