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Home My WebLink AboutUse of ForceIdaho Department of Correction Standard Operating Procedure Title: Use of Force 1 of 27 109.00.01.001 Version: 1.0 Adopted: 07/01/2025 Bree Derrick, Director, approved this document on 07/01/2025 Open to the public: Yes No This document is related to a POST lesson plan. SCOPE This Standard Operating Procedure (SOP) applies to all employees of the Idaho Department of Correction (IDOC). Version Summary Use of Force: Special Investigations Unit; SOP 307.02.01.001, Use of Force: Prisons and Community Reentry Centers; and SOP 307.04.02.001, Use of Force: Probation and Parole. TABLE OF CONTENTS Scope ........................................................................................................................................ 1 Table of Contents ....................................................................................................................... 1 A. Statutory Authority ............................................................................................................. 2 B. Board of Correction IDAPA Rule ........................................................................................ 2 C. Governing Policy ............................................................................................................... 2 D. Purpose............................................................................................................................. 2 E. Responsibility .................................................................................................................... 2 F. Definitions ......................................................................................................................... 3 G. Standard Procedures ........................................................................................................ 6 1. General Statement ..................................................................................................... 6 2. Using Force ................................................................................................................ 6 3. Limitations on Use of Force ........................................................................................ 7 4. De-Escalation ............................................................................................................. 7 5. Categories of Force .................................................................................................... 8 6. Use of Physical Restraints ......................................................................................... 9 7. Foot Pursuits ............................................................................................................ 10 8. Vehicle Pursuits........................................................................................................ 10 9. Less-Lethal Devices ................................................................................................. 10 Control Number: 109.00.01.001 1.0 Title: Use of Force Page Number: 2 of 27 Idaho Department of Correction 10. Use of Department Issued Firearms ......................................................................... 12 11. Use of Force Equipment ........................................................................................... 12 12. Turning in/Returning Use of Force Equipment .......................................................... 12 13. Lost or Stolen Use of Force Equipment .................................................................... 13 14. Lethal Force Incident/Officer Involved Shooting (OIS) Protocol ................................ 13 15. Duty to Intervene ...................................................................................................... 17 16. Reporting Use of Force Incidents ............................................................................. 17 17. Supervisor Administrative Review of Use of Force Incidents .................................... 18 18. Force Review Board ................................................................................................. 19 19. Use of Force Requirements for Probation and Parole .............................................. 19 20. Use of Force Requirements for Prisons .................................................................... 20 H. REFERENCES................................................................................................................ 27 A. STATUTORY AUTHORITY 1. Idaho Code § 20-209C, Authority to Designate Employees as Peace Officers 2. Idaho Code § 20-217A, Appointment of Director – Salary – Powers and Duties 3. Idaho Code § 20-219, Probation and Parole Supervision and Training – Limited Supervision - Rulemaking 4. Idaho Code §20-244, Government and Discipline of the Correctional Facility – Rules and Regulations B. BOARD OF CORRECTION IDAPA RULE None C. GOVERNING POLICY Policy 109, Use of Force D. PURPOSE The purpose of this SOP is to provide guidance for use of force (UOF) incidents and reporting requirements for UOF incidents. E. RESPONSIBILITY 1. Chiefs and Deputy Chiefs of Probation and Parole, Prisons, and SIU Chief Investigator The Chiefs of Probation & Parole and Prisons and the Special Investigations Unit (SIU) Chief Investigator (or designee) are responsible for monitoring their district/facility/unit’s compliance with this SOP. They are also responsible for implementing this SOP, providing training, and ensuring staff utilize the guidelines, standards, and procedures provided herein. Control Number: 109.00.01.001 1.0 Title: Use of Force Page Number: 3 of 27 Idaho Department of Correction 2. District Managers, Facility Heads, and Supervisors District managers, facility heads, and supervisors are responsible for implementing this SOP and for ensuring staff comply with the guidelines, standards, and procedures provided herein. All managers, facility heads, and supervisors are required to review this SOP annually and participate in all UOF training offered in the district, facility, or unit. 3. Staff Staff will comply with the guidelines, standards, and procedures provided herein. Armed staff will be required to review this SOP annually and participate in any UOF training offered in the district, facility, or unit. F. DEFINITIONS 1. Active Resistance: Any resistance that poses a threat or risk of harm to the staff member or others, such as when a subject attempts to attack a staff member, exhibits combative behavior (e.g. lunging toward another person, striking another person with hands or fists, kicking, or possessing any instrument that could be used as a weapon such as a knife or stick), or attempts to leave the scene, flee, or pull away from the staff member ’s grasp. Verbal statements alone do not constitute active resistance. 2. Client: A person who has been convicted of a crime against the laws of the state and has been ordered into the supervision of IDOC’s Probation and Parole Division. 3. Control Strikes: Impact-oriented techniques used to subdue or gain control of a subject. Control strikes involve intentional staff contact on or with the body of another individual, including palm strikes, knee strikes, elbow strikes, punches, kicks, and contact with pressure points such as the common peroneal nerve (side of the leg), radial nerve (top of the forearm), or brachial plexus origin (side of the neck). 4. Core Leadership Team: Consists of: 1. Director 2. Deputy director(s) 3. Division chiefs 4. Human resource officer 5. Corporal Punishment: Any measure intended to be injurious to an individual. More specifically, it is a use of force on an individual for the purpose of inflicting pain or discomfort, the improper use of any type of chemical substance, or violence of any kind to cause physical harm that is not done in response to a perceived or actual threat of harm to staff or others. Control Number: 109.00.01.001 1.0 Title: Use of Force Page Number: 4 of 27 Idaho Department of Correction 6. De-escalation: A decrease in the severity of force used in an incident in direct response to a decrease in the level of resistance. De-escalation is also a tactic designed to place staff members in a position of advantage when dealing with irrational, unpredictable, or suicidal persons. De-escalation helps staff bring chaotic moments to as peaceful a resolution as the suspect will afford. Examples of de-escalation include, but are not limited to, speaking in a lower voice, listening to concerns, demonstrating empathy, and when appropriate, creating space between the staff member and the person, or even allowing the person to safely be left alone for a period of time to collect themselves and their thoughts. 7. Electronic Control Weapon (ECW): A device that when implemented properly comes into contact with a person and uses electricity to impair voluntary motor responses and causes discomfort to assist with gaining compliance and overcoming resistance. An ECW may aid in the capture, control, and constraint of a person. 8. Exigent Circumstances: Circumstances that would cause a reasonable officer on the scene to believe that a particular action is necessary to prevent physical harm to themself or another individual(s), the destruction of relevant evidence, the escape of a suspect, or some other consequence improperly frustrating legitimate law enforcement efforts. 9. Force: Any physical strike to or contact with a person, including contact or attempted contact with an instrument or implement, where the contact or attempted contact is intended to restrict the movement of, control the action of, or overcome the resistance of the person. This includes discharging a firearm, pointing or aiming a firearm at or near a person, use of chemical spray or an ECW upon or towards a person, exercising physical control over a person, taking a person to the ground, or deploying a canine on or towards a person. Force does not include escorting or handcuffing a person who offers no resistance to such conduct. 10. Great Bodily Harm/Serious Physical Injury: Significant or substantial bodily injury that creates a substantial risk of death, causes permanent disfigurement, or results in long-term impairment of the function of any bodily member or organ. These terms are used interchangeably in this SOP. 11. Impact Weapon: A less-lethal weapon used to control a subject’s actions, to defend against an attack, or to deliver a stunning blow. Impact weapons include batons and specialty munitions such as beanbag rounds. 12. Less-Lethal Force: Any UOF other than that which is considered deadly force. Less-lethal force involves physical effort to control, restrain, or overcome the resistance of another. 13. Less-Lethal Munitions: Less-lethal munitions are designed and primarily employed to incapacitate targeted individuals in order to gain control of the person/situation. Examples include, but are not limited to, tasers, OC, blunt force projectiles, flash bangs, stingers, etc. Staff should only use IDOC approved less-lethal munitions. 14. Lethal Force: Any UOF that can reasonably be expected to cause death or serious physical injury to another person. 15. Non-secure Perimeter: A perimeter without armed patrols or armed towers. Of note, Pocatello Women’s Correctional Center (PWCC) does have a non-secure perimeter, but it is considered a secure facility. Control Number: 109.00.01.001 1.0 Title: Use of Force Page Number: 5 of 27 Idaho Department of Correction 16. Passive Resistance: Refusal to follow a lawful directive without using violent or aggressive methods. Example: Staff member requests that a person turn around to be handcuffed, but the person remains in a sitting, standing, or limp position, and fails to follow the direction of the staff member. 17. Physical Control: The use of physical strength and skilled defensive tactics to control a person who is resisting being taken into custody or resisting being transported from one place to another and offers some degree of physical resistance. Such techniques are not impact-oriented and include use of pain compliance pressure points, takedowns and joint locks, touching a person, and escort holds. 18. Physical Restraints: Physical restraints are utilized to limit a person’s movement. Physical restraints include handcuffs, belly-chains, shackles, and the Wrap restraint system. 19. Planned Use of Force: A planned UOF occurs when staff members have time to prepare a planned-out course of action to respond to a known situation. 20. Positional Asphyxia: Positional asphyxia occurs when a person is placed in a posture that prevents or impedes normal breathing. Examples of how positional asphyxia can occur include, but are not limited to: a) when person is lying prone, face down with arms restrained behind their back (the weight of a staff member’s leg or other body part that is holding the person down can rapidly increase the severity of the situation); b) when a person is put in a position that blocks their nose and mouth; c) when a person is put in a position that prevents the person’s chest from expanding. If a person is restrained in any such manner and is not released from the position, death may occur very rapidly. 21. Reactive Use of Force: A reactive UOF occurs when staff must rapidly respond to a quickly evolving situation where time does not permit staff to disengage from the situation without an undue risk to the safety of staff, residents, or the facility. 22. Resident: A person who has been convicted of a crime against the laws of the state and ordered into the care and custody of the Board of Correction. Resident includes any use in Idaho law, Board of Correction rule, or IDOC policy or procedure of the terms “offender(s),” “prisoner(s),” “inmate(s),” “incarcerated person(s)” or any other term referring to a person residing in a correctional facility in the care and custody of the Board of Correction. 23. Secure Perimeter: A perimeter consisting of two perimeter fences (both with razor wire attached) and an armed patrol or armed towers. Of note, Pocatello Women’s Correctional Center (PWCC) does have a non-secure perimeter, but it is considered a secure facility. 24. Serious Incident Review (SIR): Reviews conducted by a designated group of individuals when serious uses of force occur. 25. Serious Use of Force: Any action that involves: a. An intentional use of lethal force, including all firearm discharges aimed at or near a person or property, or use of instruments that could result in death or great bodily harm. b. A UOF that causes serious physical injury or requires emergency medical treatment (beyond first aid), or hospital admission. c. Use of ECW against a person. d. Use of chemical agents against a restrained person. Control Number: 109.00.01.001 1.0 Title: Use of Force Page Number: 6 of 27 Idaho Department of Correction 26. Unresisted (Cooperative) Handcuffing: When a person complies with the staff member’s verbal commands to permit application of handcuffs and/or willingly allows the staff member to position their arms in order to apply handcuffs. 27. Weapon: Any instrument, article, or substance, including a vehicle, which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or other serious physical injury. G. STANDARD PROCEDURES 1. General Statement a. IDOC’s priority is to preserve human life and ensure the safety and wellbeing of all persons, including staff, contractors, members of the public, and those under IDOC’s jurisdiction. IDOC authorizes staff to use force only as a last alternative, after all other reasonable efforts have failed to resolve the situation, or when the urgency of the situation does not allow other non-force alternatives. b. When it becomes necessary to use force, staff must use only the amount of force reasonable and necessary to accomplish their lawful objectives. Instances where force may be necessary include, but are not limited to, efforts to control a situation, effect an arrest or detention, overcome resistance to arrest or detention, prevent a resident from escaping, defend themselves or others from harm, or complete their lawful duties. c. The authority to use force carries with it the need for accountability to safeguard the rights of persons under IDOC’s jurisdiction, as well as the public, and to preserve the integrity of the Department. IDOC is committed to documenting, reviewing, and investigating (when indicated) all UOF incidents. As such, it is IDOC’s policy that all staff must report all UOF incidents in a timely, complete, and accurate manner. d. No part of this SOP is intended to require staff to unreasonably endanger themselves or others. 2. Using Force a. All UOF must be objectively reasonable based upon the totality of the circumstances as perceived by the staff at the time of the incident. Any interpretation of reasonableness must allow for the fact that staff are often forced to make split-second decisions in circumstances that are tense, uncertain, and rapidly evolving. b. Any acts that are not in accordance with this SOP including, but not limited to, excessive force, corporal punishment, provoking a resident/client so that force may appear justified, harassment, or the use of chemicals or electronic devices when a resident/client is restrained or controlled are prohibited. Such behavior is subject to disciplinary action in accordance with SOP 205.07.01.001, Corrective and Disciplinary Action, and may also be subject to prosecution. Control Number: 109.00.01.001 1.0 Title: Use of Force Page Number: 7 of 27 Idaho Department of Correction c. If it appears that the force used by a staff member(s) may have been excessive or unauthorized, supervisory or administrative staff will take appropriate action to address the UOF, which may include, but is not limited to, seeking a review by the Force Review Board, requesting a Serious Incident Review (SIR) (see SOP 105.02.01.001, Reporting and Investigation of Major Incidents), and/or pursuing corrective or disciplinary action if warranted. d. Unresisted handcuffing and routine escorts are not considered a UOF. 3. Limitations on Use of Force a. A UOF must be objectively reasonable based upon the totality of the circumstances known or perceived by the staff at the time of the incident. b. The degree of force employed should be in direct relationship to the amount of resistance exerted, or the immediate threat to staff or others. c. Each time force is used, the need for continued UOF must be reassessed. Staff must be able to articulate the need to use additional or continuing force. d. Corporal punishment is expressly forbidden and will be cause for disciplinary action. Any act of corporal punishment is to be reported immediately to a supervisor. e. Maintaining a position that causes positional asphyxia for an extended period of time is strictly prohibited. While residents or clients may be placed in a prone position, once compliance is gained, staff must move them to an upright position. f. Lethal force will be utilized only as a last resort to prevent escape from a secure facility, serious physical injury, or death to staff or others. g. Verbal commands should be given before any UOF, including lethal force, unless doing so is unreasonable given the circumstances. h. Staff must never fire any warning shot. i. Intentionally firing shots at a moving vehicle is prohibited unless there is imminent danger of death or serious physical injury to staff or other person(s) and there are no other means available to avert or eliminate the threat. Firearms may not be fired solely for the purpose of disabling a moving vehicle. 4. De-Escalation a. When feasible, every effort should be made to resolve a situation by using verbal de- escalation techniques before using force. However, not every situation will allow the time for verbal de-escalation. b. At least once every two years, staff must attend formal training that focuses on and incorporates verbal de-escalation techniques. IDOC must present training often enough for staff to meet this requirement. Control Number: 109.00.01.001 1.0 Title: Use of Force Page Number: 8 of 27 Idaho Department of Correction 5. Categories of Force Force categories are not to be confused with a Use of Force continuum. These categories are used for reporting and documentation purposes only. a. Category 1 1) Category 1 UOF includes: a) Applying physical control techniques without using a weapon. For example, using joint manipulation to intentionally cause pain in order to gain compliance. b) Applying physical control techniques to a vulnerable area but not including strikes. For example, using pressure points to intentionally cause pain in order to gain compliance. c) Note: A staff member’s use of physical direction alone is not a UOF. For example, placing someone on or directing someone to a wall to apply restraints when the person is compliant does not constitute a UOF. 2) Category 1 uses of force must be reported to the immediate supervisor as soon as is possible at their earliest convenience, but no later than the end of the working day or shift in which the UOF occurred. Such report must be submitted on a Use of Force Report and reviewed by the supervisor. b. Category 2 1) Category 2 UOF includes: a) Applying a chemical agent upon or near a person. b) Using an ECW upon or near a person. c) Intentionally pointing a firearm at a person but not firing. d) Using an impact weapon, including specialty impact munitions, or any other instrument in an attempt to strike another person, whether or not contact is made. e) Using an impact weapon for a non-striking purpose. For example, prying limbs, moving, or controlling a person. f) Using physical control strikes but excluding strikes to the head. Such techniques include: i. Hand/palm/elbow strikes ii. Kicks, or knee strikes iii. Leg sweeps iv. Takedowns g) Discharging a firearm at an animal while on-duty. Control Number: 109.00.01.001 1.0 Title: Use of Force Page Number: 9 of 27 Idaho Department of Correction h) Striking a person upon the head but excluding intentional use of an impact weapon. i) Engaging in a use of force which results in injuries to a person requiring emergency medical treatment (beyond first aid) or hospital admission. Note: For the purposes of this SOP, an evaluation by a medical professional to assess a complaint of injury is not emergency medical treatment. 2) Category 2 uses of force must be reported to the immediate supervisor as soon as possible and in any event no later than the end of the involved staff member’s shift. The report must be submitted in a Use of Force Report, which will be reviewed by the facility head or district manager and by the division deputy chief. c. Category 3 1) Category 3 UOF includes: a) Any use of force that results in death. b) Any use of force involving a firearm discharge, regardless of injury. c) Any use of force that creates a substantial risk of causing death. d) Any use of force that results in serious physical injury as identified in the definition section of this SOP. e) Any use of force involving an intentional impact weapon strike to the head. 2) Category 3 uses of force must be reported to the immediate supervisor immediately (as soon as possible given the circumstances) and in any event no later than the end of the involved staff member’s shift. The report must be submitted in a Use of Force Report, which will be reviewed by the facility head or district manager and by the division deputy chief. Category 3 uses of force will also be reviewed by the Force Review Board (see Section 17). 6. Use of Physical Restraints a. The proper application of physical restraints can help reduce the risk of injury. They must only be used until the need for their use no longer exists. Physical restraints will be used for the following reasons: 1) When a person is taken into custody 2) When it is necessary to prevent injury to the individual, staff, or the public 3) To prevent escape 4) To prevent serious property damage 5) For routine movement or transportation Control Number: 109.00.01.001 1.0 Title: Use of Force Page Number: 10 of 27 Idaho Department of Correction b. Pregnant Residents When it is necessary to restrain a pregnant person, staff must take every precaution to ensure the fetus is not harmed. Pregnant individuals should be handcuffed in the front. During the third trimester, residents shall be transported without restrains unless an articulable security risk requires use of handcuffs. Except in extraordinary circumstances, IDOC does not authorize use of restraints of any kind during labor and delivery. Use of restraints during labor and delivery requires approval by a chief or their designee. Pregnant clients who are arrested in the community must be handcuffed in the front. c. The WRAP Restraint System Only certified WRAP instructors can train IDOC staff on the use of the WRAP Restraint System and cannot deviate from that training in any way. Staff must participate in a WRAP-specific training before using it and must adhere to the manufacturer’s instructions and training, with no variations. 7. Foot Pursuits Foot pursuits are inherently dangerous for staff, the resident or client being pursued, and members of the public. Staff must use their best judgment when deciding to conduct foot pursuits. At a minimum, staff must consider the totality of the circumstances, including the person’s criminal history, the reason for the arrest, and the threat to the safety of staff and others. If the decision is made to pursue, staff must continually assess their surroundings and consider officer and public safety concerns. Staff must not conduct foot pursuits when alone. 8. Vehicle Pursuits a. “High-speed” vehicle pursuits (i.e. attempting to follow a vehicle that is using high speed or other evasive tactics such as driving off a highway) is prohibited, unless performed in cooperation with an outside law-enforcement agency and in a vehicle with emergency lights and siren. b. Simply following a vehicle while obeying traffic regulations is not considered a vehicle pursuit. 9. Less-Lethal Devices Staff may use less-lethal devices that they are certified to use and that have been issued by the Department. Staff using less-lethal force must stop using the force once it is no longer needed to gain compliance. If the less-lethal device does not gain compliance after deployment, the staff member should use another tactic. a. Types of Less-Lethal Devices 1) Chemical Agents and Oleoresin Capsicum (OC) Spray Control Number: 109.00.01.001 1.0 Title: Use of Force Page Number: 11 of 27 Idaho Department of Correction a) Chemical agents and OC spray may only be issued to and used by a staff member specifically trained in their use. b) Chemical agents and OC spray must not be deployed when compliance or submission has been gained. c) Staff issued and trained in the use of OC spray are authorized to use it in a reactive use of force action if needed. d) The supervisor may authorize the use of chemical agents and/or OC spray in a planned use of force action when the circumstances dictate the need for such agents. e) For chemical agent or OC spray usage in a facility, if time permits, medical staff must be consulted to determine if the resident(s) involved has any condition that might seriously be aggravated if a chemical agent or OC spray is used. f) OC spray must not be used on residents/clients who have been placed in restraints, unless the staff member can clearly articulate specific facts that indicate the person posed a risk to harm himself, the staff member, or others, and that the use of the OC spray was necessary for safety. g) Staff members, residents/clients, or others affected by a chemical agent or OC spray must be decontaminated as soon as possible, appropriate, and safe. Use the following steps for decontamination: i. Apply copious amounts of low-pressure cool water. ii. As soon as possible, remove all exposed clothing (clean clothing must be made available). iii. Immediately after exposure, and when it is safe to do so, medical personnel must examine and treat the person for any injury or side effects and then document the medical check in an Information Report. In the community, this may occur at a hospital, jail, or by EMS. iv. Within one hour of exposure, if practical, those contaminated must be allowed to shower. 2) Electronic Control Weapon (ECW) Only trained staff may be issued and use an ECW. Such a device may only be used when circumstances dictate the need. Staff must be able to articulate the facts and circumstances that necessitated ECW use. When using an ECW, the manufacturer’s instructions must be followed. 3) Impact Weapons - Batons Only trained and certified staff may be issued and use a baton. Such a device may only be used when circumstances dictate the need for such a device. In the UOF report, staff must articulate the facts and circumstances that necessitated baton use. Control Number: 109.00.01.001 1.0 Title: Use of Force Page Number: 12 of 27 Idaho Department of Correction 4) Impact Weapons - Less-Lethal Munitions (Kinetics) Only trained staff may be issued and use less-lethal munitions. Less-lethal munitions may only be used when circumstances warrant the need for such munitions. In the UOF report, staff must articulate the facts and circumstances that necessitated less-lethal munition use. b. Training and Certification At a minimum, all staff authorized to carry less-lethal devices other than OC, must receive training and certification, for each department-issued device, on an annual basis. In addition, these staff must attend annual training and receive certification on arrest technique procedures. 10. Use of Department Issued Firearms a. Staff are authorized to use firearms in the performance of their official duties under the following circumstances: 1) When the staff member reasonably believes that the person poses an imminent danger and has the ability, means, and opportunity to cause death or great bodily harm to the staff member or another person. 2) To prevent an escape from a secure facility when there appears to be no other alternative to prevent the escape. 3) To suppress a riot when the staff has reason to believe that the subject poses an imminent risk of escape, death, or great bodily harm to another person. 4) To prevent or stop extensive damage to property if the staff has reason to believe that the damage could directly lead to escape, loss of life, or great bodily harm. b. Firearm Prohibitions 1) Staff must not fire warning shots. 2) Staff must not fire from a moving vehicle. 3) Staff must not fire at a moving vehicle unless there is imminent danger of death or serious physical injury to staff and others, and there are no other means available to avert or eliminate the threat. Firearms may not be fired solely for the purpose of disabling a moving vehicle. 4) Staff must not fire at an aircraft or drone in flight. 11. Use of Force Equipment Only department-issued UOF equipment may be carried while on-duty. All UOF equipment must be purchased and issued by the department and must be maintained in good working condition. 12. Turning in/Returning Use of Force Equipment Control Number: 109.00.01.001 1.0 Title: Use of Force Page Number: 13 of 27 Idaho Department of Correction Upon resigning, terminating employment, or transferring, staff must return all UOF equipment issued to them to the supervisor in charge. 13. Lost or Stolen Use of Force Equipment In the event UOF equipment is lost or stolen, the staff member must immediately file a report with the law enforcement agency of jurisdiction. The staff member must immediately report the incident to their supervisor in writing. 14. Lethal Force Incident/Officer Involved Shooting (OIS) Protocol a. Lethal force may only be used when a staff member reasonably believes that a person poses an imminent risk of, and possesses the ability, means, and opportunity to cause death, or injury likely to cause the death of a staff member or other person. b. All lethal force incidents will be investigated by the Critical Incident Task Force (CITF) in areas where IDOC has a CITF Agreement in place, or local, and/or State law enforcement. IDOC’s SIU will conduct a separate administrative investigation. All staff involved in a lethal UOF must cooperate fully with any related investigation. c. Staff Responsibilities Any staff member involved in the lethal force incident must do the following: 1) Immediately obtain medical assistance (if needed) for any person involved who complains of or appears to be injured. 2) If a lethal force incident occurs in a community setting, immediately notify local emergency dispatch of the incident and location. 3) Notify their supervisor of the use of lethal force. Any supervisor notified of a lethal force incident must immediately notify the facility head or district manager, who must then immediately notify the division chief, who will immediately notify the IDOC director and deputy director(s). 4) Protect and secure the scene until the arrival of the on-scene supervisor and/or independent law enforcement agency conducting the investigation. a) Limit access to the scene to those whose presence is needed for medical or investigative purposes. Secure scene perimeter with barrier tape, if available, and establish an ingress/egress point and a crime scene log. b) Ensure that no evidence is removed from the scene or disturbed in any way without approval by the CITF supervisor, or investigating agency, unless removal is necessary for public safety or to preserve the evidence. c) When capable, the staff member should holster or otherwise secure their own weapon that was used, without altering the weapon. It should remain undisturbed until the weapon is collected. Control Number: 109.00.01.001 1.0 Title: Use of Force Page Number: 14 of 27 Idaho Department of Correction d) Loose weapons or instruments that belong to the suspect or the involved officer(s) must be left in place if the scene is secure and it is possible to place a guard on the weapon. If the scene is not secure, safeguard the items, but do not alter them. Alteration includes “making a weapon safe”; this must not be done unless it is impossible to safeguard the weapon in any other way. Notify the supervisor upon their arrival of the location of all weapons and any alterations made to them. e) When possible, involved officers should digitally record dying declarations, spontaneous statements, contemporaneous statements, or statements of then existing or previous mental or physical states. f) Maintain proper evidence keeping and recording procedures at all times. 5) Brief the first arriving supervisor of the nature of the incident and actions taken. Identify involved staff, assisting staff, and witnesses. Advise them of the need for future law enforcement action or activity. 6) Upon request, surrender all weapons (including backup weapons) or equipment used in the incident or in the staff member’s possession at the time of the incident. 7) Aside from the information that must be provided to the supervisor, an involved staff member must avoid discussing the incident with anyone until interviewed by the assigned CITF investigator (or state/local investigator if there is no CITF presence), except: a) When briefing the responding supervisor; and/or b) When speaking with a clergymen, psychologist, or legal counsel in one-on-one sessions. c) No involved officer will participate in any group debriefings or group therapy sessions until the formal interview with CITF/assigned investigator is complete. 8) Complete a Use of Force Report and submit it to their immediate supervisor. This may be delayed until interviewed by the law enforcement agency assigned to the investigation. 9) Cooperate fully with the CITF, local, and/or State law enforcement agency conducting the lethal force investigation. Cooperate with staff conducting the administrative investigation. d. On-Scene Supervisor The on-scene supervisor must do the following: 1) Care for involved staff. 2) Coordinate aid and medical care for any person involved in the lethal force incident. 3) Confirm the scene is secure and ensure it remains secure. Control Number: 109.00.01.001 1.0 Title: Use of Force Page Number: 15 of 27 Idaho Department of Correction 4) Contact the facility shift commander, CRC manager, or district manager. The facility shift commander must immediately contact the facility head. 5) Account for all involved staff and equipment. 6) Provide detailed information to complete both a 105 Incident Report and a Use of Force Report. e. Facility Head/District Manager Responsibilities The facility head or district manager must do the following: 1) Contact the division chief or deputy chief. 2) Respond to the scene (if feasible). 3) Address the concerns of all staff involved. 4) If not already in route to or present on scene, identify the lead investigating law enforcement agency and make contact. 5) Refer lead investigating law enforcement agency to the IDOC SIU, who will be the liaison for the case and conduct an administrative investigation into the use of force. 6) Assign a point of contact to handle all staff inquiries. 7) All media inquiries are to be referred to the IDOC public information officer who will coordinate with the CITF and/or local/State law enforcement agencies. f. Division Chief or Deputy Chief Responsibilities 1) Contact the director and deputy director of IDOC. 2) Contact the Critical Incident Stress Management (CISM) Team representative to begin critical incident stress defusing and debriefing. 3) Address the concerns of involved staff and their family members. g. What OIS Staff Member Can Expect Any staff involved in the lethal force incident can expect: 1) To surrender the weapon(s) or implements used during the critical incident to the lead investigating law enforcement agency. 2) Clothes and UOF gear may need to be surrendered as well. 3) That a new weapon will be provided, and that the officer will need to qualify with the new weapon at the earliest opportunity. 4) To brief the on-scene supervisor. The questions should be limited to: a) The type of force used by the staff member and suspect(s). b) The direction and approximate number of shots fired by the staff member and suspect(s). c) The number and location of any injured person(s). Control Number: 109.00.01.001 1.0 Title: Use of Force Page Number: 16 of 27 Idaho Department of Correction d) The description of any fleeing suspect, the mode and direction of travel, time elapsed since they fled, and any weapons that were available to them. e) The description and location of any known individuals requiring medical attention. f) The description and location of any known witnesses. g) The description and location of any known evidence. h) Any additional information that would help ensure the safety of pursuing staff, officers, and the public, and assist in apprehension of any suspect(s). 5) Involved staff member(s) will be separated and interviewed by CITF staff or other assigned investigators. It is not uncommon for hotels or other locations with a variety of rooms to be utilized during the process. 6) After the initial interview a follow-up interview will be scheduled. 7) Involved staff members can expect to be driven home after the initial interview. 8) The criminal and administrative investigations will take 6-18 months to conclude. 9) Involved staff member(s) have the right to consult with legal counsel before making any statements. a) Staff member(s) who are members of the Fraternal Order of Police (FOP) will have access to the FOP attorney or may seek legal counsel of their own choosing, at their own expense. b) Staff member(s) who are not members of FOP have the option of: i. Being provided with an IDOC selected attorney not associated with the Deputy Attorney General’s Office, for the sole purpose of protecting the staff member’(s) rights during the initial and follow-up criminal investigation interview. IDOC will cover the expense of legal counsel for the initial and follow-up interview, unless or until it is determined that the staff member did not act within the course and scope of their duties. If it is determined the staff member did not act within the course and scope of their duties, they will be responsible for the cost of the attorney. ii. Seeking legal counsel of their own choosing, at their own expense. 10) To be required to submit to a drug test. This may or may not happen depending on the investigating agency. An involved staff member has the ability to request a drug test if they wish. 11) To be placed on administrative leave with pay (ADT). This may last for a week or longer depending on the situation. Control Number: 109.00.01.001 1.0 Title: Use of Force Page Number: 17 of 27 Idaho Department of Correction 12) To be required to complete a post-crisis psychological closure process (i.e., critical incident stress debriefing or mandatory Employee Assistance Program (EAP) referral). This is not a fitness for duty test requirement. Instead, it is to ensure the officer feels mentally capable of resuming employment duties. 13) To have frequent contact from leadership or a designee such as an HR representative or IDOC’s Staff Wellness Coordinator for a period of time. This is to ensure involved officers avoid the feeling of being isolated or alone, and the frequency will be determined by needs of the officers involved. 14) To be provided with wellness/mental health options or referrals. 15. Duty to Intervene During the course of their duties, a staff member must intervene in and notify their supervisor if they witness any staff member or member of another law enforcement agency engage in an unreasonable UOF, or if they become aware of any violation of departmental policy, state or federal law, or local ordinance regarding a use of force. a. Security staff must intervene by taking all necessary actions, including, but not limited to: 1) Using verbal persuasion and/or commands. 2) Moving between and separating the staff member or law enforcement officer and the subject. 3) Physically restraining the staff member or law enforcement officer. b. Non-security staff may intervene verbally but should not attempt physical intervention. c. Any required intervention or knowledge of misconduct must be reported to a supervisor by the staff member as soon as is safely possible, but no later than the end of shift. 16. Reporting Use of Force Incidents Use of force reports should be comprehensive and address only what the officer knew, observed, or believed at the time of the incident. Any facts or information obtained after the incident should not be included in the initial use of force report but should instead be documented in a supplemental report. a. In a facility setting, use of force incidents require implementing the Incident Command System (ICS) immediately. b. District staff must notify their immediate supervisor of any category 1 UOF at their earliest convenience, but no later than the end of their shift. c. District staff must notify their supervisor as soon as possible following all category 2 and category 3 UOF incidents, but no later than the end of their shift. d. Involved staff and supervising staff must complete a Use of Force Report following a UOF. Supervising staff must complete a 105 Incident Report following a UOF. Control Number: 109.00.01.001 1.0 Title: Use of Force Page Number: 18 of 27 Idaho Department of Correction e. Staff may watch video (e.g., body-worn camera, security footage) of the incident prior to writing their reports. f. Staff must articulate the details of the incident, identify the type of force used, explain why it was used, and describe the need for continued use of force. Example, each cycle of an ECW, round fired from a weapon after initial use, or each strike of force. g. Staff must complete and submit the Use of Force Report to their supervisor prior to the end of their shift. h. The following additional procedures apply: 1) Each staff member who uses force must submit a separate written Use of Force Report. The staff must articulate, in specific detail, the facts and circumstances surrounding the force used. 2) Any staff member who witnessed a UOF must advise their supervisor and submit an information report. 3) If staff used force on more than one subject during the incident, they must complete a separate Use of Force Report for each subject. The exception is in a facility setting where multiple uses of force occur during a single incident that results in a criminal investigation. Example: a group disruption. 4) If a staff member is unable to complete the report due to injury or illness, the staff member must complete the report as soon as possible. 5) Each Use of Force Report must be reviewed by the supervisor. i. All Use of Force Reports must specify the actions of the suspect that necessitated the use of force, the level of resistance encountered, as well as any suspect or staff complaints of injury, medical treatment received, or refusal of medical treatment. j. If the subject is transported by other IDOC staff, another law enforcement agency, or emergency medical services, staff must notify the transporting individuals that force was used on the subject and/or any complaints of injury or pain. k. Any staff who engages in or witnesses a UOF but fails to notify a supervisor or complete the report as outlined by this policy, is subject to disciplinary action up to and including termination. 17. Supervisor Administrative Review of Use of Force Incidents a. The Department must conduct a thorough, fair, timely and objective review of any use of force, including ensuring that staff provide a complete and accurate account of the facts surrounding the use of force. b. The review should identify any policy, operations, equipment, training, staff-safety, and accountability concerns. 1) All uses of force will be reviewed by the appropriate supervisor and documented on the Use of Force Administrative Review form with all requisite steps being performed. Control Number: 109.00.01.001 1.0 Title: Use of Force Page Number: 19 of 27 Idaho Department of Correction 2) Category 2 uses of force will also be reviewed by the facility head/district manager and the deputy division chief. Both levels of review will be documented on the Use of Force Administrative Review form. Division leadership or the director’s office may also refer a Category 2 use of force for Serious Incident Review. 3) Category 3 uses of force will also be reviewed by the Force Review Board. 18. Force Review Board a. The Force Review Board (FRB) operates in a risk management context to improve the department’s response to critical incidents, to make modifications to the agency’s practice or procedure, and to ensure proper training of staff that will help avoid identified problems in the future. b. The FRB will consist of: 1) Deputy director, 2) Chief of Probation & Parole. 3) Chief of Prisons. 4) SIU chief investigator. 5) A UOF subject matter expert who has knowledge of current best practices and standards, such as a current or past UOF instructor or a UOF subject matter expert identified by the deputy director. 6) A firearms subject matter expert (if applicable) who has knowledge of current best practices and standards, such as a current or past firearms instructor, or an internal/external expert identified by the deputy director. 7) An instructor from Training & Development responsible for providing UOF training. 8) IDOC legal counsel. c. The FRB will convene within 30 days after the conclusion of any internal administrative investigation and/or the external OIS investigation. The FRB will review the UOF documentation, assess compliance with policy and procedures, and make recommendations on policy and procedure, operations, training, equipment, disciplinary action, or commendations needed, or related matters within 15 days of the UOF review. d. At the conclusion of the review, the FRB will document their findings on the Force Review Board Findings and forward the document to the appropriate division chief and Human Resources (if necessary) for follow up actions needed and retention purposes. The division chief has the responsibility of disseminating findings from the FRB to all managers within their division, and reporting the findings to the Core Leadership Team. The FRB will fulfill the role of a Serious Incident Review panel. 19. Use of Force Requirements for Probation and Parole a. Operations Involving Law Enforcement and Special Operations Units Control Number: 109.00.01.001 1.0 Title: Use of Force Page Number: 20 of 27 Idaho Department of Correction In the course and scope of their duties, department staff may be assigned, asked, or required to operate in close cooperation with law enforcement and special operations units. Law enforcement and special operations units undergo intense, highly specialized training that is above and beyond the operational training and ability of department staff. As a result, department staff may assist law enforcement and special operations units but only to the level of authority, training, and experience the specific staff member has (e.g., warrant/search authority). In general, staff must maintain perimeter or outside support status until entry has been made and the residence or building is declared secure by the law enforcement or special operations unit team leader. b. Operations Presenting Imminent Risk Upon occasion, in the course and scope of their duties, PPOs may encounter a situation that presents an imminent danger to staff, clients, or other persons. Imminent danger involves exigent circumstances created by a set of facts that reveal a compelling need to take immediate action. Before acting on imminent danger, the department staff member must have an articulable reason that the totality of the circumstances establish an immediate risk of great bodily harm or a threat or danger to life of staff, clients, or other persons and local law enforcement is not present and available or able to provide an immediate tactical response. In these limited situations, where the PPO has an articulable concern for the life of staff, client(s) or others, departmental staff may take appropriate steps to meet and reduce the identified risk , including making a forced entry into a client’s residence or other physical premises to preserve life or mitigate harm (e.g., a subject is observed through a window to be choking, or suffering from a suspected overdose) . 20. Use of Force Requirements for Prisons a. Reactive Use of Force If a reactive use of force action is necessary, use the following steps: Functional Roles and Responsibilities Step Tasks Staff Member 1 If practical, before force is used, give the resident verbal instructions to comply. Staff Member 2 If the resident complies with the verbal instructions, do not use force as long as the resident continues to comply and allows restraints to be applied, if required. 3 If the resident refuses to comply, only apply the type and amount of force needed to gain and maintain control of the resident. Staff Member 4 When it is safe to do so, provide verbal notification of the use of force to the shift commander. Control Number: 109.00.01.001 1.0 Title: Use of Force Page Number: 21 of 27 Idaho Department of Correction Functional Roles and Responsibilities Step Tasks Complete Use of Force Report before the end of shift and submit to the shift commander. Shift Commander 5 If it appears a crime or serious IDOC rule violation has occurred, secure the area as a crime scene, and contact the appropriate law enforcement agency and IDOC investigative authority. Shift Commander 6 • Visually check the resident before the end of shift. • Ensure that medical staff checks the resident. • Brief the facility head or facility duty officer about the use of force action. Shift Commander 7 Before the end of shift: • Complete a 105 Incident Notification Report. • Ensure that all staff members involved in the force incident complete a Use of Force Report. • Ensure staff members who witnessed the use of force incident complete Information Reports. • Document the incident in the correctional management system under C-notes. • Review the Use of Force Reports. • Complete Use of Force Supervisory Review Form to include information regarding the shift commander ’s observation of the resident following the use of force action. Notify the clinician or if no clinician is onsite, notify the clinical supervisor or on-call clinician by telephone, giving the resident’s name and any description of behavior that might be relevant. Clinician (or Clinical Supervisor or On-call Clinician) 8 If the resident has a mental health diagnosis or has displayed behavior that warrants follow up, see the resident within 24 hours of the use of force incident. Shift Commander 9 Forward all use of force documentation to the shift commander of the next shift. Shift Commander of the Next Shift 10 Visually check the resident and complete the applicable section of the Use of Force Administrative Review Form If working: 8-hour schedule, within 9 hours of the UOF Control Number: 109.00.01.001 1.0 Title: Use of Force Page Number: 22 of 27 Idaho Department of Correction Functional Roles and Responsibilities Step Tasks 10-hour schedule, within 11 hours of the UOF 12-hour schedule, within 13 hours of the UOF 11 Forward all use of force documentation to a designated deputy warden Deputy Warden 12 On the next business day, conduct a face-to-face interview with the resident and complete the appropriate section on the Use of Force Administrative Review Form. At facilities with a captain position, the deputy warden can delegate this step to the captain. 13 Forward all use of force documentation to the facility head. Facility Head 14 Review the use of force documentation packet and complete the appropriate section of the Use of Force Administrative Review Form. Facility Head 15 Within five business days of receiving the use of force documentation packet, make copies of all documentation and forward the entire packet to the applicable division chief or deputy chief. Division Chief or Deputy Chief 16 Within 10 working days of receiving the use of force documentation packet, review the packet and request additional information if needed. 17 Provide the facility head with feedback and take corrective or disciplinary action as needed. Control Number: 109.00.01.001 1.0 Title: Use of Force Page Number: 23 of 27 Idaho Department of Correction b. Planned Use of Force When a situation requires a planned use of force action, the following requirements must be met: 1) If available, the shift commander must use resources such as skilled staff to de- escalate the situation. 2) If the situation and circumstances allow, the shift commander must personally attempt to de-escalate the situation. 3) The shift commander must approve any planned use of force action. 4) Planned use of force actions must be carried out under the direction of a designated planned-action supervisor. 5) Every planned use of force action must be video recorded, to include a verbal warning to comply with orders. Video recordings of the action must include all information provided on the Planned Use of Force Worksheet and Narrative. 6) Each planned use of force action must be planned and documented individually, ensuring one planned use of force action per video recording. These recordings must be stored securely and maintained for at least four years. After four years, the deputy attorney general assigned to the IDOC must be consulted regarding the recording’s disposal. 7) In the event a resident complies with verbal orders, force must not be used as long as the resident continues to cooperate. Staff should continue with the process until reaching the plan objective. Staff members who witnessed the situation that required the planned use of force and the planned-action supervisor must complete Information Reports – even if force was not used. 8) In a planned use of force action where lethal force is being considered, if time and circumstances permit, the shift commander must consult with the director of the IDOC or the chief of the division of prisons or designee. In a planned use of force action, do the following: Functional Roles and Responsibilities Step Tasks Shift Commander 1 Approve a planned use of force action. If lethal force is being considered, and time and circumstances permit, also consult with director of the IDOC or chief of the division of prisons or designee. 2 Appoint a planned-action supervisor to directly supervise the use of force action. Control Number: 109.00.01.001 1.0 Title: Use of Force Page Number: 24 of 27 Idaho Department of Correction Functional Roles and Responsibilities Step Tasks Planned-Action Supervisor 3 • Assemble a use of force team. • Ensure a video camera is ready for use. • Complete Planned Use of Force Worksheet and Narrative. If the situation and circumstances permit, review the worksheet with the shift commander. Shift Commander 4 • Review the Planned Use of Force Worksheet and Narrative and approve or modify it. • If time permits, have the planned-action supervisor and use of force team rehearse the plan. • Give the planned-action supervisor any final instructions. Planned-Action Supervisor 5 • Ensure the use of force team receives the proper equipment. • If time permits, have the planned-action supervisor and use of force team rehearse the plan. • Give the planned-action supervisor any final instructions. Planned-Action Supervisor 6 • Read the approved Planned Use of Force Worksheet and Narrative while being videotaped. • Instruct members of the use of force team to remove their helmets and gas masks, introduce themselves, and describe their roles or duties while being videotaped. • State that the camera will be turned off while the team relocates to situation area. Planned-Action Supervisor 7 • Ensure the camera is on and operating properly once the team reaches the situation area. • Read the planned-action supervisor narrative (see Planned Use of Force Worksheet and Narrative) • Before force is used, give the resident verbal instructions to comply. • If resident complies with the verbal instructions, do not use force as long as the resident continues to comply and allows restraints to be applied. Control Number: 109.00.01.001 1.0 Title: Use of Force Page Number: 25 of 27 Idaho Department of Correction Functional Roles and Responsibilities Step Tasks • If the resident refuses to comply, ensure the use of force team uses only the type and amount of force needed to gain and maintain control of the resident in accordance with the worksheet and this SOP. If the resident stops resisting and complies with the verbal instructions, stop the application of force, except completing the application of restraints. • Ensure that medical staff checks the resident. • Provide an opportunity for the resident to make a statement on video before ending the video recording. 8 • Provide verbal notification to the shift commander that the goal has been accomplished. • Forward the Planned Use of Force Worksheet and Narrative to the shift commander. Planned-Action Supervisor 9 Before the end of shift: • Ensure that all team members involved in the planned use of force action, complete a Use of Force Report. • Ensure staff members who witnessed the use of force situation complete Information Reports. • Debrief with the team. • Complete Use of Force Supervisor Report. • Collect the video tape, Use of Force Reports, and Information Reports. • Forward all of the Use of Force Reports, Information Reports, the video, the Use of Force Supervisor Report, and the Planned Use of Force Worksheet and Narrative to the shift commander. Document the incident or use of force action in the resident management system under C-notes. Shift Commander 10 If it appears a crime or serious IDOC rule violation has occurred, secure the area as a crime scene, and contact the appropriate law enforcement agency and IDOC investigative authority. 11 Before the end of shift, complete a 105 Incident Notification Report. Control Number: 109.00.01.001 1.0 Title: Use of Force Page Number: 26 of 27 Idaho Department of Correction Functional Roles and Responsibilities Step Tasks Shift Commander 12 • Visually check the resident before the end of shift. • Contact the facility head or facility duty officer about the use of force action. • Ensure that the planned-action supervisor completes use of force documentation. Shift Commander 13 • Review all documentation provided by Planned- Action Supervisor. • Complete Use of Force Administrative Review Form to include information regarding the shift commander ’s observation of the resident following the use of force action. • Notify the clinician or if no clinician is onsite, notify the clinical supervisor or on-call clinician by telephone, giving the resident’s name and any description of behavior that might be relevant. Clinician (or Clinical Supervisor or On-call Clinician) 14 If the resident has a mental health diagnosis or has displayed behavior that warrants follow up, see the resident within 24 hours of the use of force action. Shift Commander 15 Forward all use of force documentation to the shift commander of the next shift. Shift Commander of the Next Shift 16 Visually check the resident and complete the applicable section of the Use of Force Administrative Review Form If working: 8-hour schedule, within 9 hours of the UOF 10-hour schedule, within 11 hours of the UOF 12-hour schedule, within 13 hours of the UOF 17 Forward all use of force documentation to a designated deputy warden (or second in command). Deputy Warden 18 On the next business day, conduct a face-to-face interview with the resident and complete the appropriate section on the Use of Force Administrative Review Form. At facilities with a captain position, the deputy warden can delegate this step to the captain. 19 Control Number: 109.00.01.001 1.0 Title: Use of Force Page Number: 27 of 27 Idaho Department of Correction c. Medical Attention 1) Following all use of force actions, medical staff must examine and provide necessary medical care to residents and emergency medical care to staff. 2) Residents must be under constant supervision until examined by medical staff. Medical staff must submit an Information Report before going off-shift. 3) If a staff member sustains an injury, the staff member must be treated by the facility medical staff or sent to a local emergency room for care. H. REFERENCES 1. SOP 105.02.01.001, Reporting and Investigation of Major Incidents 2. SOP 205.07.01.001, Corrective and Disciplinary Action 3. SOP 507.02.01.011, Firearms 4. Force Review Board Report 5. Planned Use of Force Worksheet and Narrative 6. Use of Force Administrative Review 7. Use of Force Report 8. Use of Force Supervisory Review – End of Document – Functional Roles and Responsibilities Step Tasks Facility Head 20 Review the use of force documentation and complete the appropriate section of the Use of Force Administrative Review Form. 21 Within five business days of receiving the use of force documentation, make copies of all documentation and forward the entire packet to the applicable division chief or deputy chief. Division Chief or Deputy Chief 22 Within 10 working days of receiving the use of force documentation packet, review and request additional information if needed. 23 Provide the facility head with feedback and take corrective or disciplinary action as needed.