SF 1255

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to corrections; authorizing use of force in 
  1.3             defense of assault in correctional facilities under 
  1.4             the control of or licensed by the commissioner; 
  1.5             amending Minnesota Statutes 1994, section 243.52. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 243.52, is 
  1.8   amended to read: 
  1.9      243.52 [DISCIPLINE; PREVENTION OF ESCAPE.] 
  1.10     If any inmate of any state adult correctional facility 
  1.11  either under the control of the commissioner of corrections or 
  1.12  licensed by the commissioner of corrections under section 
  1.13  241.021 assaults any correctional officer or any other person or 
  1.14  inmate, the assaulted person may use force in defense of the 
  1.15  assault.  If any inmate attempts to damage the buildings or 
  1.16  appurtenances, resists the lawful authority of any correctional 
  1.17  officer, refuses to obey the correctional officer's reasonable 
  1.18  demands, or attempts to escape, the correctional officer may 
  1.19  enforce obedience and discipline or prevent escape by the use of 
  1.20  force.  If any inmate resisting lawful authority is wounded or 
  1.21  killed by the use of force by the correctional officer or 
  1.22  assistants, that conduct is authorized under this section. 
  1.23     As used in this section, "use of force" means conduct which 
  1.24  is defined by sections 609.06 to 609.066.