Contenido de los Estudios de Riesgos de acuerdo a normativa nacional

This Detention Standard authorizes staff to use necessary physical force, after all reasonable efforts to otherwise resolve a situation have failed, and only for protection of self, detainees, or others, for prevention of escape or serious property damage, or to maintain the security and orderly operation of the facility.

Components Meet s Sta nd ar d D oe s N ot Meet Sta nd ar d N /A Remarks

1. (MANDATORY) The facility has a Use of Force

Policy. Facility policy, "Use of Force", gives policy and procedures for Use of Force.

2. Written policy authorizes staff to respond in an immediate-use-of-force situation without a supervisor’s presence or direction.

This facility has written guidance in their "Use of Force" policy

governing immediate use of force.

3. When the detainee is in an area that is or can be isolated (e.g., a locked cell, a range), posing no direct threat to the detainee or others, policy requires that staff must try to resolve the situation without resorting to force.

Staff are taught in new employee training and annually thereafter that policy requires that in situations where a detainee who is isolated or can be isolated and poses no immediate threat to himself or others, staff must attempt to resolve the situation without resorting to force.

4. Written policy asserts that calculated rather than

immediate use of force is feasible in most cases. This facility has written policy that states that calculated use of force in lieu of immediate use of force is feasible in most cases.

5. The facility subscribes to the prescribed Confrontation Avoidance Procedures.

• Ranking detention official, health professional, and others confer before every calculated use of force.

Confrontation Avoidance Procedures are used when time permits. At a minimum, the senior detention official on site, a health professional and others deemed necessary, confer before a

calculated used of force is initiated.

6. When a detainee must be forcibly moved and/or restrained and there is time for a calculated use of force, staff uses the Use-of-Force Team Technique.

• Under staff supervision.

Facility staff are trained in the Use- of-Force Team Technique. This technique is used, under the direction of a supervisor, when a detainee must be restrained or moved when time permits.

7. Staff members are trained in the performance of the

Use-of-Force Team Technique. A review of training records indicates that staff are trained in the Use-of-Force Team Technique.

8. All use-of-force incidents are documented and

reviewed. Both immediate and calculated use of force incidents are documented and reviewed by a supervisor.

PART 2 – 18. USE OF FORCE AND RESTRAINTS

This Detention Standard authorizes staff to use necessary physical force, after all reasonable efforts to otherwise resolve a situation have failed, and only for protection of self, detainees, or others, for prevention of escape or serious property damage, or to maintain the security and orderly operation of the facility.

Components Meet s Sta nd ar d D oe s N ot Meet Sta nd ar d N /A Remarks

9. All use of force incidents are properly documented and forwarded for review use of force documentation at a minimum, shall include the medical examination through the conclusion of the incident. All calculated uses of force incidents must be audio visually recorded in its entirety from the beginning of the incident to its conclusion. Any breaks in recording, e.g., dead batteries, tape exhausted, are fully explained on the video.

Staff are trained on the proper techniques to use in a calculated use of force. Written procedures require that both audio and video recording from the beginning of the incident through its conclusion including the medical examination, occur. Any breaks in the recording are explained on the video tape.

10. Staff:

• Does not use force as punishment.

• Attempts to gain the detainee's voluntary cooperation before resorting to force

• Uses only as much force as necessary to control the detainee.

• Uses restraints only when other non- confrontational means, including verbal persuasion, have failed or are impractical.

Staff are trained during new employee training and annually thereafter, not to use force as punishment, to attempt to gain the detainee's cooperation before resorting to force, to only use as much force as necessary and to use restraints only when other means have failed or are impractical.

11. Medication may only be used for restraint purposes when authorized by the Medical Authority as medically necessary.

Facility policy does not permit the use of medication for restraint purposes.

12. (MANDATORY) Use-of-Force Teams follow written procedures that attempt to prevent injury and exposure to communicable disease(s).

This facility's "Use of Force” policy gives the proper techniques for Use- of-Force Teams to follow in order to prevent injury and exposure to communicable diseases.

Deployments of the Use-of-Force Team are audio and visually recorded if possible.

PART 2 – 18. USE OF FORCE AND RESTRAINTS

This Detention Standard authorizes staff to use necessary physical force, after all reasonable efforts to otherwise resolve a situation have failed, and only for protection of self, detainees, or others, for prevention of escape or serious property damage, or to maintain the security and orderly operation of the facility.

Components Meet s Sta nd ar d D oe s N ot Meet Sta nd ar d N /A Remarks

13. Standard procedures associated with using four/five point restraints include:

• Soft (nylon/leather) restraints.

• Dressing the detainee appropriately for the temperature.

• A bed, mattress, and blanket/sheet.

• Checking the detainee at least every 15 minutes.

• Logging each check.

• Repositioning detainee often enough to prevent soreness or stiffness.

• Medical evaluation of the restrained detainee twice per eight-hour shift.

• When qualified medical staff are not immediately available, staff position the detainee "face-up."

Four/five point restraints are not _{used at this facility.}

14. The shift supervisor monitors the detainee's position/condition every two hours.

He/she allows the detainee to use the restroom at these times under safeguards.

Four/five point restraints are not _{used at this facility.}

15. All detainee checks are logged. _{Four/five point restraints are not}

used at this facility.

16. In immediate-use-of-force situations, officers contact

medical staff once the detainee is under control. Facility policy requires officers to contact medical staff after an immediate-use-of-force situation is under control.

17. When the Facility Administrator authorizes use of non-lethal weapons:

• Medical staff is consulted before staff use pepper spray/non-lethal weapons.

• Medical staff reviews the detainee's medical file before use of a non-lethal weapon is authorized.

Before the warden authorizes the used of non-lethal weapons, medical staff review the detainee’s medical records to ensure such use is not contra-indicated.

18. Intermediate Force Weapons, when not in use are stored in areas where access is limited to authorized personnel and to which detainees have no access. 19. If Intermediate Force Weapons are stored in the

Special Management Unit (SMU), they are stored and maintained the same as Class R tools.

20. Special precautions are taken when restraining pregnant detainees.

• Medical personnel are consulted

Medical personnel are consulted before restraining pregnant detainees.

PART 2 – 18. USE OF FORCE AND RESTRAINTS

This Detention Standard authorizes staff to use necessary physical force, after all reasonable efforts to otherwise resolve a situation have failed, and only for protection of self, detainees, or others, for prevention of escape or serious property damage, or to maintain the security and orderly operation of the facility.

Components Meet s Sta nd ar d D oe s N ot Meet Sta nd ar d N /A Remarks

21. Protective gear is worn when restraining detainees

with open cuts or wounds. Staff wear face shields, gloves and arm protection when restraining detainees with open cuts or wounds.

22. Staff documents every use of force, including what

type of restraints was used during the incident. Every use of force in the facility is documented, including the type of restraints that were used.

23. It is standard practice to review any use of force and

the non-routine application of restraints.

24. All officers receive training in self-defense, confrontation-avoidance techniques and the use of force to control detainees.

• Specialized training is given to officers ensuring they are certified in all devices approved for use.

Training records indicate that all officers receive training in self- defense, confrontation avoidance techniques and use of force. Use of force devices that are certified for use in the facility are also

demonstrated and taught to officers.

25. All staff authorized to use OC spray receive training not only in its use, but also in the decontamination of individuals exposed to it. This training must be documented in the staff training record.

Not all staff that are authorized to carry and use Oleoresin Capsicum (OC) spray are trained and certified annually.

26. The use of canines is restricted to contraband

detection purposes only. This facility does not use canine units.

27. The officers are thoroughly trained in the use of soft

and hard restraints. The use of soft and hard restraints is taught during new employee training and annually thereafter.

28. In SPCs, the Use of Force form is used. In other facilities (IGSAs / CDFs) this form or its equivalent is used.

The facility uses a Corrections Corporation of America form that is equivalent to the form used in Service Processing Centers.

PART 2 – 18. USE OF FORCE AND RESTRAINTS

Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.)

This inspector interviewed the Chief of Security, the Associate Warden and the Security Officer concerning the Use of Force standard. The facility has written policies and procedures for use of force and discusses the Use of Force Continuum. Before chemical weapons are used at the facility, medical staff reviews the detainee's medical records to insure that such use is not contra- indicated. Training records indicate that officers receive training in self defense, confrontation avoidance and use-of-force. Use- of-force devices that are certified for use in this facility are also taught and demonstrated to officers.

After reviewing a use-of-force video tape of an incident that occurred on January 10, 2012, and the associated report, it was determined that the lieutenant who used Oleoresin Capsicum (OC) spray on a disruptive ICE detainee was not currently trained or certified in the use of chemical agents. The lieutenant was last trained in the use of chemical agents on January 16, 2009, while the

01/20/2012

Reviewer’s Signature / Date