Or. Admin. Code § 291-013-0010

Current through Register Vol. 63, No. 11, November 1, 2024

Section 291-013-0010 - Definitions

(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

Or. Admin. Code § 291-013-0010

CD 35-1978, f. 11-9-78, ef. 11-13-78; CD 7-1982(Temp), f. & ef. 1-29-82; CD 12-1982, f. & ef. 3-19-82; CD 3-1983, f. & ef. 1-20-83; CD 40-1985, f. & ef. 8-16-85; CD 42-1986, f. & ef. 10-17-86; CD 26-1987, f. & ef. 6-5-87; CD 12-1988, f. & cert. ef. 9-30-88; CD 21-1988(Temp), f. & cert. ef. 12-30-88; CD 9-1989, f. & cert. ef. 6-20-89; CD 20-1991, f. & cert. ef. 8-28-91; CD 3-1995, f. & cert. ef. 1-19-95; CD 20-1995, f. 10-26-95, cert. ef. 11-1-95; DOC 14-1998, f. & cert. ef. 6-18-98; DOC 3-2004(Temp), f. & cert. ef. 1-27-04 thru 7-25-04; Administrative correction 8-19-04; DOC 15-2004, f. & cert. ef. 11-2-04; DOC 19-2008, f. & cert. ef. 8-7-08; DOC 6-2013, f. & cert. ef. 6-21-13; DOC 8-2015(Temp), f. & cert. ef. 7-9-15 thru 1-4-16; DOC 17-2015, f. & cert. ef. 10/26/2015; DOC 3-2020, amend filed 01/29/2020, effective 1/31/2020

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075

Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075