BOP Program Statement 5577.01 § 1

This program statement is intended to authorize and regulate the use of the oleoresin capsicum

(OC) aerosol spray (pepper spray) by trained Bureau of Prisons (Bureau) institution staff, to

include Public Health Service (PHS) staff.

Consistent with Program Statement Use of Force, Application of Restraints, and Firearms

OC aerosol spray may be used to incapacitate or disable any individual who is disruptive,

assaultive, or armed posing a threat to the safety of others, or to institution security and good

order. If the OC aerosol spray is not effective, other alternative munitions should be considered.

As detailed in this program statement, there are two types of OC dispensers authorized for

routine carry, within the secure confines of the institution by staff.

The MK-4 OC aerosol spray is a 3-4 oz. canister with full cone spray. Under ideal

circumstances, the full cone spray has an effective range of 10 to 12 feet.

5577.01 3/19/2026 PROPERTY OF US GOVERNMENT 1

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The MK-9 OC aerosol spray (authorized in full cone or fog for routine carry) features an easy-to-use trigger handle intended for use in crowd management and will deliver short bursts of OC

at an effective range of 18-20 feet.

As detailed in this program statement, OC gel dispensers are authorized for use in areas

outside the secure confines of the institution. OC gel is not required but is an authorized

alternative to aerosol OC variance dispensers for the front lobby, external escorts, and

prisoner transportation (bus movement).

OC gel has an effective range of 4 to 12 feet. The use of OC gel spray may limit secondary

exposure if deployed in public areas. OC gel is not authorized for routine carry within the secure

confines of the institution.

OC aerosol spray should not be used at a distance closer than four feet.

The OC aerosol spray is designed primarily for immediate use of force in situations where

there is a serious threat to the safety of staff, inmates, or others; to prevent serious property

damage; and to ensure institution security and good order.

This program statement is based upon the Eric Williams Correctional Officer Protection Act

of 2015, which amends United States Code Title 18 to authorize the Director of the Bureau

to issue Oleoresin Capsicum spray to Bureau staff. It is also consistent with the Department

of Justice’s Policy Statement on the Use of Less-Than-Lethal Devices, which authorizes

Department of Justice (DOJ) officers to use less-than-lethal devices authorized by their

component. DOJ policy is that DOJ officers are authorized to use less-than-lethal devices

only in those situations where reasonable force, based on the totality of the circumstances at

the time of the incident, is necessary to protect any person from physical harm. The policy

also states that DOJ officers are not authorized to use less-than-lethal devices if voice

commands or physical control achieves the law enforcement objective. Additionally, DOJ

officers are prohibited from using less-than-lethal devices to punish, harass, or abuse any

person.

a. Program Objectives.

■ OC aerosol spray is used by staff for protection against inmate(s) or any person

posing a threat and when other methods of control are not effective.

■ OC aerosol spray is only issued to trained and certified staff.

■ Detailed reporting and documentation BP-E583, Report of Incident is generated

when an OC aerosol spray is used in an immediate or calculated use of force

situation.

■ Staff comply with the Eric Williams Correctional Officer Protection Act of 2015

and the Department of Justice’s Policy Statement on the Use of Less-Than-Lethal

Devices.

b. Institution Supplement. None.