7-05/000.00 Chemical Agents

For the purposes of this policy, chemical agents are generally classified in the following three categories and shall only be used by trained personnel:

• Aerosol
• Incendiary (flammable)
• Non-incendiary (non-flammable)

In accordance with CDM section 5-01/030.05, “Identification and Classification Symbols for Pregnant Inmates,” and for the purposes of this section, “pregnant inmate” means an inmate that is known to the Department to be pregnant. Inmates known to be pregnant will wear an orange wristband loop along with the K-8 sub-classification code displayed on the wristband. Their uniform consists of a dual-color shirt with a light blue front side and a white back side, and white pants.

When time and circumstances permit, personnel shall request that Correctional Health Services (CHS) staff check the inmate’s medical/mental health records  before chemical agents are used against the inmate. If a medical check finds these agents are contra-indicated or the involved inmate is pregnant, they shall not be used unless to prevent the imminent loss of life or serious bodily injury.

Personnel shall not intentionally expose an inmate known to be pregnant to chemical agents. Absent exigent circumstances requiring immediate use of chemical agents, personnel shall request pregnant inmates move from areas where unintentional exposure to the chemical agents may be reasonably foreseeable. Any refusal by a pregnant inmate shall be video recorded by a supervisor with the rank of sergeant or higher, and medical personnel shall be summoned to the location.

The authorized use of any chemical agent during any disturbance or riotous situation in the Custody Divisions as defined in CDM section 4-01/010.00, “Classification and Reporting of Facility Incidents,” shall have as a primary objective, one or more of the following:

• Prevention of violence
• Suppression and dispersal of riotous assemblies of inmates with minimum hazard to inmates and officers
• Incapacitation and restraint of violent inmates who are endangering life, property, and/or security

Chemical agents shall not be used in the following situations:

• When the inmate no longer presents a danger to personnel or other inmates
• When the inmate is no longer resistive
• Against an inmate known to be pregnant
• When custody personnel have specific knowledge of an inmate’s medical condition, which may be aggravated or affected by such a device
• In a manner that contradicts the manufacturer’s recommendations or Department training

The deployment of incendiary chemical agents (i.e., CS grenades) shall be authorized by the watch commander and the use authorized by a sergeant. The possibility of a structure fire should be considered when making the decision for their use. For this reason, fire equipment shall be requested to the scene prior to the use of CS grenades inside a structure. In situations where the potential to start fires is a concern but the need to use chemical agents exists, consider using a non-burning agent.