Ark. Code Ann. § 5-2-613

This is the official text of Ark. Code Ann. § 5-2-613, part of Arkansas’s Code Ann — part of the compiled statutory law of Arkansas, published by the state as "Code Ann." Browse the sections below, each linked to its official government source.

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Use of physical force to prevent escape from correctional facility or custody of correctional officer

Official statutory text

(a) Unless the correctional officer knows or reasonably should know that a prisoner is charged with or has been convicted of only a misdemeanor, a correctional officer employed by the Division of Correction or by a private contractor in a correctional facility housing inmates for the division or a city or county correctional officer employed in a correctional facility or jail is justified in using deadly physical force when and to the extent that the correctional officer reasonably believes the use of deadly physical force is necessary to prevent the escape of a prisoner from: (1) A correctional facility; or (2) Custody of a correctional officer outside a correctional facility for any purpose. (b) If the correctional officer knows or reasonably should know that a prisoner is charged with or has been convicted of only a misdemeanor, only nondeadly physical force may be used. Amended by Act 2019, No. 910,§ 646, eff. 7/1/2019. Acts 1975, No. 280, § 513; A.S.A. 1947, § 41-513; Acts 1997, No. 525, § 1.

(a) Unless the correctional officer knows or reasonably should know that a prisoner is charged with or has been convicted of only a misdemeanor, a correctional officer employed by the Division of Correction or by a private contractor in a correctional facility housing inmates for the division or a city or county correctional officer employed in a correctional facility or jail is justified in using deadly physical force when and to the extent that the correctional officer reasonably believes the use of deadly physical force is necessary to prevent the escape of a prisoner from: (1) A correctional facility; or (2) Custody of a correctional officer outside a correctional facility for any purpose.

(1) A correctional facility; or

(2) Custody of a correctional officer outside a correctional facility for any purpose.

(b) If the correctional officer knows or reasonably should know that a prisoner is charged with or has been convicted of only a misdemeanor, only nondeadly physical force may be used.

Amended by Act 2019, No. 910,§ 646, eff. 7/1/2019.

Acts 1975, No. 280, § 513; A.S.A. 1947, § 41-513; Acts 1997, No. 525, § 1.

Status: in_force

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