HF 3162

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to corrections; authorizing state 
  1.3             correctional investigators to use force to apprehend 
  1.4             fugitives from state prison; amending Minnesota 
  1.5             Statutes 1996, section 243.52. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 243.52, is 
  1.8   amended to read: 
  1.9      243.52 [DISCIPLINE; PREVENTION OF ESCAPE.] 
  1.10     If any inmate of any adult correctional facility either 
  1.11  under the control of the commissioner of corrections or licensed 
  1.12  by the commissioner of corrections under section 241.021 
  1.13  assaults any correctional officer or any other person or inmate, 
  1.14  the assaulted person may use force in defense of the assault.  
  1.15  If any inmate attempts to damage the buildings or appurtenances, 
  1.16  resists the lawful authority of any correctional officer, 
  1.17  refuses to obey the correctional officer's reasonable demands, 
  1.18  or attempts to escape, the correctional officer may enforce 
  1.19  obedience and discipline or prevent escape by the use of force.  
  1.20  If any inmate resisting lawful authority is wounded or killed by 
  1.21  the use of force by the correctional officer or assistants, that 
  1.22  conduct is authorized under this section. 
  1.23     As used in this section,: 
  1.24     (1) "correctional officer" includes state correctional 
  1.25  investigators who are engaged in the apprehension of fugitives 
  2.1   from state prison; and 
  2.2      (2) "use of force" means conduct which is defined by 
  2.3   sections 609.06 to 609.066.