California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 5 - Personnel › Article 2 - Employees › Section 3417 - Citizen's Complaints

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
					 allegation by a non-inmate of misconduct by a departmental peace officer as defined
					 in section 3291(b) is a citizen's
					 complaint pursuant to Penal Code section
					 832.5. Citizen's
					 complaints alleging misconduct of a departmental peace officer shall be filed within
					 twelve months of the alleged misconduct.
(b) Persons other than an inmate, parolee or staff
					 who allege misconduct of a departmental peace officer shall submit a written
					 complaint to the institution head or parole administrator of the area in which the
					 peace officer is employed.
(c) Citizens
					 filing complaints alleging misconduct by a departmental peace officer are required
					 to read and sign the following statement:
YOU HAVE THE RIGHT TO MAKE A COMPLAINT AGAINST A POLICE
						OFFICER [this includes a departmental peace officer] FOR ANY IMPROPER POLICE [or
						peace] OFFICER CONDUCT. CALIFORNIA LAW REQUIRES THIS AGENCY TO HAVE A PROCEDURE TO
						INVESTIGATE CITIZENS' [or inmates'/parolees'] COMPLAINTS. YOU HAVE A RIGHT TO A
						WRITTEN DESCRIPTION OF THIS PROCEDURE. THIS AGENCY MAY FIND AFTER INVESTIGATION THAT
						THERE IS NOT ENOUGH EVIDENCE TO WARRANT ACTION ON YOUR COMPLAINT; EVEN IF THAT IS
						THE CASE, YOU HAVE THE RIGHT TO MAKE THE COMPLAINT AND HAVE IT INVESTIGATED IF YOU
						BELIEVE AN OFFICER BEHAVED IMPROPERLY. CITIZEN [or inmate/parolee] COMPLAINTS AND
						ANY REPORTS OR FINDINGS RELATING TO COMPLAINTS MUST BE RETAINED BY THIS AGENCY FOR
						AT LEAST FIVE YEARS. IT IS AGAINST THE LAW TO MAKE A COMPLAINT THAT YOU KNOW TO BE
						FALSE. IF YOU MAKE A COMPLAINT AGAINST AN OFFICER KNOWING THAT IT IS FALSE, YOU CAN
						BE PROSECUTED ON A MISDEMEANOR CHARGE.
1. New section
						filed 12-28-2021 as an emergency; operative 1-1-2022 (Register 2021, No. 53).
						Pursuant to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 6-9-2022 or emergency
						language will be repealed by operation of law on the following day.
2.
						New section refiled 6-13-2022 as an emergency; operative 6-13-2022 (Register 2022,
						No. 24). A Certificate of Compliance must be transmitted to OAL by 9-12-2022 or
						emergency language will be repealed by operation of law on the following
						day.
3. Certificate of Compliance as to 6-13-2022 order, including
						amendment of subsection (c), transmitted to OAL 9-12-2022 and filed 9-29-2022;
						amendments effective 9-29-2022 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2022, No. 39).
Note: Authority cited: Sections
						  5058 and
						  5058.3, Penal Code.
						  Reference: Sections
						  148.6 and
						  832.5, Penal
						  Code.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.