Section 328.18. Use of force.

  Whenever feasible, staff shall rely on law enforcement authorities to exercise force against offenders. When such assistance is not available, staff may use force subject to this section.

(1)  Non-deadly force may be used by staff against offenders only if the user of force reasonably believes it is immediately necessary to realize one of the following objectives:

(a) To prevent death or bodily harm to oneself or another.

(b) To prevent unlawful damage to property, including damage that may result in death or bodily harm to oneself or another.

(c) To prevent an offender from fleeing the control of a staff member.

(d) To change the location of an offender.

(2)  Staff may use deadly force only to prevent death or great bodily injury to oneself or another.

(3)  Staff may not use deadly force if its use creates a substantial danger of harm to innocent third parties, unless the danger created by not using such force is greater than the danger created by using it.

(4)  The use of excessive force is forbidden. Only as much force may be used as is reasonably necessary to achieve the objective.

CR 10-126 : cr. Register June 2013 No. 690 , eff. 7-1-13.