Sec. 1. 17-A MRSA §101, sub-§5, as enacted by PL 1981, c. 324, §24, is amended to read:

5. For purposes of this chapter, use by a law enforcement officer or, a corrections officer or a corrections supervisor of chemical mace or any similar substance composed of a mixture of gas and chemicals which has or is designed to have a disabling effect upon human beings is use of nondeadly force.

Sec. 2. 17-A MRSA §107, sub-§5, as amended by PL 1995, c. 215, §2, is repealed.

Sec. 3. 17-A MRSA §107, sub-§5-A, as amended by PL 1995, c. 215, §3, is repealed.

Sec. 4. 17-A MRSA §107-A is enacted to read:

§107-A.__Physical force upon prisoners

1.__As used in this section, unless the context otherwise indicates, "prisoner" means a person confined in a correctional or detention facility of the Department of Corrections, county or municipal jail, holding facility or short-term detention area pursuant to an order of court or as the result of an arrest.

2.__A corrections officer, corrections supervisor, law enforcement officer or another person responsible for the custody, care or treatment of prisoners is justified in using a reasonable degree of nondeadly force against a prisoner:

A.__When and to the extent the person reasonably believes it necessary to prevent an escape from custody, apprehend an escapee from custody or enforce the rules of the facility; or

B.__To defend the person or a 3rd person from what the person reasonably believes is the imminent use of nondeadly force.

3.__A corrections officer, corrections supervisor, law enforcement officer or another person responsible for the custody, care or treatment of prisoners is justified in using deadly force against a prisoner when the person reasonably believes that force is necessary to defend the person or a 3rd person from what the person reasonably believes is the imminent use of deadly force.

4.__A corrections officer, corrections supervisor or law enforcement officer is justified in using deadly force against a