November 28, 2006, Introduced by Rep. Hansen and referred to the Committee on Judiciary.
A bill to amend 1893 PA 118, entitled
"An act to revise and consolidate the laws relative to state
prisons, to state houses of correction, and branches of state
prisons and reformatories, and the government and discipline
thereof and to repeal all acts inconsistent therewith,"
by amending section 41 (MCL 800.41), as amended by 1998 PA 513.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
41. (1) If a prisoner or prisoners assault assaults or
batter
any batters a corrections officer
or guard of a
correctional
facility, or assault or batter another prisoner or
any
other person, or damage, damages or attempt attempts to
damage
any part of a correctional facility,
or attempt attempts
to
escape, or resist resists
or disobey any reasonable disobeys
a
lawful command, the corrections officers or guards of the
correctional facility shall use all suitable means to defend
themselves,
to enforce the observance of discipline,
to secure
the
persons of offenders, and to prevent any such
attempt to
escape.
(2)
As used in this section: , "correctional
(a)
"Correctional facility" means a
any of the following:
(i) A facility that houses prisoners committed to the
jurisdiction
of the department of corrections.
, and includes a
(ii) A youth correctional facility operated by the department
of
corrections. or a
(iii) A correction facility operated by a private vendor under
section
20g of 1953 PA 232, MCL 791.232 authorized
under the laws
of this state to receive prisoners.
(b) "Corrections officer" means a state correctional officer
as defined in section 2 of the correctional officers' training act
of 1982, 1982 PA 415, MCL 791.502, or a local corrections officer
as defined in section 2 of the local corrections officers' training
act of 1982, 2003 PA 125, MCL 791.532.