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Tennessee Doc Use of Chemical Agents Procedures 2009

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ADMINISTRATIVE POLICIES
AND PROCEDURES
State of Tennessee
Department of Correction

Index #: 506.07.1

Page

1

of 3

Effective Date: October 15, 2009
Distribution: B
Supersedes: 506.07.1 (10/15/06)

Approved by: George M. Little
Subject:

I.
II.

USE OF CHEMICAL AGENTS

AUTHORITY: T.C.A. 4-3-603, T.C.A. 4-3-606, and 41-24-110.
PURPOSE: To establish a departmental policy that addresses the use of chemical agents.

III.

APPLICATION: All Tennessee Department of Correction (TDOC) institutional employees and
employees of privately managed facilities.

IV.

DEFINITIONS:

V.
VI.

A.

Chemical
Agent:
Chemical
substances
utilized
to
incapacitate, either
CN-Chloractophenone (tear gas), CS-Orthoclorobenzal Malononitrile (irritant gas), or OCOleoresin Capsicum in a non-toxic, non-flammable vehicle.

B.

Commissioner’s Designee (CD): TDOC employee(s) authorized by the Commissioner to
serve as the approving authority for specific actions occurring at privately managed
facilities. In the absence of the CD, the contract monitor (CM) assigned to that facility will
serve that function. In the absence of both the CD and CM at privately managed facilities,
the necessary notification/request for authorization will be made by telephone to the CD. If
the CD is not reachable via phone, the CM will be contacted. If both the CD and CM are
unavailable by telephone, the ranking shift officer at Turney Center Industrial Prison
(TCIX) shall be contacted for required authorizations or notifications.

POLICY: Chemical agents shall be used only in emergency situations and at the direction of the
Warden or his/her designee.
PROCEDURES:
A.

The Warden shall establish and maintain a standard operating procedure or institutional
policy for the use of chemical agents on institutional grounds within the following
parameters:
1.

Chemical agents are to be used only when less serious methods of regaining
control have not been successful or when such methods have been determined to
be ineffective in resolving an emergency situation.

2.

A verbal warning of the intended action shall be given prior to using the chemical
agents.

3.

Chemical agents shall never be used for the punishment, harassment, or
intimidation of inmates.

Effective Date: October 15, 2009
Subject:

Index # 506.07.1

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of 3

USE OF CHEMICAL AGENTS
4.

Before chemical agents may be used, proper precautions must be taken in advance
to minimize injury to inmates, especially those who are not participants in the
immediate situation.

5.

With the development of this procedure, an alternate plan should be developed in
the event the inmate is not affected by chemical agents.

B.

At privately managed facilities, institutional procedures must be reviewed and approved
by the Commissioner and shall include provisions for prior approval of the CD (or
notific ation within one hour of the incident in cases where obtaining prior approval is not
feasible) for the use of chemical agents.

C.

All large quantities of chemical agents, or those with delivery systems other than 126 gram
aerosol spray, i.e., grenades, muzzle launchers, etc., shall be stored in the armory and never
issued or used without the express permission of the Warden/designee. The only exception
to the aforementioned is all Level II or higher facilities may store no more than four (4)
520 grams CS (MK IX) Magnum Foggers in Central Control only. Personnel permitted to
use chemical agents must be trained in their use and in the treatment of individuals exposed
to the chemical agent, with the training documented by the training officer in the user’s
training file.

D.

In the standard operating procedures or in the institutional policy, the Warden shall
designate staff members (positions) authorized to carry and use small quantities of
CN/CS/OC agent. The canister of CN/CS/OC issued as regular security equipment shall
not exceed 126 grams in size. Personnel so equipped must be trained in its use, with the
training documented by the training officer. Canisters of CN/CS/OC shall not be carried
off institutional property unless authorized by the Warden. These chemical agents may not
be used against anyone while the employee is off duty.

E.

Should it become necessary to use chemical agents to remove an inmate from his/her cell
or any other location, the following guidelines shall be observed:

F.

1.

Taking into consideration the urgency of the situation and the time of day, the shift
supervisor or above (CD at privately managed facilities) may authorize the use of
chemical agents after making an on-site evaluation. If the CD is not on-site, then
authorization by the CD can be given over the telephone. In the absence of the
CD, the contract monitor assigned to that facility will serve that function. In the
absence of both TDOC staff, the necessary notification/request for authorization
will be made by tele phone to the CD. If the CD is not reachable via phone, the
contract monitor will be contacted. If both the CD and contract monitor are
unavailable by telephone, the ranking shift officer at TCIX shall be contacted for
required authorizations/notifications.

2.

If possible, a health services staff person shall be present.

3.

If possible, the use of chemical agents should be video taped.

At any time chemical agents are used, the exposed inmate(s) and/or staff shall be given
immediate medical attention by on-duty health services staff.

Effective Date: October 15, 2009

Index # 506.07.1

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Subject: USE OF CHEMICAL AGENTS

VII.
VIII.

G.

Each time chemical agents are used for other than training purposes, an incident report
shall be completed, preferably by an individual with first-hand knowledge in accordance
with Policy #103.02. The incident report shall be completed prior to the conclusion of the
shift and submitted to the Warden or his/her designee, with a copy forwarded to the CD at
privately managed facilities. Incident reports will be entered on TOMIS/E-TOMIS
Incidents (LIBJ).

H.

Most chemical agents have dates of expiration when they should be replaced. Chemical
agents received without expiration dates shall be clearly marked to expire four years from
the date received. Chemical agents shall be inventoried monthly to determine
condition and to ensure proper disposal upon expiration. At TDOC institutions, disposal
should be effected through use in training activities as the agents expire.

ACA STANDARDS: 4-4092, 4-4173, 4-4199, 4-4201, 4-4202, and 4-4203.
EXPIRATION DATE: October 15, 2012.

 

 

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