(1)  If an offender offers violence to an officer or other employee of the Department of Corrections, or to another offender, or to any other person; attempts to damage or damages any corrections property; attempts to escape; or resists or refuses to obey any lawful and reasonable command; the officers and other employees of the department may use all reasonable means, including the use of weapons, to defend themselves and department property and to enforce the observance of discipline and prevent escapes.

Terms Used In Utah Code 64-13-32

  • Correctional facility: means any facility operated to house offenders in a secure or nonsecure setting:
(a) by the department; or
(b) under a contract with the department. See Utah Code 64-13-1
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: means the Department of Corrections. See Utah Code 64-13-1
  • Inmate: means an individual who is:
    (a) committed to the custody of the department; and
    (b) housed at a correctional facility or at a county jail at the request of the department. See Utah Code 64-13-1
  • Offender: means an individual who has been convicted of a crime for which the individual may be committed to the custody of the department and is at least one of the following:
    (a) committed to the custody of the department;
    (b) on probation; or
    (c) on parole. See Utah Code 64-13-1
  • Person: means :Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Secure correctional facility: means any prison, penitentiary, or other institution operated by the department or under contract for the confinement of offenders, where force may be used to restrain an offender if the offender attempts to leave the institution without authorization. See Utah Code 64-13-1
    • (2)  An inmate who is housed in a secure correctional facility and is in the act of escaping from that secure correctional facility or from the custody of a peace or correctional officer is presumed to pose a threat of death or serious bodily injury to an officer or others if apprehension is delayed. Notwithstanding Section 76-2-404, a peace or correctional officer is justified in using deadly force if he reasonably believes deadly force is necessary to apprehend the inmate.

    Amended by Chapter 49, 1993 General Session

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