Chapter 5 – Adult Custody and Security Operations

51020.4 Definitions

• The following shall define language usage in this Article:

  • Reasonable Force

    • Reasonable force is the force that an objective, trained, and competent correctional employee faced with similar facts and circumstances, would consider necessary and reasonable to subdue an attacker, overcome resistance, effect custody, or gain compliance with a lawful order.

  • Unnecessary Force

    • Unnecessary force is the use of force when none is required or appropriate.

  • Excessive Force

    • Excessive force is the use of more force than is objectively reasonable to accomplish a lawful purpose.

  • Immediate Use of Force

    • Immediate use of force is the force used to respond without delay to a situation or circumstance that constitutes an imminent threat to institution/facility security or the safety of persons. Employees may use immediate force without prior authorization from a higher official.

    • Immediate force may be necessary to subdue an attacker, overcome resistance or effect custody.

    • If it is necessary to use force solely to gain compliance with a lawful order, controlled force shall be used.

  • Imminent Threat

    • An imminent threat is any situation or circumstance that jeopardizes the safety of persons or compromises the security of the institution, requiring immediate action to stop the threat. Some examples include, but are not limited to: an attempt to escape, on-going physical harm or active physical resistance.

  • Controlled Use of Force

    • A controlled use of force is the force used in an institution/facility setting, when an inmate’s presence or conduct poses a threat to safety or security and the inmate is located in an area that can be controlled or isolated. These situations do not normally involve the imminent threat to loss of life or imminent threat to institution security. All controlled use of force situations requires the authorization and the presence of a First or Second Level Manager during business hours. During non-business hours, the on-site manager shall be the Administrative Officer of the Day (AODAdministrative Officer of the Day) who is responsible for the authorization of any controlled use of force and whose presence is required during any controlled use of force. Staff shall make every effort to identify disabilities, to include mental health issues, and note any accommodations that may need to be considered.

  • Non-conventional Force

    • Non-conventional Force is force that utilizes techniques or instruments that are not specifically authorized in policy, procedures, or training. Depending on the circumstances, non-conventional force can be necessary and reasonable; it can also be unnecessary or excessive.

  • Non-deadly Force

    • Non-deadly force is any use of force that is not likely to result in death.

  • Deadly Force

    • Deadly force is any use of force that is likely to result in death. Any discharge of a firearm other than the lawful discharge during weapons qualifications, firearms training, or other legal recreational use of a firearm, is deadly force.

  • Great Bodily Injury (GBI)

    • Great bodily injury is any bodily injury that creates a substantial risk of death.

  • Serious Bodily Injury

    • Serious bodily injury means a serious impairment of physical condition, including, but not limited to the following:

      • Loss of consciousness;

      • Concussion;

      • Bone fracture;

      • Protracted loss or impairment of function of any bodily member or organ;

      • A wound requiring extensive suturing; and

      • Serious disfigurement.

  • Response Supervisor

    • The Response Supervisor is the first line supervisor in an institution/facility responsible for the area where an incident occurs. When responding to or observing an incident involving the use of force, the response supervisor shall assume control of the responders and direct the tactics used to stop the threat. Additionally, the response supervisor shall assess the appropriateness/effectiveness of the force options being deployed, ensuring compliance with policy and training.

  • Responding Supervisor

    • The Responding Supervisor is the first line supervisor responsible for the employee involved in an incident.

  • Incident Commander

    • The Incident Commander is the second line supervisor in an institution/facility responsible for the area where an incident occurs or an allegation of excessive or unnecessary force is received.

  • First Level Manager

    • A First Level Manager in an institution/facility is a Captain, or the AODAdministrative Officer of the Day.

  • First Line Manager

    • A First Line Manager is a Parole Administrator, District Administrator, Special Agent-In-Charge, or a Senior Special Agent.

  • Second Level Manager

    • A Second Level Manager in an institution/facility is an Associate Warden.

  • Second Line Manager

    • A Second Line Manager is a Deputy Regional Parole Administrator or Chief.

  • Institution Head

    • The Institution Head is a Warden or designee.

  • Institutional Executive Review Committee (IERC)

    • The IERC is a committee of institution staff chaired by the respective Institution Head tasked with reviewing all uses of force and every allegation of excessive or unnecessary force. The IERC is the final institutional level of review.

  • Department Executive Review Committee (DERC)

    • The DERC is a committee of staff selected by, and including, the Associate Director who oversees the respective institution/facility Mission-based group. The DERC has oversight responsibility and final review authority over the IERC. The DERC shall review every use of deadly force and every serious bodily injury, great bodily injury or death that could have been caused by a staff use of force. The DERC shall also review those incidents referred to the DERC by the IERC Chairperson or otherwise requested by the DERC. The DERC shall conduct all reviews within sixty (60) days of completion by the IERC.

  • Deadly Force Investigation Teams (DFIT)

    • DFIT is a team of trained department investigators that shall conduct criminal and administrative investigations into every use of deadly force and every death or great bodily injury that could have been caused by a staff use of force, except the lawful discharge of a firearm during weapons qualifications or firearms training, or other legal recreational uses of a firearm. Based on certain local Memoranda of Understanding, criminal investigations may instead be conducted by an outside police department or sheriff’s office. Although defined as deadly force DFIT need not investigate the discharge of a warning shot inside an institution/facility if an Investigative Services Unit Sergeant or above, or an uninvolved Correctional Lieutenant, confirms that the discharge of deadly force was a warning shot and that no injuries were caused by the shot. All warning shots shall be reported to the Office of Internal Affairs/DFIT and the Office of the Inspector General (OIGOffice of the Inspector General).

  • Deadly Force Review Board (DFRB)

    • The DFRB conducts a full and complete review of all incidents involving a use of deadly force (except warning shots) and every death or great bodily injury that could have been caused by a staff use of force, regardless of whether the incident occurs in an institutional or community setting.

  • Joint Use Committee (JUC)

    • The JUC is a committee of field staff from the DAIDivision of Adult Institutions (formerly Institutions Division) tasked with reviewing and evaluating recommended revisions to the Division’s Use of Force Policy and Procedures.

  • Holding Cells

    • All holding cells shall be located within buildings or sheltered areas. A holding cell shall not be used as a means of punishment, housing or long-term placement. If clothing is taken from an inmate when they are placed in a holding cell, alternate clothing shall immediately be provided unless security concerns preclude issuance.