Cal. Code Regs. Tit. 15, § 3291 - Employee Law Enforcement and Peace Officer Personnel

(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 incarcerated persons, supervised persons and of persons who come into contact with incarcerated and supervised persons. Employees who are not designated as peace officers, whose normal assigned job duties do not require custody and supervision of incarcerated or supervised persons, 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.

Notes

Cal. Code Regs. Tit. 15, § 3291

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.

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.

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).
9. Change without regulatory effect amending subsection (a) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).