Use of Force in the Correctional Environment

We must start with the premise that 95 percent of use-of-force incidents can be anticipated and avoided An impending force incident is always...always, "telegraphed!" A well trained correctional officer, deputy sheriff or police officer is skilled at observing factors communicating potentially violent situations. Those factors include verbal epithets, eye contact and overt staring, body language, outright provocation, aggression, and physical, violent contact.

The professional correctional officer, capable of recognizing the signs of escalating force, can prepare for preventive actions. The professional correctional officer must not respond reactively. Instead, the officer relies upon an array of preventive measures. Mostly, these are simple and common sense actions during a tense moment of potential violence and of the use of force. The skill to defuse violent situations enables the professional correctional officers to resolve a no-win situation feasibly and safely.

Providing Space and Saving Face

When a correctional officer senses the escalation of a violent situation. the immediate response must be to maintain custody and control and to call for a supervisor. A supervisor is the initial agent in the de-escalation of a violent situation. The successful supervisor arrives at the situation with a "mind set" for containing the violence. the supervisor immediately tries to ease the situation by separating the correctional officer and the inmate.

Next, the supervisor supports The correctional officer's custody control by placing violent inmate either behind agate or by establishing a minimum of 10 to 15 feet of space around the inmate who will now sense the supervisor as a "third party" on the scene. The inmate has been provided with space, a potential appeal process for saving face, and a chance to back off.

Note: Nothing has happened-save that time has passed and a positive, defusing dance has begun!

"E.T."...The Extraction Team

What happens if a supervisor can't calm down a potentially violent inmate? The supervisor must call for an "extraction team."

In most cases, inmates yield-if one doesn't, you now deploy professionally trained correctional officers, activating the necessary force to contain the situation. Correctional officers who are members of the "Extraction Team" must be carefully psychologically screened and must be well equipped with the latest technology for their sensitive duties. They should have a video camera to record the extraction, safety shields, helmets, padding, and other special custody control equipment.

Intermediary Actions

Before the extraction team is deployed, certain intermediary steps must occur. These steps represent a continuing attempt to defuse the situation and to ensure that supervisors and staff never lose control of the situation. Intermediary steps require innovation and quickness of mind and actions. For instance, if the inmate is mentally or emotionally disturbed or is on medication. it is important lo summon a medical professional to the scene. Medical personnel can check the inmate's clinical record and assist in establishing rapport with the inmate; thereby, establishing another opportunity for "saving face and gaining space" for the inmate. Reminder: Throughout the incident, it is essential that a video camera record be made of the situation.

The First React on to Use of Force is not Force!

As the "boss," a correctional supervisor can be very creative in efforts to avoid the use of force whenever possible; no one will lose anything if force is successfully avoided. Therefore, awareness training in the interplay inherent in a potentially violent situation is crucial to developing the natural, neurolinguistic skills of professional correctional of officers in preventing disruptive and dangerous situations. Using time-proven and basic human relations tactics-seeking eye contact; maintaining position and presence; providing space for saving face; using calm voice control, embodying assertiveness over an aggressive style; and practicing a positive personal or psychological persona -will help to reduce violence and promote safety. These tactics, learned and rehearsed, will sustain any correctional officer in dangerous situations.

Use-of-Force Training

Training in use-of-force should emphasize the basic rule that correctional officers must leave their "macho" at the door. Inmates bring enough "macho" into the correctional environment; correctional staff need not contribute any of their own. A training program should instill on-the-job performance objectives of reducing violence and promoting safety. Correctional officers need to emphasize the peacekeeping function of their jobs. Training to stress this function can be achieved through use-of-force curricula, affective lesson plans. interactive scenarios, films, physical defense training based on official department policy and procedures and operational orders and legal directives governing the use of necessary and abuse of unnecessary force in the correctional environment. It is especially important that all classroom demonstrations, videos, films and other graphics emphasize the proper use of force. Improper examples have little value as a training objectives.

Post Use- of-Force Procedures

If a potentially violent incident is ended by mediation, and the supervisor makes the decision to leave the inmate in a housing area, it is critical that the correctional officers involved be left with supportive management to continue custody control. Maintaining control may require intensified supervisory contacts during the rest of the present tour and notification of the following tour for strategic supervisory coverage.

If a potentially violent incident is ended by mediation, and the supervisor allows the inmate to remain in general custody, a though and convincing reason must be given to the correctional of ficers at the scene. It is particularly important that intensified and selective supervision contact be maintained by more tenured officers who are comfortable with the ebb and flow of the correctional environment and with the "space and face saving" buffer zones.

If a potentially violence incident is ended by mediation, and the supervisor makes the decision to remove the inmate from the housing area, it is crucial that the rest of the inmates are made aware that this inmate is not being removed "to take care of business" and will not be in harm's way. The supervisor must tell inmates that "his word is his word." The removed inmate will be safe.

If a potentially violence incident ended with the deployment of an Extradition Team, the supervisor must take the inmate to the clinic. While in the clinic, the supervisor should make a photo record of any injuries to the inmate and to the correctional officers involved, file reports, and, most importantly never allow correctional officers involved m the extraction to remain with the inmate. These correction: l officers should be relieved of assignments, and a new group of officers should be assigned to continue final processing.

The Use-of-Force Incident Report

Use of-force incidents reports must be submitted by all officers before the end of their tour. Most correctional agencies have designed these reports to list the essential facts. Correctional officers need to develop and practice concise, factual language in documenting use-of-force situations. The use-of-force incident report should include photographs of any injured inmates or officers, a record of the video tape, and the date and time of the incident.

Reporting the Use-of-Force Incident

Once reports are completed, they must immediately be submitted to the appropriate administrative agency, the department house counsel or other legal counsel, the department's external oversight bodies, public information or press office, and made available to the correctional officer union or other representative group. The supervisor should also make recommendations on the conditions surrounding the incident, including remedial or proactive solutions to prevent future incidents.

Finally, all the connectional officers involved in meritorious service or heroic duty in the appropriate and successful containment of violence should receive department recognition.

National Governors' Association

Seventy years of experience in the correctional field are reflected in this essay on use of force in the correctional environment. The essay is the result of a conversation between James T. Garvey, Jr., I Division Chief, Rikers Island Correctional Complex, NYC Department of Correction and Dr. Jess Maghan, Vice President, International Association of Correctional Officers.