DOC PROPOSED RULE FOR CHEMICAL AGENTS SOLVES NOTHING

ADMINISTRATION ATTEMPTS TO GIVE OFFICERS
  MORE FREE REIGN WITH CHEMICAL AGENTS

It just means more chemical agents will be used inside the cells.

 

June 18, 2004

 

NOTICE OF PROPOSED RULE DEVELOPMENT

 

FLORIDA DEPARTMENT OF CORRECTIONS

 

RULE TITLE:                                                                                                           RULE NO.:

Use of Force                                                                                                              33-602-210

 

PURPOSE AND EFFECT:  The purpose and effect of the proposed rule is to clarify that videotaping is not required for the administration of chemical agents on an inmate creating a disturbance in his or her cell when the officer is attempting to resolve the situation without extracting the inmate from the cell.

 

SUBJECT AREA TO BE ADDRESSED:  Use of Force

 

SPECIFIC AUTHORITY:  944.09 FS

 

LAW IMPLEMENTED:  20.315, 944.09, 933.35 FS

 

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.

 

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS:

 

Perri King Dale, 2601 Blair Stone Road, Tallahassee, FL  32399-2500

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

          33.602.210 Use of Force

 

(1)   No change

 

(2)   Physical force shall be employed only as a last result when it reasonably appears that other alternatives are not feasible to control the situation and will not be used solely in response to verbal abuse that does not rise to a level of a disturbance.  When the use of force is justified, only that amount and type of force that reasonably appears necessary to accomplish the authorized objective shall be used. 

 

      All authorized use of force incidents will be videorecorded in their entirety, except that videotaping the administration of chemical agents is not required for use on an inmate creating a disturbance in his or her cell when the officer is attempting to resolve the situation without extracting the inmate from the cell. 

 

      Videotaping will be initiated after  the final exposure to chemical agents if cell extraction or other uses of force are necessary. 

 

      All spontaneous use of force incidents will be videotaped from the point the video camera operator arrives at the scene.  Videotaping shall continue uninterrupted until the incident is under control, the involved inmate is escorted to medical, and the inmate is subsequently returned to secure housing. 

 

      Videotaping of post use of force medical exams shall be done in such a manner as to provide the privacy needed for the exam. 

 

      If it is necessary to transport the inmate to an outside facility for treatment or to another department facility for secure housing purposes, videotaping shall continue until the inmate is loaded and secured in the transport vehicle.

 

(3) through (20) No change.

 
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