Ohio Admin. Code 5120-9-01 - Use of force
(A) As the legal custodians of a large number
of potentially dangerous inmates, prison officials and employees are confronted
with situations in which it may be necessary to use force to control inmates or
respond to resistance. This rule identifies the circumstances when force may be
used lawfully.
(B) As used in this
rule and rules
5120-9-02
and
5120-9-03
of the Administrative Code:
(1) "Force" means
the exertion or application of a physical compulsion or constraint.
(a) The mere application and use of
restraints (such as handcuffs, waist or leg restraints) in connection with
accepted procedures such as the transport, escort or movement of an inmate
shall not in itself be considered a reportable use of force.
(b) The use of one's hands with minimal force
such as may be necessary or incidental to the application of restraints, or to
restrain, guide, support, or direct, etc., an inmate during procedures such as
the transport, escort or movement of an inmate shall not in itself be
considered a reportable use of force.
(c) If force, greater than minimal force, is
needed to overcome the physical resistance of an inmate in order to apply
restraints or otherwise gain control of the inmate, it shall be considered a
reportable use of force.
(2) "Less-than-deadly force" means any force
which could not reasonably be expected to result in the death of the person
against whom it is directed.
(3)
"Excessive force" means an application of force which, either by the type of
force employed, or the extent to which such force is employed, exceeds that
force which reasonably appears to be necessary under all the circumstances
surrounding the incident.
(4)
"Deadly force" means any force that carries a substantial risk that it will
proximately result in the death of any person. Examples of deadly force
include, but are not limited to, the following:
(a) Discharging a firearm in the immediate
vicinity of or directed toward another person;
(b) Striking another person on the head with
an instrument;
(c) Applying force
or weight to the throat or neck of another.
(5) "Physical harm to persons" means any
injury or other physiological impairment regardless of its gravity or
duration.
(6) "Serious physical
harm to persons" means any of the following:
(a) Any physical harm which carries a
substantial risk of death;
(b) Any
physical harm which involves some permanent incapacity, whether partial or
total, or which involves some temporary, substantial incapacity;
(c) Any mental illness or condition of such
gravity as would normally require hospitalization or prolonged psychiatric
treatment which occurred as a result of a physical injury;
(d) Any physical harm which involves some
permanent disfigurement or which involves some temporary, serious
disfigurement;
(e) Any physical
harm which involves acute pain of such duration as to result in substantial
suffering, or which involves any degree of prolonged or intractable
pain.
(7) "Risk" means a
significant possibility, as contrasted with a remote possibility, that a
certain result may occur or that certain circumstances may exist.
(8) "Substantial risk" means a strong
possibility, as contrasted with a remote or insignificant possibility, that a
certain result may occur or that certain circumstances may exist.
(9) "Immobilizing security restraints" means
any appliance which secures the inmate in such a way that the inmate is
prevented from rising, using toilet facilities, or eating. "Immobilizing
security restraint" shall include, but is not limited to, what is known as
"four-way" or "five-point" restraints. This does not include the use of
handcuffs, leg irons or belly chain in the transport or movement of the
inmate.
(C) Guidelines
regarding the use of force. Force shall be used in accordance with the
following guidelines.
(1) Amount of force.
Staff members considering the use of force shall evaluate the need to use force
based on the circumstances as known and perceived at the time it is considered.
(a) Staff may use force only to the extent
deemed necessary to control the situation; staff shall increase or decrease the
level of force as resistance increases or decreases.
(b) Staff should attempt to use only the
amount of force reasonably necessary under the circumstances to control the
situation and shall attempt to minimize physical injury.
(c) Force or physical harm to persons shall
not be used as punishment.
(2) Less-than-deadly force. There are six
general circumstances in which a staff member may use force against an inmate
or third person. A staff member may use less-than-deadly force against an
inmate in the following circumstances:
(a)
Self-defense from physical attack or threat of physical harm.
(b) Defense of another from physical attack
or threat of physical attack.
(c)
When necessary to control or subdue an inmate who refuses to obey prison rules,
regulations or orders.
(d) When
necessary to stop an inmate from destroying property or engaging in a riot or
other disturbance.
(e) Prevention
of an escape or apprehension of an escapee; or
(f) Controlling or subduing an inmate in
order to stop or prevent self-inflicted harm.
(3) Deadly force. Deadly force may only be
used when the staff member reasonably believes that such force is necessary to
accomplish any of the following:
(a) To
protect self or another from death or serious physical harm being caused or
threatened by an inmate or another person;
(b) To prevent or halt the commission of an
escape, or to apprehend an escapee, or;
(c) To prevent loss of control of the
institution, or a significant part, or in order to regain such
control.
(4) Whenever
possible, an appropriate oral warning shall be given prior to the use of deadly
force. In no event shall a warning shot from a firearm be
appropriate.
(5) Medical attention
for any individual injured during a use of force incident will be provided as
soon as practical after the incident.
(6)
Planned use of
force: In the event of a cell extraction, work stoppage, disturbance or other
situation in which staff can prepare for the use of force, such force shall be
directed by the shift supervisor or other ranking official. The supervisor
shall ensure that the incident is videotaped.
Force to achieve compliance: any use of force in which staff
can prepare for the use of force. Staff shall call for assistance before using
such force. When safe and reasonable to do so, such force should be directed by
the shift supervisor or other ranking official and should be
videotaped.
(7)
Reactive force- a use of force that is an immediate
response to an immediate threat of harm to oneself or another; and the
individual can safely and effectively respond to the threat.
Notes
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.05
Prior Effective Dates: 11/27/1976, 12/10/1979, 09/04/1984, 07/01/2004, 09/09/2013, 10/19/2019
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.05
Prior Effective Dates: 11/27/1976, 12/10/1979, 09/04/1984, 07/01/2004, 09/09/2013
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