When may a correctional officer arrest an inmate who has escaped, and from what event does the power to arrest run out?
General information · Not legal advice
Material to check
In a practice file we read the record showing the escape or the listed conduct the provision cross-refers to within the Act on the Execution of Sentences and the Treatment of Offenders, the paper fixing the appearance deadline where that route is relied on, and any arrest report giving the date and hour of the arrest.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision as a narrow grant of power: a correctional officer, and no other body, may arrest the inmate only where that inmate has escaped or has committed one of the listed acts, and only within the period the provision sets, counted from the escape or from the passing of the appearance deadline.
Another reading stresses that the provision names its actor and the person arrested: the power is given to the correctional officer, and it reaches a person held as an inmate, so the text leaves open which officers within the facility may carry it out and who counts as an inmate after release or transfer.
Your judgment
Where the officer who made the arrest is not on the facility's staff list for the relevant shift, what in the file could show that person acted as a correctional officer?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the actor, the grounds or the length of the period, or if a court decision settles who counts as a correctional officer or as an inmate for this arrest.