Departmental
RULE NO.: RULE TITLE:
33-602.210 Use of Force
SECOND NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 31, No. 46, (11-18-05), and Vol. 31, No. 50, (12-16-05) issues of the Florida Administrative Weekly:
33-602.210 Use of Force.
(1) Non-deadly lethal force. This subsection applies only to non-deadly lethal levels of force; use of deadly force is addressed in subsections (2) and (3). In accordance with Section 944.35, F.S., employees are authorized to apply physical force only when and to the degree that it reasonably appears necessary in order:
(a) through (h) No change.
(2) Use of Deadly Force – General. In accordance with Chapter 776, F.S., A correctional officers is are authorized to use deadly force only when the officer believes that such force is necessary to prevent imminent death or great bodily harm to himself or another, or to prevent the imminent commission of a forcible felony. A forcible felony, as defined by Section 776.08, F.S., includes treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing or discharging of a destructive device or bomb; or any other felony which involves the use or threat of physical force or violence against any individual.
(3) Use of Deadly Force to Prevent Escape or to Recapture Escapee. Generally, correctional officers are authorized to use force, including deadly force, as necessary to prevent the escape of an inmate from a penal institution.
(a) Escape attempts from inside an institutional perimeter where armed perimeter staff are assigned:
1. through 2. No change.
3. Warning shots are only authorized as provided in subparagraphs (3)(a)1. and 2. above. In all other instances where deadly lethal force is authorized during inmate escape attempts, a verbal warning shall be issued if time and circumstances permit.
(b) No change.
(c) Escape attempts by inmates while being transported or escorted outside institutional perimeters, e.g., court appearances, hearings and medical visits, or while being supervised while in a hospital for treatment. Deadly Lethal force is only authorized in accordance with paragraph (1)(c), when the officers are in immediate active pursuit of the escapee. The escape commander will determine when the period of active pursuit has ended. At this point, involvement by correctional officers will be limited to assisting law enforcement officers and deadly lethal force is only authorized for self defense or to defend others against deadly use of force.
(4) through (10) No change.
(11) Any employee who witnesses, or has reasonable cause to suspect, that an inmate has been unlawfully abused shall immediately prepare, date and sign an Incident Report, Form DC6-210, pursuant to Section 944.35(3)(d)(5), F.S., specifically describing the nature of the force used, the location and time of the incident and the persons involved. The report shall be delivered to the inspector general of the department with a copy delivered to the warden of the institution. The inspector general shall conduct an appropriate investigation and, if probable cause exists that a crime has been committed, notify the state attorney in the circuit in which the institution is located. Form DC6-210, Incident Report, is incorporated by reference in subsection (22) of this rule.
(12) through (22) No change.
Specific Authority 944.09 FS. Law Implemented 20.315, 776.07, 944.09, 944.35 FS. History–New 4-8-81, Amended 10-10-83, 9-28-85, Formerly 33-3.066, Amended 3-26-86, 11-21-86, 4-21-93, 7-26-93, 11-2-94, 2-12-97, 11-8-98, Formerly 33-3.0066, Amended 10-6-99, 2-7-00, 7-25-02, 8-25-03, 2-25-04, 11-7-04, 4-17-05, 8-1-05, ________.
