550 CMR, § 6.03 - Definitions

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, § 511/2(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.

Notes

550 CMR, § 6.03

Adopted by Mass Register Issue 1453, eff. 10/1/2021. Amended by Mass Register Issue 1470, eff. 10/1/2021.