Ohio Administrative Code|Rule 5120:1-1-39 | Use of force.

                                                
(A) Parole officers in the exercise of
		  their legal duties as supervisors of a large number of parolees, releasees, and
		  community control offenders, some of whom have a history of aggressive violent
		  behavior, may occasionally be confronted with situations which make it
		  necessary to use force. This administrative regulation specifies the
		  circumstances under which force may be used lawfully.
(B) As used in this administrative
		  regulation:
(1) "Force"
			 means any violence, compulsion, or constraint physically exerted by any means
			 upon or against a person or thing.
(2) "Deadly
			 force" means any force which carries a substantial risk that it will
			 proximately result in the death of any person.
(3) "Physical harm
			 to persons" means any injury, illness, or other physiological impairment
			 regardless of its gravity or duration.
(4) "Serious
			 physical harm to persons" means any of the following:
(a) Any mental illness or condition of such gravity as would
				normally require hospitalization or prolonged psychiatric
				treatment.
(b) Any physical harm which carries a substantial risk of
				death.
(c) Any physical harm which involves some permanent incapacity,
				whether partial or total, or which involves some temporary, substantial
				incapacity.
(d) Any physical harm which involves some permanent disfigurement
				or which involves some temporary, serious disfigurement.
(e) Any physical harm which involves acute pain of such duration
				as to result in substantial suffering, or which involves any degree or
				prolonged or intractable pain.
(5) "Risk"
			 means a significant possibility, as contrasted with a remote possibility, that
			 a certain result may occur or that certain circumstances may
			 exist.
(6) "Substantial
			 risk" means a strong possibility, as contrasted with a remote or
			 significant possibility, that a certain result may occur or that certain
			 circumstances may exist.
(C) An officer is authorized to use
		  force, other than deadly force, when and to the extent he or she reasonably
		  believes that such force is necessary. There are five general situations in
		  which an officer may legally use force against a parolee, releasee, or
		  community control offender.
(1) Self-defense from an
			 assault by a parolee, releasee, or community control offender.
(2) Defense of third
			 persons, such as other employees, individuals under supervision, or
			 by-standers, from an assault by a parolee, releasee or community control
			 offender.
(3) Controlling or
			 subduing a parolee, releasee, or community control offender who refuses to
			 comply with a condition of supervision.
(4) Prevention of a
			 crime.
(5) Prevention of an
			 escape.
(D) Physical harm to persons shall not be used as
		  punishment.
(E) Generally, an officer acting within the scope of his or
		  her duties, is authorized to use deadly force, when and to the extent he or she
		  reasonably believes that such force is necessary to defend oneself or another
		  person from serious physical injury or death.
(F) The use of chokeholds or other
		  vascular neck restraints is prohibited in all circumstances except when
		  officers are justified in using deadly force to defend themselves or others
		  from serious physical injury or death.
(G) Whenever possible, an oral warning
		  shall be given prior to the use of deadly force or when the circumstances may
		  produce physical harm or serious physical harm to a releasee or community
		  control offender.
(H) When force of any kind is exerted on
		  a releasee or community control offender, an unusual incident report shall be
		  submitted within twenty four hours to the chief of the adult parole
		  authority.


Last updated April 8, 2021 at 12:25 PM