SB-1508, As Passed Senate, December 6, 2006

SUBSTITUTE FOR

SENATE BILL NO. 1508

     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 state facility that houses prisoners committed to the

jurisdiction of the department of corrections.  , and includes a

     (ii) A state 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 either of the following:

     (i) A state correctional officer as defined in section 2 of the

correctional officers' training act of 1982, 1982 PA 415, MCL

791.502.

     (ii) A correctional officer employed by a correctional facility

described in subdivision (a)(ii).