BOP Program Statement 5566.07 § 1

The Bureau of Prisons authorizes staff to use force only as a last alternative after all other

reasonable efforts to resolve a situation have failed. When authorized, staff must use only that

amount of force necessary to gain control of the inmate, to protect and ensure the safety of

inmates, staff, and others, to prevent serious property damage and to ensure institution security

and good order. Staff are authorized to apply physical restraints necessary to gain control of an

inmate who appears to be dangerous because the inmate:

(a) Assaults another individual;

(b) Destroys government property;

(c) Attempts suicide;

(d) Inflicts injury upon self; or

(e) Becomes violent or displays signs of imminent violence.

This rule on application of restraints does not restrict the use of restraints in situations requiring

precautionary restraints, particularly in the movement or transfer of inmates (e.g., the use of

handcuffs in moving inmates to and from a cell in detention, escorting an inmate to a Special

Housing Unit pending investigation, etc.).

Under this rule precautionary restraints may also be used as prescribed by Health Services

employees for medical purposes in accordance with procedures set forth in the Program

Statement Psychiatric Services.

The use of restraints on inmates due to mental illness (e.g., to prevent suicide or infliction of self-injury) is subject to this Program Statement’s provisions and the Program Statement Suicide

Prevention Program. This includes the placement, review, and release of inmates from

restraints at all Bureau of Prisons (Bureau) facilities, including medical referral centers (MRC).

This policy’s purpose is not to discourage employees from using the amount of force necessary

to protect all persons, including oneself, from assault, bodily harm, and/or loss of life, serious

property damage and to ensure institution security and good order. This policy will provide

guidance and instruction on appropriate procedures in acting reasonably and lawfully when

confronted with situations that may require the use of force to gain control of an incident.

Excessive force will not be tolerated. If substantiated it may constitute a prosecutable offense.

Consistent with policy and regulations, an employee may not use brutality, physical violence, or

intimidation toward inmates, or use any force beyond that which is reasonably necessary to

subdue an inmate. See the Program Statement Standards of Employee Conduct. Bureau

employees in law enforcement positions must recognize and act upon the affirmative duty to

intervene to prevent or stop, as appropriate, any fellow Bureau employee from engaging in

excessive force or any other use of force that violates the Constitution, other federal laws, or

Bureau policies on the reasonable use of force. Employees who observe the use of excessive

force should use sound correctional judgement in their response to the situation, which may

include affirmative steps to protect safety and security prior to intervention.

a. Summary of Changes

Policy Rescinded

5566.06, CN-1 Use of Force and Application of Restraints (8/29/2014)

■ Added language for consistency with the Department of Justice Policy on Use of Force.

■ Provided direction that employees must recognize and act upon the affirmative duty to

intervene to prevent or stop, as appropriate, any fellow Bureau law enforcement officer from

engaging in excessive force.

■ Mandated training be provided to all employees in confrontation avoidance and use of force

techniques.

■ Added decontamination procedures for chemical agents/OC.

■ Mandated decontamination for chemical agents/OC be conducted on video.

■ Revised guidance related to medical and mental health consultation in use of force and

application of restraint incidents.

■ Added general procedures and direction regarding the use of and reporting requirements for

firearms in the Bureau.

■ Added guidance specific to the use of firearms inside an institution.

■ Provided guidance regarding armed escort by commercial aviation.

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■ Provided guidance and procedures related to the use of deadly force to restore order, in non-custodial circumstances, and in the prevention of escape, serious physical injury or death.

■ Mandated that carotid restraint and chokehold techniques are prohibited unless the use of

deadly force is justified under law and this Program Statement.

■ Added the requirement to immediately assign employees to supervise inmates placed in four-point restraints.

■ Created Attachment A: Bureau of Prisons Firearm Matrix.

■ Created Attachment B: Training in the Confrontation Avoidance/Use of Force Technique.

■ Created Attachment C: Use of Force Model and Continuum.

■ Created Attachment D: Steps for De-escalation.

■ For the purposes of this Program Statement, the term “employee” is used in black

implementing text and is intended to have the same meaning as the term “staff” used in blue

regulatory text. The terms “staff” and “staff member (s)” have been replaced with the term

“employee (s)” throughout the black implementing text.

b. Program Objectives.

■ Employees will be well trained in confrontation avoidance, Use of Force Team Technique,

use of chemical agents/OC, and the application of restraints to ensure the appropriate level of

response.

■ Employee safety will be increased with proper response to the perception of fluent use of

force and application of restraint techniques.

■ Employees will not be discouraged from and will not hesitate in confronting and addressing

any level of perceived threat with proper response and using the amount of force necessary to

protect themselves and others.

■ Employees will be provided training on the affirmative duty to intervene.

■ The management of inmate behavior will become increasingly efficient.

■ The progression of restraint application will allow the inmate to regain self-control as soon as

possible.

■ Video documentation will begin as soon as feasible following an immediate use of force to

ensure an accurate portrayal of inmate actions and the integrity of employee response.

■ Restraint checks of inmates will be well documented and considered in managing the

inmate’s behavior.

■ Employees will be informed of recommendations, discrepancies, and educated on corrective

actions through the after-action review process.

■ Medical assessments will be thoroughly conducted and accurately documented.

■ Identify the procedural differences between an immediate and calculated use of force.

■ De-escalation techniques will be used when feasible to avoid use of force situations.

■ Chemical agents will be utilized in a manner which employee and inmate safety are

maintained to the extent practicable and thorough decontamination is conducted.

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■ Calculated use of force will be initiated only after a review of the inmate’s medical file,

unless such a delay would endanger the safety of employees, the inmate, or other inmates, or

result in severe property damage, or effectuate an escape.

■ Employees will understand instances where deadly force may be used, as well as the

situational requirements for a verbal warning and/or warning shot.

c. Institution Supplement. None required. Should local facilities make any changes outside

those required in the national policy or establish any additional local procedures to implement

the national policy, the local Union may invoke to negotiate procedures or appropriate

arrangements.