The BOP should amend the language contained in Correctional Services Manual, 103, Section 1, so as to clarify whether the requirement to consult with medical staff prior to the use of OC spray on an inmate with a known history of respiratory or cardiovascular disease, chronic dermatitis, or psychosis applies to only calculated uses of force or both calculated and immediate uses of force.b. If, in response to recommendation 1, above, the BOP clarifies that the requirement to consult with medical staff prior to the use of OC spray on an inmate with a known history of respiratory or cardiovascular disease, chronic dermatitis, or psychosis applies in the context of an immediate use of force, then the BOP should also clarify within the Correctional Services Manual, 103, whether BOP staff must both consult with medical staff prior to the use of OC spray on an inmate with a known history of respiratory or cardiovascular disease, chronic dermatitis, or psychosis and avoid the use of OC spray on such an inmate unless other means of control have been attempted or deemed likely to be ineffective. (If, based on the response to recommendation 1, there is no requirement to consult with medical staff prior to using OC spray in the context of an immediate use of force, then this recommendation (recommendation 1.b.) becomes moot and there is no need for the BOP to respond to it.)

1b

June 7, 2023

Resolved