LD 1020
pg. 3
Page 2 of 11 An Act To Amend the Maine Criminal Code as Recommended by the Criminal Law Advi... Page 4 of 11
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LR 811
Item 1

 
believes it necessary to effect an arrest or detention
which that is lawful for him the private person to make or
prevent the escape from such an arrest or detention; or

 
B. Deadly force only when the private person reasonably
believes such force is necessary:

 
(1) To defend he the person or a 3rd person from what
the private citizen reasonably believes to be the
imminent use of unlawful deadly force; or

 
(2) To effect a lawful arrest or prevent the escape from
such arrest of a person who in fact:

 
(a) Has committed a crime involving the use or
threatened use of deadly force, or is using a
dangerous weapon in attempting to escape; and

 
(b) The private citizen has made reasonable efforts
to advise the person that the citizen is a
private citizen attempting to effect an arrest
or prevent the escape from arrest and has
reasonable grounds to believe the person is
aware of this advice or the citizen reasonably
believes that the person to be arrested
otherwise knows that the citizen is a private
citizen attempting to effect an arrest or
prevent the escape from arrest.

 
5. Except where otherwise expressly provided, a corrections
officer, corrections supervisor or law enforcement officer in
a facility where persons are confined, pursuant to an order of
a court or as a result of an arrest, is justified in using
deadly force against such persons under the circumstances
described in subsection 2. The officer or another individual
responsible for the custody, care or treatment of those
persons is justified in using a reasonable degree of nondeadly
force when and to the extent the officer or the individual
reasonably believes it necessary to prevent any escape from
custody or to enforce the rules of the facility.

 
5-A. A corrections officer, corrections supervisor or law
enforcement officer is justified in using deadly force against
a person confined in the Maine State Prison or the Maine
Correctional Institution - Warren when the officer or
supervisor reasonably believes that deadly force is necessary
to prevent an escape from custody. The officer or supervisor
shall make reasonable efforts to advise the person that if the
attempt to escape does not stop immediately, deadly force will
be used. This subsection does not authorize any corrections
officer,


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