RULE NOS.:RULE TITLES:
33-602.210Use of Force
33-602.211Restraint of Pregnant Inmates
33-602.212Escort Chair
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. 43 No. 63, March 31, 2017 issue of the Florida Administrative Register.
Changes to the rules are made in response to written comments provided by the Joint Administrative Procedures Committee in their correspondence dated April 17, 2017.
THE CHANGES TO THE TEXT OF THE PROPOSED RULE ARE:
33-602.210 Use of Force.
(1) through (2) No change.
(3) Determination of Method of Force (a) If a department or contractor staff member determines that force should be used, he or she must determine which of a variety of methods of force to use or to seek to use. (b) For many of the use of force situations faced by Department staff members and contractor staff, Department rule or policy provides specific guidance as to which method(s) would be authorized or prohibited. However, if Department rule or policy does not provide specific guidance for the use of force situation faced by a Department staff member or contract employee, tThe person pursuing the use of force should pursue a method, or methods, of force that is lawful and they reasonably believe, based on their training and experience, is lawful, is consistent with Department rules and policies, and is most appropriate under the circumstances.
(4) No change.
(5) Use of Chemical Agents.
(a) General.
1. All chemical agents shall be used with caution and in accordance with the manufacturer’s instructions.
2. Authorization for an organized use of force application of chemical agents within an institution may only be given by the warden or designee.
3. Authorization to Use CS instead of OC.
a. No change.
b. The warden or designee may authorize the use of CS as an initial primary chemical agent whenever past applications of OC to an inmate were documented on a use of force narrative report Report of Force Used, Form DC6-230 as having been applied and ineffective. Form DC6-230, Report of Force Used, is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXXXX. The effective date of the form is 12/12_______.
c. The warden or designee may authorize the use of CS as an initial or primary chemical agent during in-cell applications whenever an inmate attempts to deploy a shield, barrier, or obstruction in an obvious attempt to avoid contact with an application of chemical agents. Justification for the use of CS whenever an inmate barricades or presents physical obstructions to counter chemical agent applications shall be noted on the Report of Force Used, Form DC6-230.
4. No Change.
(b) Reactionary use of chemical agents on inmates outside of controlled conditions.
1. Officers may utilize chemical agents for any of the reasons set forth in paragraph (2)(a)1-8 to compel the cessation of an inmate’s violence or resistance to orders. During emergency situations with multiple inmates in an outside area, chemical agents may be applied to quell the disturbance. In reactionary use of force situations, chemical agents are authorized for disbursal in a continuous manner until the moment the inmate(s) become(s) compliant with lawful orders.
2. An inmate shall at no time be removed from his or her assigned cell or placed at an alternate location, have clothing removed, or be restrained for the purpose of chemical agent application. If an officer administers chemical agents while an inmate is handcuffed or wearing restraints, and removal of such restraints was not possible prior to the application, the officer shall record an explanation of the circumstances in the Report of Force Used, Form DC6-230 use of force narrative report .
(c) Use of Chemical Agents on Inmates in Controlled Conditions.
1. The warden or designee shall be consulted and his or her written Authorization for Use of Force, DC6-232 must be obtained for any organized use of force, prior to application of chemical agents. Form DC6-232, Authorization for Use of Force, is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXXXX. The effective date of the form is 09/09. The person who was responsible for submitting the use of force authorization shall prepare, date, and sign the authorization either prior to or immediately after the end of the shift in which force was used. If the authorization for use of force is granted after normal working hours, the authority granting the action shall sign the use of force authorization within one day following the incident, excluding weekends and holidays.
2. When an inmate in a controlled condition creates a disturbance, or the officer’s ability to provide unit security is adversely impacted by an inmate’s behavior, and the inmate refuses to comply with clear and audible orders to cease his or her behavior, the following steps will be followed unless there is an emergency or other circumstances arise that would dictate alternative actions.
a. through c. No change.
d. If the inmate remains non-compliant or continues in his or her behavior that would justify using force and it is evident that the use of chemical agents is necessary to gain control of the inmate while minimizing the risk of injuries to others the housing lieutenant or shift supervisor shall ensure that the following order of events takes place:
(I) No change.
(II) The shift supervisor shall review the Risk Assessment For The Use Of Chemical Restraint Agents And Electronic Immobilization Devices, Form DC4-650B to determine whether the inmate has a medical condition that may be exacerbated by the intended force. Form DC4-650B, Risk Assessment for the Use of Chemical Restraint Agents and Electronic Immobilization Devices, is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXXX. The effective date of the form is 12/12______. If the inmate has a medical risk factor for chemical agents, chemical agents shall not be used on the inmate unless each of the following conditions exists: the inmate possesses a weapon capable of causing great bodily harm or death, the warden or designee approves, and medical staff are present in the housing unit prior to the application of chemical agents. However, if the inmate has a medical risk factor for chemical agents as indicated on the risk assessment, this does not automatically preclude the use of electronic immobilization devices on the inmate. Medical staff shall be consulted about physical conditions of an inmate that may be aggravated by the application of chemical agents unless safety concerns prevent prior consultation.
(III) through (IX) No change.
e. Protocol following a third application of chemical agents.
(I) The warden or designee shall be consulted to evaluate further responses. Additional Report of Force Used, Form DC6-230 shall be used to document the incident. The shift supervisor shall ensure all use of force applications are properly documented in a use of force narrative report Report of Force Used, Form DC6-230.
(II) No change.
f. No change.
(6) Use of Less-Lethal Weapons.
(a) Less-lethal weapons may be used in either reactionary or organized uses of force.
(b) The use of electronic immobilization devices (EIDs), batons, the types of chemical agents mentioned in this section, specialty impact munitions, or other less-lethal weapons within institutions shall be authorized, only by the warden or designee, when their use is necessary, their use would comport with the other provisions of this rule, and the use of the chemical agents referenced elsewhere in this rule would be either inappropriate or ineffective. Such weapons shall be utilized by officers who have completed the Department’s standard training on their use and shall be used in accordance with manufacturer specifications.
1. EIDs.
a. through b. No change.
c. Prior to any organized use of force of the type described in sub-sub-subparagraph (6)(b)1.b.(II) above, the shift supervisor shall review the Risk Assessment For The Use Of Chemical Restraint Agents And Electronic Immobilization Devices, Form DC4-650B to determine whether the inmate has a medical condition that may be exacerbated by the intended force. If the inmate has a medical risk factor for EIDs, they shall not be used on the inmate unless each of the following conditions exists: the inmate possesses a weapon capable of causing great bodily harm or death, the warden or designee approves, and medical staff are present in the housing unit prior to the application of EIDs. However, if the inmate has a medical risk factor for EIDs, this does not automatically preclude the use of chemical agents on the inmate. Medical staff shall be consulted about physical conditions of an inmate that may be aggravated by the application of EIDs unless safety concerns prevent prior consultation.
2. No change.
3. Pepperball Launching System (PLS). Subject to the other provisions of this rule and Department policy, tThe PLS shall be used instead of aerosol-type chemical agents when aerosol-type chemical agents would not be effective due to weather conditions or when their use could subject the officer or uninvolved inmates to injury. The PLS shall be used only by restricted labor squad supervisors and exercise officers for confinement, close management, maximum management, and death row populations. The PLS shall only be employed by officers who have completed the Department’s standard trained in their use and effects.
a. through c. No change.
4. No change.
(7) Use of Deadly Force.
(a) Use of Deadly Force. Except as set forth elsewhere in this subsection, an officer is authorized to use deadly force only when the officer believes that such force is necessary to prevent imminent death or great bodily harm to him or herself or another.
1. No change.
2. Firearms or weapons shall be issued to an officer only upon instructions of the warden or designee, chief of security, or shift supervisor by the arsenal officer or the officer designated to issue weapons. Officers shall not intentionally discharge a firearm loaded with lethal ammunition—as opposed to less-lethal ammunition—at or in the direction of another person except under the following circumstances and after all reasonable non-lethal alternatives have been exhausted, and there is no reasonable danger to innocent bystanders:
a. through b. No change.
c. To prevent imminent death or great bodily harm; or
d. No change.
3. Subparagraph (7)(a)2. shall not be read to say that there are always reasonable non-lethal alternatives to the intentional discharge of firearms loaded with lethal ammunition In many circumstances there is no such alternative.
4. through 6. No change.
(b) Because helicopters or other aircraft may be used during an escape or assault, the following policy shall apply:
1. through 6. No change.
7. If weapons are fired from an aircraft, Department personnel are authorized to return fire and use deadly force to protect themselves and others upon property of the institution from imminent death or great bodily harm.
8. through 9. No change.
(c) through (d) No change.
(e) Post-Firearm Discharge Protocol.
1. In addition to the any applicable post-use of force protocol set forth in subsection (9) of this rule, Department officers shall comply with the following protocol after a firearm is discharged. Any officer who discharges a firearm shall complete a Use of Force Incident Report, Form DC6-210A. Form DC6-210A, Use of Force Incident Report is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXXXX. The effective date of the form is ________ use of force detailed narrative report. Any officer who has fired a weapon during the performance of his or her duty shall, upon the conclusion of the event giving rise to the discharge of the firearm, immediately as soon as is reasonably possible notify his or her supervisor. Such shift supervisor shall immediately as soon as reasonably possible after learning of such an incident, have the scene secured and notify the Office of Inspector General. The senior officer in charge at the scene of the incident shall ensure all evidence is undisturbed, including locations of empty cartridges, until processed by a law enforcement agency or the Office of Inspector General.
2. Any officer who accidently or negligently discharges a Department firearm or any firearm upon institutional property shall immediately report the incident to the warden or designee without unnecessary delay and shall complete a Use of Force Incident Report, Form DC6-210A use of force detailed narrative report.
(8) Use of Force Considerations and Protocol Unique to Inmates in Mental Health Treatment Settings.
(a) No change.
(b) Batons, chemical agents, EIDs, specialty impact munitions, and other authorized less-lethal weapons shall not be used on inmates who are housed in isolation management rooms or observation rooms for the purpose of mental health services, assigned to inpatient mental health care in an infirmary, transitional care unit, crisis stabilization unit, corrections mental health institution, or other mental health treatment facility, as such facilities are defined in Rule 33-404.103, F.A.C., except when force reasonably appears necessary to:
1. through 3. No change.
4. Prevent an imminent assault on staff or other inmates;
5. through 8. No change.
(c) through (d) No change.
(e) Use of Psychiatric Restraints.
1. through 2. No change.
3. When the use of psychiatric restraints is authorized, and the inmate does not offer resistance to the application of the restraints, the completion of Form DC6-210, Incident Report, shall be required. Form DC6-210, Incident Report, is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-01697. The effective date of the form is 12-12. The application of the psychiatric restraints will be videotaped. The videotape, Form DC6-210, a written use of force authorization, Form DC4-701C, Emergency Room Record, and Form DC4-708, Diagram of Injury shall also be completed in their entirety with applicable data or the letters “N/A” used to indicate inapplicability and shall be forwarded to the warden or acting warden for review within one working day. Form DC4-701C, Emergency Room Record, is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-01695. The effective date of the form is 12-12. Form DC4-708, Diagram of Injury, is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-01696. The effective date of the form is 10-04-07. Each institution shall retain the reports for the applicable retention period. If at any time prior to or during the application of the psychiatric restraints, the inmate offers resistance to the application, force shall be used, if necessary and justified.
(9) Post-Use of Force Protocol.
(a) Reporting.
1. The warden or designee shall be notified immediately of the use of reactionary use of force without unnecessary delay upon the conclusion of the event giving rise to the use of any time a reactionary use of force incident occurs.
2. Any time force is used, the staff person initially using force shall complete Report of Force Used, Form DC6-230 a use of force narrative report. The completed report must contain a clear and comprehensive narrative of the circumstances that led to the use of force, the specific justification and necessity for the use of force, and a description of the actual events that occurred as well as the post-event actions. If more than one staff member was involved in the use of force, the initial staff member using force shall complete the Report of Force Used, Form DC6-230 use of force narrative report. All participants who agree with the initial staff member shall sign the Report of Force Used, Form DC6-230. Any participant who objects to information recorded by the reporting staff member or who has additional observations to add to the narrative or description of the incident written by the reporting staff member shall complete a Report of Force Used, Form DC6-230 use of force narrative report and attach it to the Report of Force Used, Form DC6-230 use of force narrative report completed by the staff member initially using force. To provide additional detail, each participant in the use of force shall also complete their own Use of Force Incident Report, Form DC6-210A, use of force detailed narrative report and each such report shall be attached to the Report of Force Used, Form DC6-230 use of force narrative report that was written by the person initially using force. However, if a participant writes his or her own use of force narrative report Report of Force Used, Form DC6-230, his or her Incident Report, Form DC6-210A, use of force detailed narrative report shall be attached to their own Report of Force Used, Form DC6-230 use of force narrative report. All use of force narrative report Report of Force Used, Form DC6-230 and Incident Report, Form DC6-210A, use of force detailed narrative report shall be placed in one folder or binder.
3. A Report of Force Used, Form DC6-230 use of force narrative report shall be completed by those staff involved in any application of force, reactionary or organized, that occurred during their shift. This Report of Force Used, Form DC6-230 use of force narrative report shall be completed no later than the end of the shift during which the use of force occurred, or within 24 hours of the use of force incident. All reports must be typed. No Report of Force Used, Form DC6-230 use of force narrative report may be altered, changed, or destroyed by any employee. However, staff members may submit amendments to a report at any time with authorization from the warden or designee. In such situations, the original report itself shall remain intact and shall remain as part of the file; an amendment—a separate document—shall be added to the file. The warden or designee shall then appoint a staff member of equal or higher rank than those involved in the use of force incident to collect all pertinent information and required documentation. This information shall include the reports of all involved staff who do not agree with the account as reported in the Report of Force Used, Form DC6-230 use of force narrative report or the statements of staff witnesses, inmate witnesses, or the inmate subject. Any employee who witnesses but does not participate in a use of force and suspects inappropriate action shall complete Incident Report, Form DC6-210A, use of force detailed narrative report. The warden shall ensure that Form DC4-701C, Emergency Room Record, and Form DC4-708, Diagram of Injury, are included in the review of all uses of force and also forwarded with the rest of the required documentation to the Office of the Inspector General – Use of Force Unit. The Office of Inspector General field offices within each region shall provide the institutions, via electronic mail, with a use of force number once one is assigned and entered into the Office of Inspector General electronic logging system.
4. Form DC6-112C, Witness Statement, shall be completed by the inmate whom force was used upon within three (3) working days of the use of force incident. Form DC6-112C is incorporated by reference in Rule 33-601.313, F.A.C. This statement shall be obtained by a staff member who was not involved in the use of force or assigned to the shift on which the use of force occurred. If the inmate refuses to sign the statement the inmate’s refusal shall be witnessed by two staff members. In instances where the force occurred outside of controlled conditions, the uninvolved staff member assigned to obtain witness statements shall interview a random sample of the inmate witnesses and provide them with the opportunity to submit a written statement on Form DC6-112C Form DC6-112C is incorporated by reference in Rule 33-601.313, F.A.C.
5. Any accidental or incidental discharge of a chemical agent by a staff member within any institution shall be recorded in a Use of Force Incident Report, Form DC6-210A.
6. The application of force by an EID or less-lethal weapon shall be reported by completion of a Report of Force Used, Form DC6-230 use of force narrative report by the staff member who deployed the device.
7. In any case where specialty impact munitions are deployed, the incident shall be recorded on a Report of Force Used, Form DC6-230 use of force narrative report.
8. Any time a witness of a reported use of force chooses to make a written statement, or is a use of force participating staff member and chooses to provide information not included in the reporting staff member’s initial Report of Force Used, Form DC6-230 use of force narrative report, such person shall complete a Report of Force Used, Form DC6-230 use of force narrative report of their own. No employee may interfere with or obstruct such reporting or order any participant or witness involved in the use of force to alter, change, or not produce a written report of an incident in which the employee was involved or which he or she observed.
9. Any employee who witnesses, has reasonable cause to suspect, or has knowledge that any inmate has been a victim or subject of an unlawful battery or has been abused in violation of law or the Department’s administrative rules shall immediately without unnecessary delay submit a Incident Report, Form DC6-210A, use of force detailed narrative report to the warden or designee describing his or her observations, knowledge, or suspicion. No employee shall commit a battery on or engage in cruel or inhumane treatment of any inmate. The warden or designee shall forward a copy of all reports involving allegations of inmate abuse, neglect, or battery to the Office of Inspector General without unnecessary delay.
10. Staff members may use reasonable hands-on force to restrain an inmate, upon supervision and direction of a physician or medical practitioner, for the purpose of providing necessary treatment to protect the health of others or to satisfy a duty to protect an inmate against self-inflicted injury or death. The attending qualified health care provider who directs or observes medically necessary use of force shall prepare a written authorization to use force. Staff members who use force pursuant to a physician or medical practitioner’s request shall prepare a Report of Force Used, Form DC6-230 use of force narrative report and a Incident Report, Form DC6-210A, use of force detailed narrative report when actual force is used, or Form DC6-210 when restraints are applied with no physical resistance by the inmate, and the reports shall be forwarded to the warden. Any report required in the preceding sentence shall be completed and forwarded to the warden immediately upon the conclusion of the incident giving rise for the use of force without unnecessary delay.
11. Any application of chemical agents within an institution shall be documented in a Report of Force Used, Form DC6-230 use of force narrative report. Any staff member who uses chemical agents shall record the following in the Report of Force Used, Form DC6-230 use of force narrative report:
a. through g. No change.
(b) Decontamination and Monitoring After Chemical Agent Exposure.
1. Inmates who have been exposed to any chemical agent shall be constantly monitored by a staff member or officer for no less than one (1) hour after application. The affected inmate shall remain in a standing or sitting position. The monitoring staff members or officers shall immediately seek medical attention by the appropriate medical staff or competent medical authority any time signs of respiratory distress, labored breathing, excessive or persistent coughing, or chest or arm pain are evident or if unconsciousness occurs or other signs of medical distress are observed. The absence of medical staff on scene does not preclude taking action as an emergency responder. The shift supervisor shall summon a medical staff member to the physical location of an inmate who has been exposed to a chemical application.
2. All inmates exposed to chemical agents shall be ordered to shower in cool water and change inner and outer garments within 20 minutes from the last application of chemical agents, unless there is a documentable emergency resulting in an extension of this time frame. The shift supervisor or confinement lieutenant shall record the decontamination activities in a Incident Report, Form DC6-210A, use of force detailed narrative report and on Form DC6-229, Daily Record of Special Housing. Form DC6-229 is incorporated by reference in Rule 33-601.800, F.A.C.
3. No change.
4. If the affected inmate refuses to participate in a decontamination shower, a second order shall be given by the shift supervisor. Inmates are not allowed to refuse a shower or refuse the decontamination of their cell after exposure to chemical agents. The shift supervisor shall record in an Incident Report, Form DC6-210A, use of force detailed narrative report that a second order was administered and the inmate refused to comply. The shift supervisor shall submit Form DC6-112F, Disciplinary Report Worksheet, for processing. Form DC6-112F is incorporated by reference in Rule 33-601.313, F.A.C.
5. through 11. No change.
(c) Medical Attention Following Use of Force.
1. Medical Attention for Inmates Following Use of Force.
a. Appropriate medical treatment shall be provided immediately or, in the case of a riot or other man-made or natural disaster, as soon as possible following resolution of the riot or disaster. Any treatment or follow-up action shall be documented in the Report of Force Used, Form DC6-230 use of force narrative report. A qualified health care provider shall examine any person physically involved in a use of force to determine the extent of injury, if any, and shall prepare a report that shall include a statement of whether further examination by a physician is necessary. Any noticeable physical injury shall be examined by a physician, and the physician shall prepare a report documenting the extent of the injury and the treatment prescribed. Such report shall be completed within one (1) business day of the incident and shall be submitted to the warden for initial review. The qualified health provider and physician shall use Form DC4-701C, Emergency Room Record, to document an examination following use of force. Form DC4-708, Diagram of Injury, shall be used along with Form DC4-701C to document observed or known physical injuries. A copy of the report, including referenced forms, shall be attached to the Report of Force Used, Form DC6-230 use of force narrative report. The original reports shall be filed in the inmate’s medical record.
b. After any use of force, the attending physician or medical practitioner shall complete Form DC4-701C, Emergency Room Record, and Form DC4-708, Diagram of Injury, with applicable data or the letters “N/A” used to indicate inapplicability. The attending physician or medical practitioner shall document the presence or absence of any injury in his or her records whenever force has been applied. Every physical examination of an inmate patient who has been the subject of an application of force shall be documented with specificity by the attending physician or medical practitioner to include extent of injury, type of injury, and a description of any injury. Any time a physician or attending medical practitioner reports reasonable suspicion of abuse of an inmate to the warden or the Office of Inspector General, it shall be recorded in the Use of Force Incident Report, Form DC6-210A.
c. through d. No change.
2. through 3. No change.
(10) Review Requirements.
(a) through (b) No change.
(c) The warden or designee shall review the information and note any inappropriate actions in memorandum and attach the information to the Report of Force Used, Form DC6-230 use of force narrative report. The warden or designee’s signature in the Warden’s Review signature block on the Report of Force Used, Form DC6-230 use of force narrative report indicates that the review of the reports, and videotapes as required, did or did not reveal, in addition to procedural concerns, any indication of excessive, improper, or unnecessary force. All videotape recordings of force applications and the original and one copy of the Report of Force Used, Form DC6-230 use of force narrative report shall be forwarded to the Office of Inspector General within eleven (11) business days. Requests for extensions for Report of Force Used, Form DC6-230 use of force narrative report to be forwarded after eleven (11) days shall require authorization from the Deputy Secretary of Institutions and the Inspector General or designee. Requests for extensions for submission of Report of Force Used, Form DC6-230 use of force narrative report beyond eleven (11) days may be granted if required staff is unavailable for signatures due to extended leave or similar circumstances, e.g., a staff member was injured in the use of force, etc., and major incidents occurring at the institution necessitate an extension, e.g., a riot or other major disturbance, nature disaster evacuation, etc.
(d) The warden shall keep all original completed forms and a copy of the Report of Force Used, Form DC6-230 use of force narrative report until notified that the final review by the Office of Inspector General is complete. All original reports pertaining to a use of force shall be retained by the warden or designee.
(e) No change.
(f) Upon review of the submitted documents, the Office of Inspector General shall notify the warden in writing or by electronic mail of the findings. All video recordings submitted with Report of Force Used, Form DC6-230 use of force narrative report shall be retained and maintained by the Office of Inspector General in accordance with records retention statutes. The Office of Inspector General shall notify the regional director and warden any time a reasonable suspicion or probable cause is found that the force administered by a staff member was not in compliance with law, rule, or procedure. The Office of Inspector General or the warden, upon referral by the Office of Inspector General, shall conduct an investigation of the incident. Any staff member who is a subject of an investigation based on suspicion or allegation that force administered with their participation was not in compliance with this rule shall be notified by written letter when the matter is being investigated by the Office of Inspector General. Staff members shall not disclose or discuss any information concerning a use of force administrative investigation until receiving notice that a determination has been issued by the Office of Inspector General or warden. Wardens shall complete Form DC6-296, Disapproved Use of Force/Warden Disposition Report, should their review of referred cases lead to a determination that force was not appropriately used. All disciplinary actions shall be forwarded to the Human Resources Section upon completion. Form DC6-296, Disapproved Use of Force/Warden Disposition Report, is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-01703. The effective date of the form is 7-25-02.
(g) The Deputy Secretary of Institutions, regional director, or warden shall be responsible for issuing any corrective action pursuant to a finding of non-compliance with this rule. Copies of the employee’s report, the warden’s summary, and the Office of Inspector General review and determination shall be kept in the inmate’s file pursuant to public records retention law. Form DC2-802, Use of Force Log, shall be placed in every employee’s personnel file. Form DC2-802, Use of Force Log, is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-01691. The effective date of the form is 2-7-00. This form shall be maintained by the servicing personnel office and shall contain a record of every Report of Force Used, Form DC6-230 completed by the employee.
(h) The warden or designee shall be responsible for submitting accurate information to the personnel office in order to maintain Form DC2-802. Any Report of Force Used, Form DC6-230 use of force narrative report completed prior to April 15, 1998, shall remain in the file and be retained for the applicable retention period.
(i) through (k) No change.
(l) Any incident that necessitates the drafting of a Report of Force Used, Form DC6-230 shall be submitted to the Emergency Action Center (EAC).
(11) Chemical Agents – Issuance, Storage, and Handling.
(a) through (e) No change.
(f) For those security positions assigned to housing units with a secure officer’s station, an MK-4 sized canister or equivalent OC dispenser will be passed on from shift to shift and accounted for on Form DC6-209, Housing Unit Log, at the beginning of each shift with an entry for each canister indicated by canister number and officer initials who is assigned that canister. Form DC6-209 is incorporated by reference in Rule 33-601.800, F.A.C. Canisters that are not being worn by staff on shifts that have fewer assigned staff will remain in the officer station, stored in a secure, locked cabinet or drawer designated for this purpose. The number of chemical agent canisters assigned to a housing unit shall not exceed the maximum number of staff (officer and sergeant) assigned for the highest staffed shift per the institutional post chart. Any evidence of tampering, broken or missing seal, or signs that the canister is not functional will be immediately reported to the shift officer in charge. Additionally, an Incident Report, Form DC6-210A, use of force detailed narrative report will be completed by the end of the officer’s shift and a replacement of the canister will occur. The canisters will be inventoried and inspected once per week by the arsenal sergeant with appropriate entry placed on the Housing Unit Log.
(g) through (i) No change.
(j) Shift supervisors shall examine the seal of any chemical dispenser reported to be altered, broken, or manipulated and upon confirmation of alteration, breakage, or manipulation shall report the observation on a Incident Report, Form DC6-210A, use of force detailed narrative report. The sergeant in charge of the arsenal shall maintain a master inventory of all individual chemical agent dispensers in storage. The master inventory shall indicate the weight of each dispenser at the time the original seal is attached and shall annotate the weight of the dispenser any time a dispenser is returned with a broken seal on Form DC6-216, Chemical Agent Accountability Log, and replace the seal or attach a new one. The arsenal sergeant shall report any discrepancies in the weight of the dispenser to the chief of security and complete an Incident Report, Form DC6-210A, use of force detailed narrative report.
(k) through (l) No change.
(12) No change.
33-602.211 Restraint of Pregnant Inmates.
(1) Definitions.
(a) Extraordinary circumstance: means that the inmate poses a substantial flight risk or that there is some other extraordinary medical or security circumstance that dictates restraints be used to ensure the safety and security of the prisoner, the staff of the correctional institution or medical facility, other prisoners, the unborn child or the public.
(b) through (c) No change.
(2) through (8) No change.
(9) Staff utilizing restraints on a compliant pregnant inmate under extraordinary circumstances during labor, delivery, or postpartum recovery will document the application of restraints in the inmate’s file on Form DC6-210, Incident Report. If the inmate is noncompliant, the use of restraints will be documented on a Report of Force Used, Form DC6-230 (Form DC6-230), Institutions Report of Force Used. In either case, such documentation shall be prepared within 10 days. Form DC6-230 is incorporated by reference in Rule 33-602.210, F.A.C.
33-602.212 Escort Chair.
(1) through (2) No change
(3) Security staff, upon receiving approval in accordance with subsection (4) of this rule, are authorized to escort inmates meeting the criteria listed in subsection (2) of this rule in an escort chair.
(a) through (e) No change
(f) The inmate shall be removed from the chair upon arrival at the destination and returned to the chair for the return escort. No inmate shall be placed in the escort chair for longer than it takes for such inmate to be taken directly to his or her destination.
(g) If the inmate does not offer resistance to placement into the escort chair, no Report of Force Used, Form DC6-230 shall be completed. the completion of (Form DC6-230), Institutions Report of Force Used, shall not be required. If at any time the inmate offers resistance, proceeding to place the inmate into the escort chair this shall constitute a physical use of force, which shall be conducted pursuant to rule 33-602.210, F.A.C. and the guidelines in subsections 33-602.210(3)-(5), (8)-(12), F.A.C., shall be followed. (Form DC6-230), Institutions Report of Force Used, is incorporated by reference in Rule 33-602.210, F.A.C.
(h) No change
(i) The Warden or the Duty Warden shall forward any instances where he or she is concerned the rules related to escort chair use were not complied with to the Office of the Inspector General for appropriate handling.
(4) In all instances, the Warden or Duty Warden shall be contacted by the Shift Supervisor and shall give his permission prior to use of the escort chair. The Shift Supervisor shall provide the Warden or Duty Warden the rationale for using the escort chair and document it on Form DC6-2068, Escort Chair Inmate Observation Log. Form DC6-2068, Escort Chair Inmate Observation Log, is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-02953. The effective date of the form is 8-13.
(5) No change
(6) For those inmates spitting or expelling bodily fluids on employees or with a documented history of such behavior, a spit net/shield may be placed over the head of the inmate and Form DC6-280, Special Management Spit Shield Status Request, shall be completed in accordance with Department procedure 602.028(1), (3). Form DC6-280, Special Management Spit Shield Status Request, is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-02951. The effective date of the form is 8-13.
(7) through (13) No change
(14) Videotaping of escort chair use shall begin prior to the inmate being removed from his or her cell and shall not end until the inmate is secure back in a cell.
(a) A lead-in statement with the rational for the use of the escort chair shall be provided on camera by the Shift Supervisor, Confinement Lieutenant, or Close Management Lieutenant, which shall include:
1. The date and time;
2. His or her name and rank;
3. The camera operator’s name and rank;
4. The inmate’s name and DC number; and
(b) The video recording shall continuously run until the escort is complete and shall encompass the following:
1. No change
2. The statement from the Shift Supervisor to the inmate that physical force will be used to place placed in the inmate in the escort chair if there is a refusal or resistance;
3. through 4. No change
5. The actual transport to the destination. For medical or mental health treatment this recording, for confidentiality purposes, shall be handled in accordance with rule 33-602.210, F.A.C. subsection 33-602.210(3), F.A.C.;
6. through 11. No change
(15) If the inmate refuses or offers active physical resistance when being placed in the escort chair, staff may utilize the minimum physical force necessary to secure the inmate in the escort chair. (a) The Shift Supervisor shall make a determination whether to cancel the escort or use force to gain the compliance of the inmate for the escort
(b) The Duty Warden shall be consulted and give his permission prior to use of physical force.
(c) In spontaneous use of force incidents when circumstances do not permit prior approval, the Duty Warden shall be notified immediately following any use of force incident.
(d) If force is used all reporting and review requirements outlined in Rule 33-602.210, F.A.C., shall apply.
