33-302.105. Probation and Parole - Use of Force

(1) Physical force shall not be used on offenders under supervision in the performance of duty unless required:

(a) In self-defense or the protection of others; or

(b) To prevent damage to property owned or leased by the department;

(c) To quell a disturbance on property owned or leased by the department;

(d) To overcome physical resistance to application of handcuffs or authorized restraining devices;

(e) To prevent an offender from inflicting injury to herself or himself; or

(f) When assisting law enforcement personnel in the lawful performance of their duties.

(2) Physical force shall be employed only as a last resort when it reasonably appears that other alternatives are not feasible. When use of force is justified, only that amount and type of force that reasonably appears necessary to accomplish the authorized objective shall be used. Force shall not be used solely in response to verbal abuse that does not rise to the level of a physical altercation.

(3) Whenever force is used, the highest ranking official involved or the most senior highest ranking official shall inform the circuit administrator immediately. Whenever force is used, except as provided in paragraph (4)(e), a detailed written report of force used shall be prepared, dated and signed by the initial employee using force. This report shall be completed within one working day (Monday through Friday) of the incident.

(4) Use of Handcuffs.

(a) Officers are authorized to use handcuffs on offenders in the following situations:

1. When there is imminent danger to any individual or the public in general if the offender is not detained immediately;

2. Prior to conducting a search;

3. When law enforcement personnel request assistance in the performance of their duties; or

4. In any other situation that appears to warrant the use of handcuffs if approved by the supervisor prior to the use of handcuffs.

(b) Handcuffs shall be used only by persons authorized by the department and shall only be used for purposes as outlined in this rule. Officers shall receive handcuff training yearly.

(c) No employee will be permitted to use or access handcuffs until he or she has completed the handcuff training provided by the department. Staff who have completed the training are authorized to carry department issued handcuffs upon their person during working hours. Staff who are authorized to carry firearms must have department issued handcuffs on their person when carrying firearms in the field. Nothing in this rule authorizes staff to carry department issued handcuffs while off duty.

(d) In any case in which handcuffs are used with force applied, an accurate record shall be maintained by the circuit administrator as to the location and reason for use, and a factual description of the circumstances and the incident.

(e) When handcuffs are used without resistance, the officer applying the handcuffs shall document the use of handcuffs (without resistance) in the electronic case notes. If handcuffs are used without resistance during a search, the officer shall document the use of handcuffs (without resistance) on a record documenting the results of the search and document the use of handcuffs in the electronic case notes.

(5) Use of Chemical Agents.

(a) Officers shall use chemical agents in accordance with subsection (1) of this rule. Chemical agents shall be used only after all other reasonable efforts to avoid confrontation with a disorderly person or persons or animal posing an immediate threat of bodily harm to an officer have been exhausted. Chemical agents will never be used to punish an offender. Chemical agents will be used when this level of force is the least likely to cause injuries to all parties involved, and when a lesser level of force or persuasion is ineffective.

(b) Chemical agents shall be used only by persons trained by instructors certified by the Florida Department of Law Enforcement, and shall be used only for authorized purposes as outlined in this rule. Officers shall receive training within 6 months after hire and shall receive retraining yearly. Training shall include decontamination procedures.

(c) Chemical agents may be issued to correctional probation staff including clerical support staff who have received training pursuant to paragraph (5)(b). Staff who have received training may carry chemical agents upon their persons during working hours. Nothing in this rule authorizes staff to carry department issued chemical agents while off duty.

(d) Under no circumstances shall chemical agents be used on animals that are not posing an immediate threat to the officer.

(e) In any case in which chemical agents are used, except for training or testing purposes, an accurate record shall be maintained as to what type was used, how much was used, and the location and reason for use, and a factual description of the circumstances and the incident. The employee who used the chemical agent shall complete the report after the incident.

(6) Staff or Offender Injury Sustained During Use of Force Incident.

(a) Medical attention for any injury sustained by staff during an incident involving the use of force shall be sought through Workers’ Compensation, unless injuries warrant the summoning of emergency medical personnel.

(b) When force is used by department staff and the offender is taken into custody by another law enforcement agency, the correctional probation officer shall notify the law enforcement agency with custody of the offender that force was used and that Section 944.35, F.S., requires that a health care provider examine the offender to determine the extent of any injury after any use of force by department employees. The correctional probation officer shall request that such examination be provided by the agency taking custody of the offender. The correctional probation officer shall document details of this report and request in case notes, including any noticeable injury of the offender, the name of the law enforcement officer to whom the report and request were made and any witnesses to the report and request.

(c) When the offender has not been taken into custody after a use of force incident, the correctional probation officer shall advise the offender that he or she must be examined by a health care provider. When there is noticeable physical injury and the extent of the noticeable injury indicates that the offender needs emergency medical services, the correctional probation officer shall call emergency services for the offender as soon as the emergency has been resolved to an extent which allows the officer to leave the scene. Documentation of notification to the offender that a medical examination is required, any express refusal of medical care, and all contacts for medical services by the correctional probation officer shall be included in the written report.

(7) Report of Suspected Offender Abuse.

(a) Any employee who witnesses, or has reasonable cause to suspect, that an offender has been unlawfully abused will immediately prepare an independent report pursuant to Section 944.35(3)(d), F.S.

(b) The report or written communication shall be delivered to the Inspector General’s Office with a copy to the circuit administrator.

(c) If the Inspector General’s investigation finds that a violation of law occurred, the State Attorney within the circuit of that probation office shall be notified by the Office of the Inspector General.

(8) The following forms are hereby incorporated by reference. Copies of these forms are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500.

(a) DC3-210, Community Corrections Report of Force Used, effective 7-22-10.

(b) DC3-225, Community Corrections Incident Report, effective 7-22-10.

Rulemaking Authority 944.09 FS. Law Implemented 944.35 FS. History–New 5-28-86, Amended 8-6-90, 2-15-98, Formerly 33-24.017, Amended 10-2-01, 2-19-03, 8-13-03, 12-6-04, 7-22-10.