Act No. 533

Public Acts of 2006

Approved by the Governor

December 28, 2006

Filed with the Secretary of State

December 29, 2006

EFFECTIVE DATE: December 29, 2006

STATE OF MICHIGAN

93RD LEGISLATURE

REGULAR SESSION OF 2006

Introduced by Senator McManus

ENROLLED SENATE BILL No. 1508

AN ACT 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 assaults or batters a corrections officer or any other person, damages or attempts to damage any part of a correctional facility, attempts to escape, or resists or disobeys a lawful command, the corrections officers of the correctional facility shall use all suitable means to defend themselves, to enforce discipline, to secure offenders, and to prevent any escape.

(2) As used in this section:

(a) "Correctional facility" means any of the following:

(i) A state facility that houses prisoners committed to the jurisdiction of the department of corrections.

(ii) A state youth correctional facility operated by the department of corrections.

(iii) A correctional facility operated by a private vendor 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).

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor