Requirements Governing the Use of OC, Chemical Agents, Specialty Impact Munitions/Distraction Devices, Batons, and Electronic Control Devices
Effective Jan 6, 2023Mass. Register #1486MGL c. 123 MGL c. 124, § 1(b), (c), and (q) MGL c. 127, §§ 33 and 118 MGL c. 140, § 131J MGL c. 268 St. 2018, c. 69Massachusetts Department of Correction
- (1) The Department shall maintain a public policy, consistent with 103 CMR 505.00, containing the requirements governing the use of OC, Chemical Agents, Specialty Impact Devices, Distraction Devices, Batons, and ECDs, titled 103 DOC 509, Chemical Agents, Specialty Impact Munitions/Distraction Devices, Batons, and ECDs.
- (2) The successful application of OC, Chemical Agents, Specialty Impact Munitions, Batons, or ECDs shall be considered a use of force and the reporting requirements of 103 CMR 505.18 shall be followed. Only OC, Chemical Agents, Specialty Impact Munitions, Distraction Devices, Batons, and ECDs approved by the Commissioner and issued by the Department shall be used.
- (3) Specialty Impact Munitions, Distraction Devices, Batons, and ECDs shall not be used as a prod; to rouse an unconscious, impaired, or intoxicated inmate; against any inmate using passive resistance when there is no immediate threat of bodily harm; or to enforce an order after an inmate has been immobilized or a threat has been neutralized.