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 4 - General Institution Regulations › Article 2 - Security › Section 3291 - Employee Law Enforcement and Peace Officer Personnel

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Law
					 Enforcement Responsibility. All employees of the Department shall be responsible to
					 enforce laws, regulations and procedures which govern the actions and activities of
					 inmates, parolees and of persons who come into contact with inmates and parolees.
					 Employees who are not designated as peace officers, whose normal assigned job duties
					 do not require custody and supervision of inmates or parolees, or in situations
					 where it would be inappropriate or unsafe to intervene in unauthorized actions or
					 activities, shall notify or seek the assistance of other employees, including peace
					 officer employees. In an emergency, all employees shall respond as directed by
					 proper authority.
(b) Peace Officer
					 Personnel. Peace officers are departmental employees holding peace officer positions
					 as defined by law or as designated by the Secretary of the California Department of
					 Corrections and Rehabilitation (CDCR). Non-peace officer employees temporarily
					 assigned to perform only the administrative duties of positions held by peace
					 officers shall not be designated as peace officers.
(c) The peace officer authority of employees is
					 outlined in Penal Code (PC) sections
					 830.2(d)(1) and (2)
					 and PC section 830.5. During state emergencies and
					 activations of state mutual aid agreements, CDCR peace officer authority is provided
					 in Government Code sections
					 8597,
					 8598 and
					 8698.
(d) In addition to being designated peace officers
					 as described in subsections
					 3291(b) and (c),
					 parole agents' peace officer authority extends to the enforcement of conditions of
					 parole imposed upon persons on parole in this state and to violations of any penal
					 provisions of law which is discovered in the course of their employment.
(e) In addition to being designated peace officers
					 as described in subsections
					 3291(b) and (c), the
					 peace officer authority of agents of the Office of Correctional Safety peace
					 officers extends throughout the state while performing their primary job duties,
					 including the investigation and apprehension of parole violators and the
					 investigation of the violation of any penal provisions of law which is discovered in
					 the course of their employment, and to coordination of the Department's law
					 enforcement activities with those of other law enforcement and criminal justice
					 agencies.
(f) In addition to being
					 designated peace officers as described in subsections
					 3291(b) and (c), the
					 authority of peace officer members of the Office of Internal Affairs, who meet the
					 training standards described in PC Section
					 830.2(d)(2), extends
					 throughout the state while they are performing their primary job duties, including
					 criminal investigations of departmental personnel and the coordination of those
					 activities with other criminal justice agencies.
1. New section
						filed 8-22-79; effective thirtieth day thereafter (Register 79, No.
						34).
2. Amendment of subsection (b) filed 12-18-80 as an emergency;
						effective upon filing (Register 80, No. 51). A Certificate of Compliance must be
						transmitted to OAL within 120 days or emergency language will be repealed on
						4-17-81.
3. Order of Repeal of 12-18-80 order filed 12-26-80 by OAL
						pursuant to Government Code Section
						11349.6
						(Register 80, No. 52).
4. Amendment of subsection (b) filed 9-24-81;
						effective thirtieth day thereafter (Register 81, No. 39).
5. Amendment of
						subsection (b) filed 10-27-82; effective thirtieth day thereafter (Register 82, No.
						44).
6. Amendment of section heading, section and NOTE filed 2-14-2001;
						operative 3-16-2001 (Register 2001, No. 7).
7. Change without regulatory
						effect amending subsections (a)-(c) and (e) filed 4-18-2008 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2008, No. 16).
8. Amendment of subsections (b) and
						(c) and NOTE filed 5-26-2011; operative 6-25-2011 (Register 2011, No. 21).
Note: Authority cited: Sections
						  830.5(f)
						  and
						  5058, Penal Code.
						  Reference: Sections
						  830.2(d),
						  830.5(a),
						  830.5(b)
						  and
						  5054, Penal Code;
						  and Sections
						  8597,
						  8598 and
						  8698,
						  Government Code.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.