Bureau of Prisons program statement on firearms and badges, PS 5500.14 (2012)

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Title	P.S.
FIREARMS AND BADGES	500.13
INMATE ACCOUNTABILITY	5511.06
INMATE PERSONAL PROPERTY	5580.07
SECURITY INSPECTIONS	5500.13
TOOL CONTROL	5500.13
MAIL MANAGEMENT	5800.16
VISITING PROCEDURES	5267.08
INMATE CORRESPONDENCE	5265.14
ALCOHOL SURVEILLANCE/TESTING	6590.07
ENTRANCE PROCEDURES	5500.13
INMATE TELEPHONES	5264.08
ON SCREENING	5522.02
SEARCHING/DETAINING PERSONS	5510.15
SEXUAL ABUSE PREVENTION/INTERVENTION	5324.12
INMATE DISCIPLINE	5270.09
SPECIAL HOUSING	5270.10
SUICIDE PREVENTION	5324.08
SEARCHES OF HOUSING UNITS/INMATES AND WORK AREAS	5521.06
ESCORTED TRIPS	5538.07
USE OF FORCE/APPLICATION OF RESTRAINTS	5566.06
POSTED PICTURE FILE	5510.13
HUNGER STRIKES	5562.05
ESCAPES DEATH NOTIFICATIONS	5553.07

EFTA00122157¶

PS 5500.14 10/19/2012 Chapter 7, Page 1¶

CHAPTER 7¶

FIREARMS AND BADGES¶

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.
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.¶

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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.¶

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.¶

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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.¶

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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¶

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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:¶

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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¶

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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.¶

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.¶

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.¶

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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.¶

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.¶

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).¶

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PS 5500.14 10/19/2012 Chapter 7, Page 9¶

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.

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INSTITUTIONAL SUPPLEMENTS/PROGRAM STATEMENTS¶

INSTITUTIONAL SOFTWARE
FIREARMS AND BADGES	P.S. 500.13
INMATE ACCOUNTABILITY	I.S. NYM 5511.06
INMATE PERSONAL PROPERTY	I.S. NYM 5580.07
SECURITY INSPECTIONS	I.S. NYM 5500.13
TOOL CONTROL	I.S. NYM 5500.13
MAIL MANAGEMENT	P.S. 5800.16
VISITING PROCEDURES	I.S. NYM 5267.08
INMATE CORRESPONDENCE	I.S. NYM 5265.14
ALCOHOL SURVEILLANCE/TESTING	I.S. NYM 6590.07
ENTRANCE PROCEDURES	I.S. NYM 5500.13
INMATE TELEPHONES	P.S. 5264.08
.ON SCREENING	P.S. 5522.02
SEARCHING/DETAINING PERSONS	P.S. 5510.15
SEXUAL ABUSE PREVENTION/INTERVENTION	P.S. 5324.12
INMATE DISCIPLINE	P.S. 5270.09
SPECIAL HOUSING	P.S. 5270.10
SUICIDE PREVENTION	P.S. 5324.08
SEARCHES OF HOUSING UNITS/INMATES AND WORK AREAS	P.S. 5521.06
ESCORTED TRIPS	P.S. 5538.07
USE OF FORCE/APPLICATION OF RESTRAINTS	I.S. NYM 5566.06
POSTED PICTURE FILE	P.S. 5510.13
HUNGER STRIKES	P.S. 5562.05
ESCAPES DEATH NOTIFICATIONS	P.S. 5553.07

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