You asked under what conditions dogs are used by the Department of Correction (DOC) and how often they are used.

SUMMARY

According to information provided by DOC, the department began using dogs in Somers State Prison in 1985 and their use became statewide in 1995. DOC uses canine teams for crowd control, drug interdiction, and contraband searches. DOC states that they developed canine teams as a visible deterrent, to assist staff, and to provide a non-lethal response to inmate violence in facilities, particularly when there is a high risk of injury to the public, staff, or other inmates. DOC states that its 22 canine teams are used on a daily basis to maintain order and that drug detection is an important role, both for searching inmates and preventing drugs from entering facilities.

DOC administrative directives generally authorize a DOC employee performing his duties to use physical force on an inmate to maintain discipline, order, safety, and security. The directives establish requirements before using force. They authorize using canines as a use of force. Regarding cell extractions, a recent change to a directive states that a canine can only be used as physical force to extract an inmate from a cell when there is an imminent threat to the life of staff, inmates, or the public. The directives set out more details governing canine teams and the use of physical force.

From January 2005 through December 2005, DOC states that canine teams assisted staff with about 20 planned uses of force. In 11 of these, the team was involved with cell extraction and in nine the team was present but not directly involved. In one incident, a canine apprehended an escaped inmate. In 2005, there were two incidents where an individual was inadvertently bitten: in one an inmate was injured and in the other a staff member. Both sustained puncture wounds on the hand. DOC states that it did not find any complaints or grievances filed by inmates about canines over two years.

Attached is a copy of the report from Human Rights Watch that you mentioned in your request and copies of the DOC administrative directives discussed in this report.

CANINE TEAMS

DOC administrative directives define a canine team as a canine handler and a dog trained to assist staff in security, control, and contraband detection and training. Canine units can be assigned for (1) control of disruptive inmates, (2) mass disturbances, (3) contraband detection, (4) searches and escapes, (5) routine security patrols, and (6) special assignments.

The major of the operations division can send canine teams to facilities or community locations for routine patrols, narcotics interdiction, and controlling disruptive inmates. At a facility, the canine team is under the command of the facility's unit administrator. The unit administrator, in consultation with the major of operations, must authorize using canine teams to detect illicit substances that are not routine searches.

The directives authorize placing a canine team on alert and mobilizing and deploying them when circumstances pose a serious threat to the safety and security of the public, staff, inmates, or facility. The major of operations or a higher authority in the chain of command can (1) place teams on alert, and (2) mobilize them when emergency action is required (with immediate notification as required by directives on reporting incidents and emergency plans). A unit administrator or higher authority can deploy them independently or with tactical operations teams. But these requirements do not prevent the highest ranking authority on-site from initiating immediate action when circumstances require.

In an emergency, the major of operations consults with the director of tactical operations and deputy commissioner of operations to respond to the situation and coordinates with the canine district supervisor for further canine assistance.

The directive also sets training requirements and standards for choosing canine handlers and supervisors and sets duties for canine district supervisors and the major of operations (DOC Administrative Directive 6. 11).

USE OF FORCE

The administrative directives set rules for the use of force by DOC personnel. In general, the directives authorize a DOC employee performing his duties to use physical force on an inmate to maintain discipline, order, safety, and security. It specifically states that DOC employees performing their duties can use reasonable physical force to (1) maintain order and discipline, (2) prevent a suicide or self-inflicted injury, (3) defend themselves or others from what they reasonably believe to be the use or imminent use of physical force, and (4) prevent an inmate from escaping (to the extent they reasonably believe it to be necessary).

Force must be reasonable and appropriate to the circumstances based on the situation, information known by DOC personnel at the time, and information reasonably available under the circumstances. Force must promote the safety of the public, staff, and inmates based on sound correctional objectives.

Use of Canines

The unit administrator or his designee must approve using a canine team when the use of force is anticipated. A handler can proceed without authorization only when there is clear and imminent danger to the safety of staff or inmates.

Cell extractions are conducted according to each facility's emergency procedures. DOC recently added a provision to this directive that using a canine as physical force to extract an inmate from a cell can only be authorized when there is an imminent threat to the life of staff, inmates, or the public (effective October 13, 2006). New versions of the two directives discussed in this report (Administrative Directives 6. 5 and 6. 11) incorporate this change and take effect February 15, 2007.

Requirements Before Using Force

Before a planned use of force, a supervisor must summon a video camera to document verbal intervention and the planned use of physical force. If verbal intervention is not successful, the supervisor must confer with a health services staff member and gather pertinent information about the inmate's health and immediate concerns.

Staff must use verbal intervention to try to get voluntary cooperation, control, and compliance if the inmate is secure and there is no immediate threat to staff, the inmate, or others or to the facility's order, safety, and security. When practical, treatment staff (such as mental health, medical, or counseling staff) must be used before a planned use of physical force.

In a housing unit designated for the mentally ill, clinical intervention must be attempted by a qualified mental health provider acting, if possible, with a doctoral-level clinician. The mental health provider must verbally counsel the inmate and attempt to persuade the inmate to cease the behavior.

A supervisor must give the inmate a last verbal warning and advise him that force will be used, including chemical agents or a canine. The inmate must have a reasonable amount of time to comply with lawful direction before reasonable physical force is used. The supervisor must designate appropriate staff to apply force.

Physical force must be reasonably related to the degree and duration necessary to achieve the authorized objective. It cannot be used to harass or punish.

A supervisor must (1) limit the staff involved to those reasonably necessary to control and contain the incident, (2) direct the actions of staff, and (3) assess the well-being of staff and inmates. Those involved in the use of force must look for changes in the inmate that show physical distress or side effects. Any use of physical force to control inmates must be documented.

The directive has additional rules regarding use of restraints, deadly physical force, and chemical agents.

Immediate Threats

Staff can immediately use force or restraints if an inmate's behavior is an immediate threat to himself, others, property, order, or the facility's safety and security.

Nothing precludes a shift supervisor from authorizing the use of physical force in an emergency situation to prevent significant injury to an inmate or another person or damage to property that raises security concerns. Nothing prevents an employee from taking immediate, reasonable action to protect himself or others (DOC Administrative Directive 6. 5).

CR: dw