BOP Program Statement 5566.07 § 3

Since inmates can become violent or display signs of imminent violence, it is sometimes

necessary for employees to use force and restraints to prevent inmates from hurting themselves,

employees, or others, and/or from destroying property.

(a) Immediate use of force. Staff may immediately use force and/or apply restraints when the

behavior described in § 552.20 constitutes an immediate, serious threat to inmate, staff, others,

property, or to institution security and good order.

In an immediate use of force situation, employees may respond with or without the presence or

direction of a supervisor. Due to the nature of the situation, employees are not required to consult

Health Services prior to the use of chemical agents/OC as an immediate response is required.

Protective Equipment. Recognizing a rapid response is imperative in an immediate use of force

situation, responding employees must use sound correctional judgment in determining if there is

time to obtain readily available protective equipment when responding (e.g., shields, helmets

with face shields, pads, jumpsuits, etc.). Such protective clothing and equipment impede the

transmission of infectious diseases.

Video Recording in Immediate Use of Force Incidents. As soon as feasible, employees must

obtain a video camera and record any use of force incident, unless it is determined a delay in

resolving the situation would endanger the inmate, employees, or others, or would result in a

major disturbance or serious property damage.

In immediate use of force situations, the following is required on video:

Decontamination. In accordance with the Program Statement Oleoresin Capsicum (OC)

Aerosol Spray, in situations where OC or chemical agents are utilized, decontamination of the

inmate(s) must be conducted without delay, upon the incident being contained, and regardless of

the availability of Health Services employees. This process is to be documented on video unless

exigent circumstances exist. Primary decontamination procedures include fresh air and rinsing

with water focusing on affected areas with special attention to the face, eyes, nose, and mouth.

Additionally, a change of clothing is required.

Under the supervision of the Health Services employees, the inmate shall be allowed to wash

areas affected by the agent with soap and water or assisted by Health Services employees as

necessary. Normally, this is conducted in conjunction with the medical examination and must be

documented on video.

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A Lieutenant will ensure the decontamination has been conducted.

■ Medical Assessment. After an immediate use of force, qualified Health Services personnel

shall initially assess the inmate and document any injuries. An inmate may not refuse a

medical assessment following a use of force. The Lieutenant supervising the medical

assessment must ensure:

 the inmate is properly restrained prior to the medical assessment

 the inmate is appropriately clothed prior to the medical assessment

 employees are wearing appropriate personal protective equipment (PPE) throughout the

assessment

 employees, ordinarily those not involved in the immediate use of force, maintain proper

control of the inmate throughout the medical assessment

 Health Services employees conduct a thorough and detailed medical assessment

 communication with the inmate remains medically relevant

 the Lieutenant has no physical involvement in the medical assessment

If it becomes necessary to cut off the inmate’s clothing following the use of force, Health

Services employees, if present, must do so.

■ Debriefing. After medical assessments related to an immediate use of force have been

conducted, a Lieutenant will ensure an incident debrief is conducted on video. This

debriefing must include:

 all employees involved in the use of force, decontamination process (if necessary), and

medical assessment are present

 the camera operator is identified

 the date and time of the debriefing is stated on camera

 a detailed review of the incident and the use of force stated by the Lieutenant

 identification of employees involved by their name, title, and statement of any injuries

incurred during the immediate use of force

 Health Services employees are present and note the results of the initial medical

assessment and if applicable the initial restraint check

 the details surrounding any breaks in filming, by the Lieutenant, if applicable

(b) Calculated use of force and/or application of restraints. This occurs in situations where an

inmate is in an area that can be isolated (e.g., a locked cell, a range) and where there is no

immediate, direct threat to the inmate or others. When there is time for the calculated use of

force or application of restraints, staff must first determine if the situation can be resolved

without resorting to force (see § 552.23).

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Circumstances. Calculated rather than immediate use of force is preferred in all instances in a

correctional environment unless an immediate response is deemed necessary. Although this is

not always possible, employees must use sound correctional judgment in each incident to

determine whether the situation necessitates the implementation of calculated or immediate use

of force procedures.

Calculated use of force is appropriate when an inmate is secured in a cell or area where

employees believe there is no immediate danger of the inmate inflicting injury or harm to

themselves or others. For example, if an inmate is secured in a cell making verbal threats or

brandishing a weapon. Calculated use of force provides employees the opportunity to attempt to

resolve the situation non-confrontationally.

Documentation. The entire calculated use of force process must be video recorded, including

the introduction of all employees participating in the confrontation avoidance process and

decontamination procedures, if applicable. The video and documentation will be part of the

investigation package for the After-Action Review, as detailed in Section 13 of this Program

Statement. Additionally, the Warden must forward a copy of each video to the Regional Director

within four working days of the incident.

■ Debriefing. After medical assessments related to a calculated use of force have been

conducted, a Lieutenant will ensure an incident debrief is conducted on video. This

debriefing must include:

 all employees involved in the use of force, decontamination process (if necessary), and

medical assessment are present

 the camera operator is identified

 the date and time of the debriefing is stated on camera

 a detailed review of the incident and the use of force stated by the Lieutenant

 identification of employees involved by their name, title, role, and statement of any

injuries incurred during the calculated use of force

 Health Services employees are present and note the results of the initial medical

assessment and if applicable the initial restraint check

 the details surrounding any breaks in filming, by the Lieutenant, if applicable

Calculated Use of Force Safeguards

Protective Equipment. To prevent injury and exposure to communicable disease in calculated

use of force situations, employees participating in any calculated use of force, including those

participating in the Use of Force Team Technique, must wear appropriate protective gear in

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accordance with the circumstances. A list of protective gear to be used, depending upon the

circumstances, may be found in 29 CFR Part 1910 and the Program Statements Correctional

Services Manual and Infectious Disease Management. Sufficient protective equipment and

clothing must be available for all employees participating in a calculated use of force.

Employees with Injury or Disease. Although specifics are not required, employees with

documented injuries or diseases have an obligation to inform management they are unable to

participate in calculated use of force situations. Employees will be asked during their

introduction on camera if they are willing to participate in this action and have no injuries or

diseases that would prohibit their participation. The Bureau will comply with the hepatitis B

vaccination procedures as outlined in 29 CFR § 1910.1030. Employees with a skin disease or

skin injury shall not be permitted to participate in a calculated use of force.

Employee Exposure. Employees will treat every calculated use of force as if blood and bodily

fluids are present. Employees must report any exposure to bodily fluids or other contagious

diseases that occurs during the course of their duties to Health Services as soon as practicable.

The employee must also immediately inform their supervisor.

If it is possible an inmate could have transmitted a disease, such as human immunodeficiency

virus (HIV), the exposed employee may request the inmate be tested promptly. The employer

will exercise due diligence in testing the inmate and processing the test. The employer will notify

the employee of the test results immediately upon receipt in accordance with the Correctional

Officers Health & Safety Act of 1998. If an employee reasonably believes they may have been

exposed, they will be sent for HIV testing during duty hours.

Sanitation. After all use of force incidents, areas where there is a spillage of blood, or other

bodily fluids, must be sanitized immediately upon the authorization of the Special Investigative

Supervisor (SIS) or Shift Supervisor, who must first determine whether there is a need to

preserve evidence. Procedures and PPE for the cleaning of blood spillage or bodily fluids must

be made available to employees responsible for the supervision of such cleaning.

All blood and body secretions will be removed immediately in the appropriate waste disposal

container. The area must be washed with an antiseptic solution, in accordance with the Program

Statements HIV Positive Inmates Who Pose a Danger to Others, Procedures for Handling

of; Infectious Disease Management; and Management of Staff Exposure to Bloodborne

Pathogens.

Sanitation measures, in compliance with 29 CFR Part 1910 and safety directives (e.g., local

exposure control plan) must be implemented following use of force incidents where there is a

possibility of exposure to bodily fluids or potentially infectious materials. Such measures may

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not take place until the scene has been released from the investigatory process. Any clothing,

including employee or inmate’s clothing, as well as PPE which has been exposed to bloodborne

pathogens or other potentially infectious diseases must be disinfected or destroyed immediately.

(c) Use of Force Team Technique. If use of force is determined to be necessary, and other

means of gaining control of an inmate are deemed inappropriate or ineffective, then the Use of

Force Team Technique shall be used to control the inmate and to apply soft restraints, to include

ambulatory leg restraints. The Use of Force Team Technique ordinarily involves trained staff,

clothed in protective gear, who enter the inmate’s area in tandem, each with a coordinated

responsibility for helping achieve immediate control of the inmate.

See the Section on the Use of Force Team Technique in the Program Statement Correctional

Services Manual for guidance.

(d) Exceptions. Any exception to this rule is prohibited, except where the facts and

circumstances known to the staff member would warrant a person using sound correctional

judgment to reasonably believe other action is necessary (as a last resort) to prevent serious

physical injury, or serious property damage which would immediately endanger the safety of

staff, inmates, or others.