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Bills
| 3.23.22

Should Federal Prison Officers be Allowed to Carry Pepper Spray? (S. 238)

Do you support or oppose this bill?

What is S. 238?

(Updated February 24, 2020)

This bill was enacted on March 9, 2016

This bill would require the Bureau of Prisons (BOP) to allow its corrections officers to carry pepper spray under certain circumstances. Any such officer or employee would be required to complete a training course prior to being authorized to carry the pepper spray, in addition to receiving annual training sessions in subsequent years.

The BOP officers and employees that would be able to carry pepper spray include:

  • Officers and employees that work at a prison that is not a minimum or low security prison, and may respond to an emergency situation at the prison;

  • Additional officers and employees as deemed appropriate by the Director of the Bureau of Prisons.

Officers and employees who carry the pepper spray would be authorized to use it to reduce acts of violence committed by prisoners and prison visitors against themselves, other prisoners and visitors, and BOP officers and employees.

Within three years of the BOP beginning to issue pepper spray to its officers and employees, the Comptroller General would be directed to provide Congress with a report that includes:

  • An evaluation of the effectiveness of issuing such spray on reducing crime in such prisons and acts of violence committed by prisoners against themselves or others;

  • An evaluation of the advisability of issuing such spray;

  • Recommendations to improve the safety of BOP officers and employees in prisons.

Known as the Eric WIlliams Correctional Officer Protection Act, this bill was introduced as a way of honoring the memory of Officer Eric WIlliams, a 34 year old corrections officer who was murdered by an inmate while on duty at a federal prison in February 25, 2013.

Argument in favor

Corrections officers at federal prisons put their lives on the line every day, and need the protection that a non-lethal device like pepper spray can offer in emergency situations.

Argument opposed

Allowing federal corrections officers to carry and use pepper spray could lead to it being used improperly against inmates or others at the prison.

Impact

Corrections officers and other BOP employees who would be authorized to carry pepper spray after receiving training, the Comptroller General, the BOP, and the Director of the BOP.

Cost of S. 238

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Sen. Pat Toomey (R-PA) introduced this bill to remedy a BOP policy that is believed to have contributed to the death of Officer Eric WIlliams and prevent the recurrence of similar tragedies:

“I am extremely pleased that the Senate has acted to protect our federal correctional officers by passing bipartisan legislation guaranteeing them use of non-lethal pepper spray. it is shocking that Bureau of Prison policy previously allowed guards to be placed on duty completely unarmed or without any defensive gear — a policy that led to the death of Officer Eric Williams in Wayne County, PA. This victory was made possible by the tireless efforts of Eric Williams’ parents, Don and Jean Williams, who turned their family tragedy into a national effort to protect other officers.”

The Senate passed this legislation by unanimous consent in December 2015 after enjoying the support of nine cosponsors, including two Democrats and seven Republicans.



Media:

Summary by Eric Revell
(Photo Credit: Flickr user myfuture.com)