- (1) Chemical Agents: Chemical compounds that when deployed are designed to cause sufficient physiological effect to stop, control or temporarily incapacitate an individual.
- (2) Deadly Physical Force: Physical force that under the circumstances in which it is used is readily capable of causing death or serious physical injury.
- (3) Electronic Control Devices: Security equipment designed to stop, control or temporarily incapacitate through the use of high voltage, low amperage electric stimulation; e.g., conducted electrical weapon, electronic shield, etc.
- (4) Level of Force: The type of force employed, the degree of that type of force employed, and the circumstances within which the force is employed.
- (5) Local State Director: A person within the Department of Corrections who reports to the Assistant Director of Community Corrections and has responsibility for managing a state community corrections office within a particular county.
- (6) Negligent Discharge: An unintentional discharge cause by an action or event that an employee could and should have foreseen or prevented.
- (7) Offender: Any person under supervision who is on parole, post prison supervision, transitional leave, local control and/or probation status.
- (8) Officer: Any state parole and probation officer certified as such by the Department of Public Safety Standards and Training
- (9) Physical Force: The use of hands, other parts of the body, objects, instruments, chemical devices, firearms, or other physical methods, for the purpose of overcoming the resistance to lawful authority.
- (10) Physical Injury: Impairment of physical condition or substantial pain.
- (11) Reasonable Force: That force, which is objectively reasonable, based upon the totality of the circumstances and the facts known to the officer at the time.
- (12) Security Equipment: Firearms, ammunition, batons, chemical agents, security restraints, electronic control devices, and similar devices.
- (13) Serious Physical Injury: Physical injury which creates a substantial risk of death or which causes serious and protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of any bodily organ.
- (14) Security Restraints: Handcuffs, temporary cuffs (flexcuffs), and other similar equipment designed to control a person from injuring himself/herself, others, and to prevent escape.
- (15) Show of Force: A demonstration of the current ability to use force, such as the massing of parole and probation officers or other officials.
- (16) Threat: Any person resisting arrest or resisting being lawfully controlled and/or demonstrating the intent, having the means, and the opportunity to inflict injury, serious physical injury, or death.
- (17) Totality of the Circumstances: With respect to use of force, circumstances include, but are not limited to, comparative size; physical, emotional, and mental condition; skill level of combatants; nature of the offense; weapons; and availability of assistance.
- (18) Use of Force: Any situation in which an employee uses physical force against a threat, except those situations in which security restraints are used in a standard manner for arrest, escort, or transport.
Statutory/Other Authority
ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented
ORS 179.040, 423.020, 423.030 & 423.075
History
DOC 10-2013, f. & cert. ef. 10-23-13
DOC 7-2009, f. 5-22-09, cert. ef. 5-23-09
DOC 28-2008(Temp), f. & cert. ef. 11-25-08 thru 5-22-09
DOC 6-2005, f. & cert. ef. 5-24-05