USE of Force Nevada Department of CorrectionsAR 405Preamble to Use of ForceIt is
Quiroga, Angelica, Executive Producer has reference to this Academic Journal, PHwiki organized this Journal USE of Force Nevada Department of CorrectionsAR 405Preamble to Use of ForceIt is the intent of the Nevada Department of Corrections that all staff recognize the value of human life, respect basic human rights & have an intolerant attitude towards abusive or excessive as long as ce used on inmates. An officers use of as long as ce shall be value driven, utilizing only the minimal amount of as long as ce that is necessary & reasonable under the circumstances to minimize the chance of harm to themselves or others, to prevent escapes, to protect state property from destruction, to prevent or quell a disturbance or compel compliance to lawfully issued orders. Purpose of Course To become thoroughly proficient in the knowledge of Use of Force in addition to the application of the legal in addition to appropriate levels of as long as ce.
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ResponsibilityThe Warden/Division Head is responsible as long as the overall execution of this regulation. Direct supervision of this regulation is the responsibility of the Shift Supervisor (institutions/facilities) in addition to /or the Transportation Lieutenant/Sergeant in regards to Central Transportation Division. The Warden at each institution will ensure that all assigned staff is trained in addition to have signed an acknowledgement statement that they have read, know in addition to underst in addition to this regulation. A copy of their acknowledgement will be maintained in each staff members personnel file.DefinitionsAuthorized Personnel A person who has received the prescribed NDOC training in the application of Use of Force equipment or tactics, in addition to whose qualifications are up-to-date.Deadly Force Any as long as ce which carries a substantial risk that it will result in death or serious physical injury.Excessive Force The use of more as long as ce than an objective trained in addition to competent correctional peace officer faced with similar facts in addition to circumstances would use to subdue an attacker, overcome resistance, affect custody or gain compliance with a lawful order.Force Any violence, compulsion, or constraint physically exerted by any means upon or against a personDefinitionsLess Lethal Force any as long as ce that is neither intended nor likely to cause death or serious bodily harm.Passive Compliance Measures Techniques/strategies used by staff to gain compliance/control of an inmate without as long as cible physical contact.Planned Use of Force The Use of Force when time in addition to circumstances allow the opportunity as long as planning in addition to consultation in addition to approval of the Warden or Administrator Off Duty (AOD)
DefinitionsPhysical Force (H in addition to s On) The use of h in addition to s, other parts of the body, objects, instruments, chemical devices, firearms, or other physical methods as long as the purpose of overcoming the resistance to lawful authority. Reasonable Force That as long as ce which is objectively reasonable based on the totality of the circumstances in addition to the facts known to the officer at the time to subdue an attacker, overcome resistance, affect custody, or gain compliance with a lawful order. Show of Force Movement of appropriate staff in addition to /or equipment/weapon to an incident site as long as the purpose of convincing an inmate that adequate staff in addition to measures are available in addition to will be used to successfully resolve the situation.Skip Shot A live round (rubber or bird-shot) discharged from a 12gauge shotgun that is fired at the ground one to two yards in front of the intended inmate so that the individual live rounds skip off the ground/floor striking the intended inmate(s) lower extremities.DefinitionsSpontaneous Use of Force Actions that staff may immediately take in response to an emergency situation.Use of Force The application of progressive levels of as long as ce to gain control of an inmate up to in addition to including deadly as long as ce. This does not include those situations in which security restraints are used in a st in addition to ard manner as long as arrest, escort or transport. (Use of Force will be limited to the minimal amount of as long as ce necessary to control the situation.)Use of Force Against a Threat In Tennessee v. Garner in addition to Graham v. Conner the Supreme Court stated an officer must consider the Immediate Threat to the officer or others when using as long as ce.In training, we want to instill in the officer that he/she is only justified in using as long as ce if the suspect/inmate is a Threat or Immediate Threat to the officer or others.In a trial, we want to in as long as m the jury that officers are trained to refer to the suspect/inmate as the Threat to condition the officer only to use as long as ce on a suspect/inmate when the suspect or inmate is a threat to the officer or others.
Threat Defined NRS205.320Threats.A person who, with the intent to extort or gain any money or other property or to compel or induce another to make, subscribe, execute, alter or destroy any valuable security or instrument or writing affecting or intended to affect any cause of action or defense, or any property, or to influence the action of any public officer, or to do or abet or procure any illegal or wrongful act, whether or not the purpose is accomplished, threatens directly or indirectly: 1.To accuse any person of a crime; 2.To injure a person or property; 3.To publish or connive at publishing any libel; 4.To expose or impute to any person any de as long as mity or disgrace; or 5.To expose any secret, is guilty of a category B felony in addition to shall be punished by imprisonment in the state prison as long as a minimum term of not less than 1 year in addition to a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine in addition to imprisonment. In addition to any other penalty, the court shall order the person to pay restitution. [1911 C&P § 474; RL § 6739; NCL § 10423](NRS A 1967, 502; 1979, 1445; 1995, 1223)Definitions Vicarious LiabilityVicarious liability refers to liability as long as the negligent or criminal acts of another person that is assigned to someone by law. Vicarious liability exists when liability is attributed to a person who has control over or responsibility as long as another who negligently causes an injury or otherwise would be liable. Whenever an agency relationship exists, the principal is responsible as long as the agent’s actions.For example, an employer of an employee who injures someone through negligence while in the scope of employment is vicariously liable as long as damages to the injured person. LiabilityThe Eighth Amendment (Amendment VIII) to the United States Constitution is the part of the United States Bill of Rights prohibiting the federal government from imposing excessive bail, excessive fines or cruel in addition to unusual punishments, including torture. The U.S. Supreme Court has ruled that this amendment’s Cruel in addition to Unusual Punishment Clause applies to the states.31
Nevada LawIn keeping with the policy of the Department of Corrections prohibiting the use of excessive as long as ce, NRS 212.020 Inhumanity to Prisoners, is noted as follows:32a. Every jailer or person who shall be guilty of willful inhumanity or oppression to any prisoner under his care or custody shall be punished: 1) Where the prisoner suffers substantial bodily harm as long as such inhumanity or oppression, by imprisonment in the state Prison as long as not less than one year nor more than six years or by a fine of not more than $5,000.00 or both fine in addition to imprisonment 2) Where no substantial bodily harm results, a gross misdemeanor. b. Whether or not the prisoner suffers substantial bodily harm, any public officer guilty of such willful inhumanity is guilty of a maleficence of office.33Title 18 United States Code Deprivation of Rights Under the Color of LawThis statute makes it a crime as long as any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution in addition to laws of the U.S.This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed as long as punishment of citizens on account of such person being an alien or by reason of his/her color or race.34
Title 18 United States Code Deprivation of Rights Under the Color of LawActs under “color of any law” include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without in addition to beyond the bounds of their lawful authority; provided that, in order as long as unlawful acts of any official to be done under “color of any law,” the unlawful acts must be done while such official is purporting or pretending to act in the per as long as mance of his/her official duties. This definition includes, in addition to law en as long as cement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.Punishment varies from a fine or imprisonment or both, in addition to if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, in addition to if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined.Graham vs Conner (Objective Reasonableness St in addition to ard)The level of as long as ce that is necessary in a particular situation. The reasonableness of a particular use of as long as ce must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight. The calculus of reasonableness must embody allowance as long as the fact that police officers are often as long as ced to make split second judgments-in circumstances that are tense, uncertain, in addition to rapidly evolving-about the amount of as long as ce that is necessary in a particular situation. The reasonableness inquiry in an excessive as long as ce case is an objective one: the question is whether the officers actions are objectively reasonable in light of the facts & circumstances confronting them, without regard to their underlying intent or motivation. 36ForceVerbalControl RestraintChemical AgentTemporaryIncapiciationDeadly ForceOfficer VerbalControl RestraintChemical AgentTemporaryIncapacitationDeadlyPresence
Elements of ForceNon-Deadly : Deadly:Ability Ability Opportunity OpportunityJeopardy Imminent JeopardyPreclusion PreclusionAbility or Apparent AbilityDoes the violator/inmate possess the ability or the apparent ability to kill you or a third party, or to cause you or a third party great bodily harm OpportunityDoes the violator/inmate have the opportunity to kill you or a third party, or cause you or a third party great bodily harm
Jeopardy / Danger Based on all facts & circumstances confronting the officer in addition to without regard to the officers underlying intent or motivation, the officer reasonably believes that the subject poses a threat to the life of the officer(s) or other third parties in addition to the must act to prevent death or serious bodily injury.Imminent Jeopardy / Danger Based on all facts & circumstances confronting the officer in addition to without regard to the officers underlying intent or motivation, the officer reasonably believes that the subject poses an immediate threat to the life of the officer(s) or other third parties in addition to the must act immediately to prevent death or serious bodily injury.PreclusionHave you reasonably exhausted all of your avenues of retreat at that time in addition to at that place Was there the feasibility or availability of alternative actions
405.01 Use of Force General ProvisionsThe NDOC shall operate under this use of as long as ce policy that defines staff responsibilities in addition to limitations concerning the use of as long as ce while still allowing discretion in the appropriate application of as long as ce. The policy provides staff with the appropriate guidance on the permissible Use of Force. It ensures discipline is imposed as long as violations of the Use of Force policy, procedures or training.405.01 Use of Force General ProvisionsIt is the policy of the NDOC to authorize the use of physical as long as ce when in addition to only to the extent that is reasonably believed to be necessary as specified in these rules. Staff is authorized to use that amount of as long as ce that is objectively reasonable to overcome a threat thereby minimizing the risk of injury to the officer, the threat in addition to the public.At no time are staff permitted to use as long as ce as long as punishment, retaliation or discipline.405.01 Use of Force General ProvisionsForce shall be used only when reasonably necessary to subdue an attacker, overcome resistance, affect custody, or to gain compliance with a lawful order. It is the policy of the NDOC to accomplish the educational, treatment in addition to supervision functions with minimal reliance on the use of as long as ce. Staff may use reasonable as long as ce as required in the per as long as mance of their duties, but unnecessary or excessive as long as ce shall not be used. If staff, at any point, determines the situation can be resolved without any further use of as long as ce, staff shall terminate the use of as long as ce.
405.02 STAFF TRAINING INVOLVING USE OF FORCE All personnel will receive training in addition to be qualified prior to being assigned to a position involving possible Use of Force in addition to being authorized to use any as long as ce related equipment such as physical restraints, firearms, chemical agents (CS/OC), TASER or similar technology or batons. A staff member employed in positions that are authorized to use as long as ce-related equipment will receive annual refresher in addition to semi-annual firearms qualification training in the correct use of all equipment to maintain their established proficiency levels.405.02 STAFF TRAINING INVOLVING USE OF FORCE Training will include: Techniques/strategies known as Passive Compliance Measures used by staff to gain compliance/control of an inmate without as long as cible physical contact such as: communications, videotaping of inmate(s), show of as long as ce. Staff is expected to know the Continuum of Force in addition to be able to apply the proper level in addition to type of as long as ce needed to control an inmates behavior. Minimum harm to staff, the public in addition to inmates is the goal, but the overall objective is to gain compliance, control, in addition to facility order. Force should be limited to the minimum amount necessary to control the situation. Force will not be used to punish, harass, coerce, or abuse inmates. 405.03 When Force May Be Used1. A staff member may use as long as ce to protect himself or any other individual from physical harm by an inmate. 2. Force will be proportionate to the threat exhibited by the inmate, in addition to the as long as ce will decrease as the threat is lessened.Any staff witnessing a Use of Force that is either excessive or unnecessary is required to immediately report their observations to the shift supervisor both verbally in addition to in a written report.
COMMON SENSEWhile we have provided numerous scenarios in addition to discussed options in Use of Force there will always be a time that common sense in addition to reasoning will be needed in a situation.The preservation of life is our utmost concern in all Use of Force applications in addition to proper care in addition to concern must always be used in UOF situations.Proper in addition to complete reports in addition to paperwork will always be submitted in addition to completed after any UOF incident no matter how small.Any questions should always be directed to your Supervisor as long as clarification.QUESTIONS
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