TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 501 SECURITY
SECTION 501.40 JUSTIFIABLE USE OF FORCE


 

Section 501.40  Justifiable Use of Force

 

a)         Force may be used under the following circumstances in accordance with the Unified Code of Corrections (Ill. Rev. Stat. 1991, ch. 38, par. 1003-6-4) [730 ILCS 5/3-6-4]:

 

1)         To compel compliance with a lawful order given by an employee to ensure the safety and security of the facility.

 

2)         To protect oneself or any other person from physical assaults, injury or death.

 

3)         To prevent escapes from the facility or from the custody of employees in the community.

 

4)         To apprehend escapees or offenders charged with a violation of parole or mandatory supervised release within the community.

 

5)         To protect State property or the property of others from unauthorized use, possession, damage or destruction.

 

6)         To prevent or suppress a riot, revolt, mutiny or insurrection, or other serious disturbance.

 

b)         An employee shall be authorized to use deadly force under the following circumstances in accordance with the Unified Code of Corrections (Ill. Rev. Stat. 1991, ch. 38, par. 1003-6-4) [730 ILCS 5/3-6-4]:

 

1)         When he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or any other person.

 

2)         When he reasonably believes that such force is necessary to prevent an escape of a committed person or to retake a person who has escaped.

 

3)         To prevent or suppress a riot, revolt, mutiny or insurrection or during a serious disturbance when there is reason to believe that a committed person poses an imminent threat of escape, death, or great bodily harm to another person.

 

4)         When he reasonably believes that such force is necessary to prevent unauthorized vehicles, aircraft, or persons from attempting to breach the perimeter fence of the facility in order to assist in an escape or insurrection by committed persons.

 

c)         Prior to using deadly force:

 

1)         The employee should ensure that no other reasonable means of intervention are available to prevent death, great bodily harm or escape.

 

2)         Oral commands and warning shots shall be used within adult facilities, whenever time and circumstances permit.  Warning shots shall not be fired when there is apparent danger of injury to an innocent third party.

 

3)         Prior authorization of the use of weapons within facilities shall be given by the Chief Administrative Officer, whenever time and circumstances permit.

 

(Source:  Amended at 18 Ill. Reg. 6328, effective May 1, 1994)