EFTA00122156
TitleP.S.
FIREARMS AND BADGES500.13
INMATE ACCOUNTABILITY5511.06
INMATE PERSONAL PROPERTY5580.07
SECURITY INSPECTIONS5500.13
TOOL CONTROL5500.13
MAIL MANAGEMENT5800.16
VISITING PROCEDURES5267.08
INMATE CORRESPONDENCE5265.14
ALCOHOL SURVEILLANCE/TESTING6590.07
ENTRANCE PROCEDURES5500.13
INMATE TELEPHONES5264.08
ON SCREENING5522.02
SEARCHING/DETAINING PERSONS5510.15
SEXUAL ABUSE PREVENTION/INTERVENTION5324.12
INMATE DISCIPLINE5270.09
SPECIAL HOUSING5270.10
SUICIDE PREVENTION5324.08
SEARCHES OF HOUSING UNITS/INMATES AND WORK AREAS5521.06
ESCORTED TRIPS5538.07
USE OF FORCE/APPLICATION OF RESTRAINTS5566.06
POSTED PICTURE FILE5510.13
HUNGER STRIKES5562.05
ESCAPES DEATH NOTIFICATIONS5553.07
EFTA00122157 PS 5500.14 10/19/2012 Chapter 7, Page 1 ## CHAPTER 7 FIREARMS AND BADGES 700. DEFINITIONS. Probable cause, reasonable determination, or reasonable belief means facts and circumstances known to the employee at the time of the use of firearms that would cause a reasonable employee to conclude that the action is appropriate. 701. CARRYING OF FIREARMS. Title 18 U.S.C. § 3050, authorizes the Attorney General to prescribe rules and regulations relating to the carrying of firearms by Bureau officers and employees. This authority is delegated to the Director in 28 CFR 0.96(o). When approved by the Warden, institution staff are permitted to carry firearms when: - transporting inmates, - assigned to escape posts, and - assigned to security posts which require firearms as standard issued equipment. Carrying or the use of personal or privately owned firearms while on duty is prohibited. Post orders, riot plans, and escape plans will include instructions for carrying firearms. a. Duty Assignment. Employees must not be assigned to duties that require the carrying of firearms prior to successfully completing the firearms familiarization training course. b. Staff Qualification. New employees must not be assigned to posts requiring the carrying of firearms before completing the Introduction to Correctional Techniques Training at the Federal Law Enforcement Training Center. In extraordinary circumstances, an exception may be made for an employee who has completed the local firearms familiarization training with written approval of the Warden and Regional Director. c. Re-qualification. Staff must complete satisfactorily the Bureau's approved firearms training course each year. Allowances will be made in accordance with applicable laws, rules, and regulations. EFTA00122158 PS 5500.14 10/19/2012 Chapter 7, Page 2 Chaplains, dentists, physicians, and other positions which the Director specifically exempts from carrying firearms are not required to complete the firearms familiarization training conducted at the institution and Staff Training Academy. d. Other Use of Firearms. Only the Director or Director's designee may authorize, in writing, Bureau staff to carry Government-issued firearms for purposes not expressed in this Program Statement. 702. USE OF FIREARMS. Firearms must be used only when deemed necessary for the following Law Enforcement purposes: - Prevent escapes; - Prevent loss of life or serious physical injury; - Protect government property, upon determination that the damage or loss of property would contribute directly to an escape, loss of life, or serious physical injury; and - Maintain or restore control of a correctional institution. The use of firearms is prohibited if force other than firearms appear reasonably sufficient to accomplish law enforcement purposes. Examples are, but not limited to: - Prevention of escape; - Prevention serious physical injury; and - Restoration of control in a correctional institution. An employee is not required to jeopardize personal safety or the safety of others before using firearms to prevent serious injuries/bodily harm or death. The necessity to use firearms arises when all available means of achieving the law enforcement purpose have failed or are likely to fail. If use of firearms is deemed necessary, staff must shoot the subject with every intention of hitting "center mass" to ensure the subject is stopped. EFTA00122159 PS 5500.14 10/19/2012 Chapter 7, Page 3 Staff will not attempt to shoot a limb which creates a lesser chance of stopping the subject and may pose a danger to staff, other inmates, or persons in the community. Firearms must not be used solely to disable moving vehicles or aircraft. Firearms will only be used against the driver or other occupants of a moving vehicle when the: - Employee has a reasonable belief that the subject poses an imminent danger of death or serious physical injury to the employee or others. - Public safety benefits of using such force outweigh the risks to the safety of the employee or others. As soon as practicable, medical attention must be provided to any persons injured during an incident involving use of firearms. Firearms will not be used if the employee recognizes a potential escapee as an inmate sentenced under the Juvenile Justice and Delinquency Prevention Act. a. Escape Prevention. The use of firearms is authorized when deemed necessary to prevent an escape in the following situations. (1) Perimeter Walls. At institutions secured with perimeter walls, prior to using firearms, staff must reasonably believe that an inmate has the capability to escape. For example, the inmate may be carrying items that could be used to perpetrate an escape, such as, but not limited to, a ladder, grappling hook, or rope, suggesting an intent to escape. An employee who determines an escape is in progress must issue a verbal warning, then fire a warning shot prior to shooting the subject. (2) Multiple Perimeter Fences. At institutions secured with multiple perimeter fences, prior to using firearms, staff must reasonably believe that an inmate has the capability to escape. For example, the inmate may be carrying items such as, but not limited to, a ladder, blankets, grappling hooks, ropes, broom handles, or sticks, that will perpetrate an escape. EFTA00122160 PS 5500.14 10/19/2012 Chapter 7, Page 4 An employee who determines an escape is in progress must issue a verbal warning, then fire a warning shot prior to shooting the subject. Verbal warnings and warning shots are not required when the employee reasonably believes there is imminent threat danger of death or serious physical injury to self or others. When authorized, throughout this policy, warning shots should be used only if there is no apparent danger to self, other staff and inmates, or the community. Warning shots will be fired into the ground and never into the air or in an indiscriminate direction. The inmate is not required to be on the first/inner perimeter fence before the employee issues the warning. When the inmate actually contacts the first/inner perimeter fence in an attempt to climb or demonstrates an attempt to get on or over the first/inner perimeter fence, and the employee reasonably determines an escape is being attempted, the employee may shoot the subject. The employee is not required to wait until the inmate is between the perimeter fences or over the first/inner fences. (3) Metropolitan Correctional Centers (MCCs) and Metropolitan Detention Centers (MDCs). When an employee reasonably determines that an escape is being attempted from a MCC or MDC, the employee should give a verbal warning. If the inmate continues, the employee may shoot the subject. Warning shots are prohibited due to the possibility of injury to innocent bystanders. (4) Minimum Security Institutions. Ordinarily, firearms are not used to prevent escapes from minimum security level institutions. However, weapons are authorized when the escaping inmate has used or threatened to use force which is likely to cause serious physical injury or has manifested an imminent threat of death or serious physical injury to the employee, other staff and inmates, or the community. Verbal warnings and warning shots should be used when feasible. (5) Escapes with Outside Assistance. Firearms may be used against persons who are not inmates, if they are facilitating an escape and have used or threatened to use force which is likely EFTA00122161 PS 5500.14 10/19/2012 Chapter 7, Page 5 to cause death or serious physical injury against the employee, other staff and inmates, or the community. Verbal warnings and warning shots must be used when feasible. (6) Escape from Escorted Trip or Prisoner Transport. When an employee reasonably determines an escape is being attempted from an escorted trip or prisoner transport, the employee must issue a verbal warning. If the inmate continues and the escape is occurring within the immediate environs of a correctional institution, the employee will fire a warning shot, if feasible, prior to shooting the subject. Outside the immediate environs of a correctional institution, the employee should not fire a warning shot prior to shooting the subject due to the possibility of injury to innocent bystanders. Absent the use or threat of force which would likely cause serious physical injury or a manifested imminent threat of death or serious physical injury to the employee, other staff and inmates, or the community, it is not permissible to use firearms to prevent an escape of an inmate in transit to or from a minimum security level institution. The exception to the rule is when the escorting employees are transporting inmates at the same time to a minimum and non-minimum security level institutions. (7) Once An Escape Has Occurred. After an escape from a transport vehicle or an institution, and the immediate environs has been successful, employees attempting to apprehend the escaped prisoner may not use firearms unless there is probable cause to believe: (a) The subject has committed a felony involving the infliction or threatened infliction of serious physical injury or death. (b) The subject's escape would pose an imminent danger of death or serious physical injury to the employee or others. Note: The phrase "after an escape from a transport vehicle or an institution and the immediate environs has been effectuated" should be interpreted in the following manner: EFTA00122162 PS 5500.14 10/19/2012 Chapter 7, Page 6 - As long as a staff member is in continuous pursuit of an escaping inmate, whether the escape takes place from an institution, transport vehicle, or outside facility (such as a hospital), the escape has not yet been effectuated. The use of firearms is permissible under the escaping inmate standard. - The immediate environs of an institution is defined as the property lines of the correctional facility. This boundary may be expanded by the Warden with the Regional Director's concurrence and should be defined as explicitly as possible. A verbal warning should be given if it would not pose a risk of death or serious bodily injury to the officer or others. Warning shots are prohibited due to the possibility of injury to innocent bystanders. b. Prevent the Loss of Life or Serious Physical Injury. Staff may use firearms when reasonable belief exists that the subject poses a threat of death or serious physical injury to staff, inmates, or others. Firearms will be used in the same manner as for escapes; verbal warnings and warning shots should be given, when feasible, prior to shooting the subject. When authorized, warning shots should be used only if there is no apparent danger to other staff and inmates, or the community. Verbal warnings and warning shots are not required when the employee reasonably believes there is imminent danger of death or serious physical injury to self or others. In a hostage situation, once it has been contained and attempts to negotiate have begun, only the Warden may order the use of firearms to resolve the hostage situation. Warning shots will not be fired as in an attempt to resolve a hostage situation, nor used to create a diversion. c. Protect Government Property. Firearms may be used to prevent damage to or destruction of Government property when the loss of that property could contribute directly to an escape or attempted escape, serious physical injury, or loss of life. For example, the use of firearms may be necessary when persons are attempting to damage or disable a fire truck during a fire within the institution. If individuals attempt to break into a EFTA00122163 PS 5500.14 10/19/2012 Chapter 7, Page 7 building where weapons, gas, or other security risk items are stored, firearms may also be used. Firearms must be used in the same manner as for escapes; verbal warnings and warning shots should be given, when feasible, prior to shooting the subject. When authorized, warning shots should be used only if there is no apparent danger to other staff, other inmates, or the community. Verbal warnings and warning shots are not required when the employee reasonably believes there is imminent danger of death or serious physical injury to self or others. d. Maintain or Restore Control of a Correctional Institution. Firearms may be used to maintain or restore control of a correctional institution when the employee reasonably believes the intended subject of the use of firearms is participating in a disturbance in a manner that threatens the safety of staff, other inmates, or the community. Firearms must be used in the same manner as for escapes; verbal warnings and warning shots should be given, when feasible, prior to shooting the subject. When authorized, warning shots should be used only if there is no apparent danger to staff, other inmates, or the community. Verbal warnings and warning shots are not required when the employee reasonably believes there is imminent danger of death or serious physical injury to self or others. 703. ARMED ESCORT BY COMMERCIAL AVIATION. The Warden may authorize staff to carry firearms when transporting an inmate by commercial air carrier. Title 14 CFR Part 108.11, Carriage of Weapons, and Part 108.21, Carriage of Passengers Under the Control of Armed Law Enforcement Escorts (1995), allows law enforcement officials, while performing their duties, to travel while armed. Staff must notify the air carrier prior to departing the institution of the intent to carry firearms. Staff must complete all required forms and provide required information to the carrier. Staff must follow the procedures detailed in the above referenced regulations. EFTA00122164 PS 5500.14 10/19/2012 Chapter 7, Page 8 When not transporting inmates, Bureau staff, carrying firearms aboard commercial aircraft, must declare this to the carrier and have the weapon placed in checked baggage. The above referenced regulations should be referred to for additional requirements concerning the placement of firearms in checked baggage. 704. REPORTING REQUIREMENTS. A written report must be submitted to the Warden upon the discharge of any firearm, privately owned or issued by the Bureau. This rule applies when the employees is on duty and off duty, except for training or recreational purposes. For an incident while on duty, the report must be submitted prior to the end of the employee's duty shift. For an incident while off duty, the report must be submitted prior to the end of the employee's next duty shift. The discharge of any firearm, once reported, will be investigated and reviewed through the After-Action Reporting and Review processes. 705. IDENTIFICATION BADGES. Upon request, the Correctional Services Administrator, Central Office, will issue Bureau identification badges in leather carrying cases to each institution. The Captain will maintain strict accountability of Bureau badges. Lost or stolen badges must be reported immediately in writing to the Correctional Services Branch, Central Office. Except for tower and perimeter patrols and established stationary check points, staff assigned to duties which require the carrying of firearms will be issued a Bureau identification badge. The badge must be displayed when necessary to establish the staff member's authorization to carry a firearm. Appropriate badge holders will be provided so as to allow the employee the ability to securely attach the badge to his or her outerwear. Badges may not be used as methods of routine identification. Employee procurement or possession of unauthorized badges, either official or duplicated, is prohibited (see the Program Statement on Standards of Employee Conduct). EFTA00122165 PS 5500.14 10/19/2012 Chapter 7, Page 9 706. NON-DISCLOSURE OF BUREAU STAFF NAMES IN SHOOTING INCIDENTS. Disclosure of an employee's name following a shooting incident will follow the guidelines as prescribed in the Program Statement on News Media Contacts. EFTA00122166 EFTA00122167 EFTA00122168 EFTA00122169 EFTA00122170 EFTA00122171 EFTA00122172 EFTA00122173 EFTA00122174 EFTA00122175 EFTA00122176 EFTA00122177 EFTA00122178 EFTA00122179 EFTA00122180 EFTA00122181 EFTA00122182 EFTA00122183 EFTA00122184 EFTA00122185 EFTA00122186 EFTA00122187 EFTA00122188 EFTA00122189 EFTA00122190 EFTA00122191 EFTA00122192 EFTA00122193 EFTA00122194 EFTA00122195 EFTA00122196 EFTA00122197 EFTA00122198 EFTA00122199 EFTA00122200 EFTA00122201 EFTA00122202 EFTA00122203 EFTA00122204 EFTA00122205 EFTA00122206 EFTA00122207 EFTA00122208 EFTA00122209 ## INSTITUTIONAL SUPPLEMENTS/PROGRAM STATEMENTS
INSTITUTIONAL SOFTWARE
FIREARMS AND BADGESP.S. 500.13
INMATE ACCOUNTABILITYI.S. NYM 5511.06
INMATE PERSONAL PROPERTYI.S. NYM 5580.07
SECURITY INSPECTIONSI.S. NYM 5500.13
TOOL CONTROLI.S. NYM 5500.13
MAIL MANAGEMENTP.S. 5800.16
VISITING PROCEDURESI.S. NYM 5267.08
INMATE CORRESPONDENCEI.S. NYM 5265.14
ALCOHOL SURVEILLANCE/TESTINGI.S. NYM 6590.07
ENTRANCE PROCEDURESI.S. NYM 5500.13
INMATE TELEPHONESP.S. 5264.08
.ON SCREENINGP.S. 5522.02
SEARCHING/DETAINING PERSONSP.S. 5510.15
SEXUAL ABUSE PREVENTION/INTERVENTIONP.S. 5324.12
INMATE DISCIPLINEP.S. 5270.09
SPECIAL HOUSINGP.S. 5270.10
SUICIDE PREVENTIONP.S. 5324.08
SEARCHES OF HOUSING UNITS/INMATES AND WORK AREASP.S. 5521.06
ESCORTED TRIPSP.S. 5538.07
USE OF FORCE/APPLICATION OF RESTRAINTSI.S. NYM 5566.06
POSTED PICTURE FILEP.S. 5510.13
HUNGER STRIKESP.S. 5562.05
ESCAPES DEATH NOTIFICATIONSP.S. 5553.07
EFTA00122210 PS 5500.14 10/19/2012 Chapter 7, Page 1 ## CHAPTER 7 FIREARMS AND BADGES 700. DEFINITIONS. Probable cause, reasonable determination, or reasonable belief means facts and circumstances known to the employee at the time of the use of firearms that would cause a reasonable employee to conclude that the action is appropriate. 701. CARRYING OF FIREARMS. Title 18 U.S.C. § 3050, authorizes the Attorney General to prescribe rules and regulations relating to the carrying of firearms by Bureau officers and employees. This authority is delegated to the Director in 28 CFR 0.96(o). When approved by the Warden, institution staff are permitted to carry firearms when: - transporting inmates. - assigned to escape posts, and - assigned to security posts which require firearms as standard issued equipment. Post orders, riot plans, and escape plans will include instructions for carrying firearms. Carrying or the use of personal or privately owned firearms while on duty is prohibited. a. Duty Assignment. Employees must not be assigned to duties that require the carrying of firearms prior to successfully completing the firearms familiarization training course. b. Staff Qualification. New employees must not be assigned to posts requiring the carrying of firearms before completing the Introduction to Correctional Techniques Training at the Federal Law Enforcement Training Center. In extraordinary circumstances, an exception may be made for an employee who has completed the local firearms familiarization training with written approval of the Warden and Regional Director. c. Re-qualification. Staff must complete satisfactorily the Bureau's approved firearms training course each year. Allowances will be made in accordance with applicable laws, rules, and regulations. EFTA00122211 PS 5500.14 10/19/2012 Chapter 7, Page 2 Chaplains, dentists, physicians, and other positions which the Director specifically exempts from carrying firearms are not required to complete the firearms familiarization training conducted at the institution and Staff Training Academy. d. Other Use of Firearms. Only the Director or Director's designee may authorize, in writing, Bureau staff to carry Government-issued firearms for purposes not expressed in this Program Statement. 702. USE OF FIREARMS. Firearms must be used only when deemed necessary for the following Law Enforcement purposes: - Prevent escapes; - Prevent loss of life or serious physical injury; - Protect government property, upon determination that the damage or loss of property would contribute directly to an escape, loss of life, or serious physical injury; and - Maintain or restore control of a correctional institution. The use of firearms is prohibited if force other than firearms appear reasonably sufficient to accomplish law enforcement purposes. Examples are, but not limited to: - Prevention of escape; - Prevention serious physical injury; and - Restoration of control in a correctional institution. The necessity to use firearms arises when all available means of achieving the law enforcement purpose have failed or are likely to fail. An employee is not required to jeopardize personal safety or the safety of others before using firearms to prevent serious injuries/bodily harm or death. If use of firearms is deemed necessary, staff must shoot the subject with every intention of hitting "center mass" to ensure the subject is stopped. EFTA00122212 PS 5500.14 10/19/2012 Chapter 7, Page 3 Staff will not attempt to shoot a limb which creates a lesser chance of stopping the subject and may pose a danger to staff, other inmates, or persons in the community. Firearms must not be used solely to disable moving vehicles or aircraft. Firearms will only be used against the driver or other occupants of a moving vehicle when the: - Employee has a reasonable belief that the subject poses an imminent danger of death or serious physical injury to the employee or others. - Public safety benefits of using such force outweigh the risks to the safety of the employee or others. As soon as practicable, medical attention must be provided to any persons injured during an incident involving use of firearms. Firearms will not be used if the employee recognizes a potential escapee as an inmate sentenced under the Juvenile Justice and Delinquency Prevention Act. a. Escape Prevention. The use of firearms is authorized when deemed necessary to prevent an escape in the following situations. (1) Perimeter Walls. At institutions secured with perimeter walls, prior to using firearms, staff must reasonably believe that an inmate has the capability to escape. For example, the inmate may be carrying items that could be used to perpetrate an escape, such as, but not limited to, a ladder, grappling hook, or rope, suggesting an intent to escape. An employee who determines an escape is in progress must issue a verbal warning, then fire a warning shot prior to shooting the subject. (2) Multiple Perimeter Fences. At institutions secured with multiple perimeter fences, prior to using firearms, staff must reasonably believe that an inmate has the capability to escape. For example, the inmate may be carrying items such as, but not limited to, a ladder, blankets, grappling hooks, ropes, broom handles, or sticks, that will perpetrate an escape. EFTA00122213 PS 5500.14 10/19/2012 Chapter 7, Page 4 An employee who determines an escape is in progress must issue a verbal warning, then fire a warning shot prior to shooting the subject. Verbal warnings and warning shots are not required when the employee reasonably believes there is imminent threat danger of death or serious physical injury to self or others. When authorized, throughout this policy, warning shots should be used only if there is no apparent danger to self, other staff and inmates, or the community. Warning shots will be fired into the ground and never into the air or in an indiscriminate direction. The inmate is not required to be on the first/inner perimeter fence before the employee issues the warning. When the inmate actually contacts the first/inner perimeter fence in an attempt to climb or demonstrates an attempt to get on or over the first/inner perimeter fence, and the employee reasonably determines an escape is being attempted, the employee may shoot the subject. The employee is not required to wait until the inmate is between the perimeter fences or over the first/inner fences. (3) Metropolitan Correctional Centers (MCCs) and Metropolitan Detention Centers (MDCs). When an employee reasonably determines that an escape is being attempted from a MCC or MDC, the employee should give a verbal warning. If the inmate continues, the employee may shoot the subject. Warning shots are prohibited due to the possibility of injury to innocent bystanders. (4) Minimum Security Institutions. Ordinarily, firearms are not used to prevent escapes from minimum security level institutions. However, weapons are authorized when the escaping inmate has used or threatened to use force which is likely to cause serious physical injury or has manifested an imminent threat of death or serious physical injury to the employee, other staff and inmates, or the community. Verbal warnings and warning shots should be used when feasible. (5) Escapes with Outside Assistance. Firearms may be used against persons who are not inmates, if they are facilitating an escape and have used or threatened to use force which is likely EFTA00122214 PS 5500.14 10/19/2012 Chapter 7, Page 5 to cause death or serious physical injury against the employee, other staff and inmates, or the community. Verbal warnings and warning shots must be used when feasible. (6) Escape from Escorted Trip or Prisoner Transport. When an employee reasonably determines an escape is being attempted from an escorted trip or prisoner transport, the employee must issue a verbal warning. If the inmate continues and the escape is occurring within the immediate environs of a correctional institution, the employee will fire a warning shot, if feasible, prior to shooting the subject. Outside the immediate environs of a correctional institution, the employee should not fire a warning shot prior to shooting the subject due to the possibility of injury to innocent bystanders. Absent the use or threat of force which would likely cause serious physical injury or a manifested imminent threat of death or serious physical injury to the employee, other staff and inmates, or the community, it is not permissible to use firearms to prevent an escape of an inmate in transit to or from a minimum security level institution. The exception to the rule is when the escorting employees are transporting inmates at the same time to a minimum and non-minimum security level institutions. (7) Once An Escape Has Occurred. After an escape from a transport vehicle or an institution, and the immediate environs has been successful, employees attempting to apprehend the escaped prisoner may not use firearms unless there is probable cause to believe: (a) The subject has committed a felony involving the infliction or threatened infliction of serious physical injury or death. (b) The subject's escape would pose an imminent danger of death or serious physical injury to the employee or others. Note: The phrase "after an escape from a transport vehicle or an institution and the immediate environs has been effectuated" should be interpreted in the following manner: EFTA00122215 PS 5500.14 10/19/2012 Chapter 7, Page 6 - As long as a staff member is in continuous pursuit of an escaping inmate, whether the escape takes place from an institution, transport vehicle, or outside facility (such as a hospital), the escape has not yet been effectuated. The use of firearms is permissible under the escaping inmate standard. - The immediate environs of an institution is defined as the property lines of the correctional facility. This boundary may be expanded by the Warden with the Regional Director's concurrence and should be defined as explicitly as possible. A verbal warning should be given if it would not pose a risk of death or serious bodily injury to the officer or others. Warning shots are prohibited due to the possibility of injury to innocent bystanders. b. Prevent the Loss of Life or Serious Physical Injury. Staff may use firearms when reasonable belief exists that the subject poses a threat of death or serious physical injury to staff, inmates, or others. Firearms will be used in the same manner as for escapes; verbal warnings and warning shots should be given, when feasible, prior to shooting the subject. When authorized, warning shots should be used only if there is no apparent danger to other staff and inmates, or the community. Verbal warnings and warning shots are not required when the employee reasonably believes there is imminent danger of death or serious physical injury to self or others. In a hostage situation, once it has been contained and attempts to negotiate have begun, only the Warden may order the use of firearms to resolve the hostage situation. Warning shots will not be fired as in an attempt to resolve a hostage situation, nor used to create a diversion. c. Protect Government Property. Firearms may be used to prevent damage to or destruction of Government property when the loss of that property could contribute directly to an escape or attempted escape, serious physical injury, or loss of life. For example, the use of firearms may be necessary when persons are attempting to damage or disable a fire truck during a fire within the institution. If individuals attempt to break into a EFTA00122216 PS 5500.14 10/19/2012 Chapter 7, Page 7 building where weapons, gas, or other security risk items are stored, firearms may also be used. Firearms must be used in the same manner as for escapes; verbal warnings and warning shots should be given, when feasible, prior to shooting the subject. When authorized, warning shots should be used only if there is no apparent danger to other staff, other inmates, or the community. Verbal warnings and warning shots are not required when the employee reasonably believes there is imminent danger of death or serious physical injury to self or others. d. Maintain or Restore Control of a Correctional Institution. Firearms may be used to maintain or restore control of a correctional institution when the employee reasonably believes the intended subject of the use of firearms is participating in a disturbance in a manner that threatens the safety of staff, other inmates, or the community. Firearms must be used in the same manner as for escapes; verbal warnings and warning shots should be given, when feasible, prior to shooting the subject. When authorized, warning shots should be used only if there is no apparent danger to staff, other inmates, or the community. Verbal warnings and warning shots are not required when the employee reasonably believes there is imminent danger of death or serious physical injury to self or others. 703. ARMED ESCORT BY COMMERCIAL AVIATION. The Warden may authorize staff to carry firearms when transporting an inmate by commercial air carrier. Title 14 CFR Part 108.11, Carriage of Weapons, and Part 108.21, Carriage of Passengers Under the Control of Armed Law Enforcement Escorts (1995), allows law enforcement officials, while performing their duties, to travel while armed. Staff must notify the air carrier prior to departing the institution of the intent to carry firearms. Staff must complete all required forms and provide required information to the carrier. Staff must follow the procedures detailed in the above referenced regulations. EFTA00122217 PS 5500.14 10/19/2012 Chapter 7, Page 8 When not transporting inmates, Bureau staff, carrying firearms aboard commercial aircraft, must declare this to the carrier and have the weapon placed in checked baggage. The above referenced regulations should be referred to for additional requirements concerning the placement of firearms in checked baggage. 704. REPORTING REQUIREMENTS. A written report must be submitted to the Warden upon the discharge of any firearm, privately owned or issued by the Bureau. This rule applies when the employees is on duty and off duty, except for training or recreational purposes. For an incident while on duty, the report must be submitted prior to the end of the employee's duty shift. For an incident while off duty, the report must be submitted prior to the end of the employee's next duty shift. The discharge of any firearm, once reported, will be investigated and reviewed through the After-Action Reporting and Review processes. 705. IDENTIFICATION BADGES. Upon request, the Correctional Services Administrator, Central Office, will issue Bureau identification badges in leather carrying cases to each institution. The Captain will maintain strict accountability of Bureau badges. Lost or stolen badges must be reported immediately in writing to the Correctional Services Branch, Central Office. Except for tower and perimeter patrols and established stationary check points, staff assigned to duties which require the carrying of firearms will be issued a Bureau identification badge. The badge must be displayed when necessary to establish the staff member's authorization to carry a firearm. Appropriate badge holders will be provided so as to allow the employee the ability to securely attach the badge to his or her outerwear. Badges may not be used as methods of routine identification. Employee procurement or possession of unauthorized badges, either official or duplicated, is prohibited (see the Program Statement on Standards of Employee Conduct). EFTA00122218 PS 5500.14 10/19/2012 Chapter 7, Page 9 706. NON-DISCLOSURE OF BUREAU STAFF NAMES IN SHOOTING INCIDENTS. Disclosure of an employee's name following a shooting incident will follow the guidelines as prescribed in the Program Statement on News Media Contacts. EFTA00122219 EFTA00122220 EFTA00122221 EFTA00122222 EFTA00122223 EFTA00122224 EFTA00122225 EFTA00122226 EFTA00122227 EFTA00122228 EFTA00122229 EFTA00122230 EFTA00122231 EFTA00122232 EFTA00122233 EFTA00122234 EFTA00122235 EFTA00122236 EFTA00122237 EFTA00122238 EFTA00122239 EFTA00122240 EFTA00122241 EFTA00122242 EFTA00122243 EFTA00122244 EFTA00122245 EFTA00122246 EFTA00122247 EFTA00122248 EFTA00122249 EFTA00122250 EFTA00122251 EFTA00122252 EFTA00122253 EFTA00122254 EFTA00122255 EFTA00122256 EFTA00122257 EFTA00122258 EFTA00122259 EFTA00122260 EFTA00122261 EFTA00122262 EFTA00122263 EFTA00122264 EFTA00122265 EFTA00122266 EFTA00122267 EFTA00122268 EFTA00122269 EFTA00122270 EFTA00122271 1 EFTA00122272 EFTA00122273 EFTA00122274 INSTITUTIONAL SUPPLEMENTS/PROGRAM STATEMENTS
FIREARMS AND BADGESP.S. 500.13
INMATE ACCOUNTABILITYI.S. NYM 5511.06
INMATE PERSONAL PROPERTYI.S. NYM 5580.07
SECURITY INSPECTIONSI.S. NYM 5500.13
TOOL CONTROLI.S. NYM 5500.13
MAIL MANAGEMENTP.S. 5800.16
VISITING PROCEDURESI.S. NYM 5267.08
INMATE CORRESPONDENCEI.S. NYM 5265.14
ALCOHOL SURVEILLANCE/TESTINGI.S. NYM 6590.07
ENTRANCE PROCEDURESI.S. NYM 5500.13
INMATE TELEPHONESP.S. 5264.08
ON SCREENINGP.S. 5522.02
SEARCHING/DETAINING PERSONSP.S. 5510.15
SEXUAL ABUSE PREVENTION/INTERVENTIONP.S. 5324.12
INMATE DISCIPLINEP.S. 5270.09
SPECIAL HOUSINGP.S. 5270.10
SUICIDE PREVENTIONP.S. 5324.08
SEARCHES OF HOUSING UNITS/INMATES AND WORK AREASP.S. 5521.06
ESCORTED TRIPSP.S. 5538.07
USE OF FORCE/APPLICATION OF RESTRAINTSI.S. NYM 5566.06
POSTED PICTURE FILEP.S. 5510.13
HUNGER STRIKESP.S. 5562.05
ESCAPES DEATH NOTIFICATIONSP.S. 5553.07
EFTA00122275 PS 5500.14 10/19/2012 Chapter 7, Page 1 ## CHAPTER 7 FIREARMS AND BADGES 700. DEFINITIONS. Probable cause, reasonable determination, or reasonable belief means facts and circumstances known to the employee at the time of the use of firearms that would cause a reasonable employee to conclude that the action is appropriate. 701. CARRYING OF FIREARMS. Title 18 U.S.C. § 3050, authorizes the Attorney General to prescribe rules and regulations relating to the carrying of firearms by Bureau officers and employees. This authority is delegated to the Director in 28 CFR 0.96(o). When approved by the Warden, institution staff are permitted to carry firearms when: - transporting inmates, - assigned to escape posts, and - assigned to security posts which require firearms as standard issued equipment. Carrying or the use of personal or privately owned firearms while on duty is prohibited. Post orders, riot plans, and escape plans will include instructions for carrying firearms. a. Duty Assignment. Employees must not be assigned to duties that require the carrying of firearms prior to successfully completing the firearms familiarization training course. b. Staff Qualification. New employees must not be assigned to posts requiring the carrying of firearms before completing the Introduction to Correctional Techniques Training at the Federal Law Enforcement Training Center. In extraordinary circumstances, an exception may be made for an employee who has completed the local firearms familiarization training with written approval of the Warden and Regional Director. c. Re-qualification. Staff must complete satisfactorily the Bureau's approved firearms training course each year. Allowances will be made in accordance with applicable laws, rules, and regulations. EFTA00122276 PS 5500.14 10/19/2012 Chapter 7, Page 2 Chaplains, dentists, physicians, and other positions which the Director specifically exempts from carrying firearms are not required to complete the firearms familiarization training conducted at the institution and Staff Training Academy. d. Other Use of Firearms. Only the Director or Director's designee may authorize, in writing, Bureau staff to carry Government-issued firearms for purposes not expressed in this Program Statement. 702. USE OF FIREARMS. Firearms must be used only when deemed necessary for the following Law Enforcement purposes: - Prevent escapes; - Prevent loss of life or serious physical injury; - Protect government property, upon determination that the damage or loss of property would contribute directly to an escape, loss of life, or serious physical injury; and - Maintain or restore control of a correctional institution. The use of firearms is prohibited if force other than firearms appear reasonably sufficient to accomplish law enforcement purposes. Examples are, but not limited to: - Prevention of escape; - Prevention serious physical injury; and - Restoration of control in a correctional institution. The necessity to use firearms arises when all available means of achieving the law enforcement purpose have failed or are likely to fail. An employee is not required to jeopardize personal safety or the safety of others before using firearms to prevent serious injuries/bodily harm or death. If use of firearms is deemed necessary, staff must shoot the subject with every intention of hitting "center mass" to ensure the subject is stopped. EFTA00122277 PS 5500.14 10/19/2012 Chapter 7, Page 3 Staff will not attempt to shoot a limb which creates a lesser chance of stopping the subject and may pose a danger to staff, other inmates, or persons in the community. Firearms must not be used solely to disable moving vehicles or aircraft. Firearms will only be used against the driver or other occupants of a moving vehicle when the: - Employee has a reasonable belief that the subject poses an imminent danger of death or serious physical injury to the employee or others. - Public safety benefits of using such force outweigh the risks to the safety of the employee or others. As soon as practicable, medical attention must be provided to any persons injured during an incident involving use of firearms. Firearms will not be used if the employee recognizes a potential escapee as an inmate sentenced under the Juvenile Justice and Delinquency Prevention Act. a. Escape Prevention. The use of firearms is authorized when deemed necessary to prevent an escape in the following situations. (1) Perimeter Walls. At institutions secured with perimeter walls, prior to using firearms, staff must reasonably believe that an inmate has the capability to escape. For example, the inmate may be carrying items that could be used to perpetrate an escape, such as, but not limited to, a ladder, grappling hook, or rope, suggesting an intent to escape. An employee who determines an escape is in progress must issue a verbal warning, then fire a warning shot prior to shooting the subject. (2) Multiple Perimeter Fences. At institutions secured with multiple perimeter fences, prior to using firearms, staff must reasonably believe that an inmate has the capability to escape. For example, the inmate may be carrying items such as, but not limited to, a ladder, blankets, grappling hooks, ropes, broom handles, or sticks, that will perpetrate an escape. EFTA00122278 PS 5500.14 10/19/2012 Chapter 7, Page 4 An employee who determines an escape is in progress must issue a verbal warning, then fire a warning shot prior to shooting the subject. Verbal warnings and warning shots are not required when the employee reasonably believes there is imminent threat danger of death or serious physical injury to self or others. When authorized, throughout this policy, warning shots should be used only if there is no apparent danger to self, other staff and inmates, or the community. Warning shots will be fired into the ground and never into the air or in an indiscriminate direction. The inmate is not required to be on the first/inner perimeter fence before the employee issues the warning. When the inmate actually contacts the first/inner perimeter fence in an attempt to climb or demonstrates an attempt to get on or over the first/inner perimeter fence, and the employee reasonably determines an escape is being attempted, the employee may shoot the subject. The employee is not required to wait until the inmate is between the perimeter fences or over the first/inner fences. (3) Metropolitan Correctional Centers (MCCs) and Metropolitan Detention Centers (MDCs). When an employee reasonably determines that an escape is being attempted from a MCC or MDC, the employee should give a verbal warning. If the inmate continues, the employee may shoot the subject. Warning shots are prohibited due to the possibility of injury to innocent bystanders. (4) Minimum Security Institutions. Ordinarily, firearms are not used to prevent escapes from minimum security level institutions. However, weapons are authorized when the escaping inmate has used or threatened to use force which is likely to cause serious physical injury or has manifested an imminent threat of death or serious physical injury to the employee, other staff and inmates, or the community. Verbal warnings and warning shots should be used when feasible. (5) Escapes with Outside Assistance. Firearms may be used against persons who are not inmates, if they are facilitating an escape and have used or threatened to use force which is likely EFTA00122279 PS 5500.14 10/19/2012 Chapter 7, Page 5 to cause death or serious physical injury against the employee, other staff and inmates, or the community. Verbal warnings and warning shots must be used when feasible. (6) Escape from Escorted Trip or Prisoner Transport. When an employee reasonably determines an escape is being attempted from an escorted trip or prisoner transport, the employee must issue a verbal warning. If the inmate continues and the escape is occurring within the immediate environs of a correctional institution, the employee will fire a warning shot, if feasible, prior to shooting the subject. Outside the immediate environs of a correctional institution, the employee should not fire a warning shot prior to shooting the subject due to the possibility of injury to innocent bystanders. Absent the use or threat of force which would likely cause serious physical injury or a manifested imminent threat of death or serious physical injury to the employee, other staff and inmates, or the community, it is not permissible to use firearms to prevent an escape of an inmate in transit to or from a minimum security level institution. The exception to the rule is when the escorting employees are transporting inmates at the same time to a minimum and non-minimum security level institutions. (7) Once An Escape Has Occurred. After an escape from a transport vehicle or an institution, and the immediate environs has been successful, employees attempting to apprehend the escaped prisoner may not use firearms unless there is probable cause to believe: (a) The subject has committed a felony involving the infliction or threatened infliction of serious physical injury or death. (b) The subject's escape would pose an imminent danger of death or serious physical injury to the employee or others. Note: The phrase "after an escape from a transport vehicle or an institution and the immediate environs has been effectuated" should be interpreted in the following manner: EFTA00122280 PS 5500.14 10/19/2012 Chapter 7, Page 6 - As long as a staff member is in continuous pursuit of an escaping inmate, whether the escape takes place from an institution, transport vehicle, or outside facility (such as a hospital), the escape has not yet been effectuated. The use of firearms is permissible under the escaping inmate standard. - The immediate environs of an institution is defined as the property lines of the correctional facility. This boundary may be expanded by the Warden with the Regional Director's concurrence and should be defined as explicitly as possible. A verbal warning should be given if it would not pose a risk of death or serious bodily injury to the officer or others. Warning shots are prohibited due to the possibility of injury to innocent bystanders. b. Prevent the Loss of Life or Serious Physical Injury. Staff may use firearms when reasonable belief exists that the subject poses a threat of death or serious physical injury to staff, inmates, or others. Firearms will be used in the same manner as for escapes; verbal warnings and warning shots should be given, when feasible, prior to shooting the subject. When authorized, warning shots should be used only if there is no apparent danger to other staff and inmates, or the community. Verbal warnings and warning shots are not required when the employee reasonably believes there is imminent danger of death or serious physical injury to self or others. In a hostage situation, once it has been contained and attempts to negotiate have begun, only the Warden may order the use of firearms to resolve the hostage situation. Warning shots will not be fired as in an attempt to resolve a hostage situation, nor used to create a diversion. c. Protect Government Property. Firearms may be used to prevent damage to or destruction of Government property when the loss of that property could contribute directly to an escape or attempted escape, serious physical injury, or loss of life. For example, the use of firearms may be necessary when persons are attempting to damage or disable a fire truck during a fire within the institution. If individuals attempt to break into a EFTA00122281 PS 5500.14 10/19/2012 Chapter 7, Page 7 building where weapons, gas, or other security risk items are stored, firearms may also be used. Firearms must be used in the same manner as for escapes; verbal warnings and warning shots should be given, when feasible, prior to shooting the subject. When authorized, warning shots should be used only if there is no apparent danger to other staff, other inmates, or the community. Verbal warnings and warning shots are not required when the employee reasonably believes there is imminent danger of death or serious physical injury to self or others. d. Maintain or Restore Control of a Correctional Institution. Firearms may be used to maintain or restore control of a correctional institution when the employee reasonably believes the intended subject of the use of firearms is participating in a disturbance in a manner that threatens the safety of staff, other inmates, or the community. Firearms must be used in the same manner as for escapes; verbal warnings and warning shots should be given, when feasible, prior to shooting the subject. When authorized, warning shots should be used only if there is no apparent danger to staff, other inmates, or the community. Verbal warnings and warning shots are not required when the employee reasonably believes there is imminent danger of death or serious physical injury to self or others. 703. ARMED ESCORT BY COMMERCIAL AVIATION. The Warden may authorize staff to carry firearms when transporting an inmate by commercial air carrier. Title 14 CFR Part 108.11, Carriage of Weapons, and Part 108.21, Carriage of Passengers Under the Control of Armed Law Enforcement Escorts (1995), allows law enforcement officials, while performing their duties, to travel while armed. Staff must notify the air carrier prior to departing the institution of the intent to carry firearms. Staff must complete all required forms and provide required information to the carrier. Staff must follow the procedures detailed in the above referenced regulations. EFTA00122282 PS 5500.14 10/19/2012 Chapter 7, Page 8 When not transporting inmates, Bureau staff, carrying firearms aboard commercial aircraft, must declare this to the carrier and have the weapon placed in checked baggage. The above referenced regulations should be referred to for additional requirements concerning the placement of firearms in checked baggage. 704. REPORTING REQUIREMENTS. A written report must be submitted to the Warden upon the discharge of any firearm, privately owned or issued by the Bureau. This rule applies when the employees is on duty and off duty, except for training or recreational purposes. For an incident while on duty, the report must be submitted prior to the end of the employee's duty shift. For an incident while off duty, the report must be submitted prior to the end of the employee's next duty shift. The discharge of any firearm, once reported, will be investigated and reviewed through the After-Action Reporting and Review processes. 705. IDENTIFICATION BADGES. Upon request, the Correctional Services Administrator, Central Office, will issue Bureau identification badges in leather carrying cases to each institution. The Captain will maintain strict accountability of Bureau badges. Lost or stolen badges must be reported immediately in writing to the Correctional Services Branch, Central Office. Except for tower and perimeter patrols and established stationary check points, staff assigned to duties which require the carrying of firearms will be issued a Bureau identification badge. The badge must be displayed when necessary to establish the staff member's authorization to carry a firearm. Appropriate badge holders will be provided so as to allow the employee the ability to securely attach the badge to his or her outerwear. Badges may not be used as methods of routine identification. Employee procurement or possession of unauthorized badges, either official or duplicated, is prohibited (see the Program Statement on Standards of Employee Conduct). EFTA00122283 PS 5500.14 10/19/2012 706. NON-DISCLOSURE OF BUREAU STAFF NAMES IN SHOOTING INCIDENTS. Disclosure of an employee's name following a shooting incident will follow the guidelines as prescribed in the Program Statement on News Media Contacts. EFTA00122284