iv27_peaceofficerauthority

Policy Number: IV27 Issued: 06/03 Revised: 08/12 1 PEACE OFFICER AUTHORITY California Code Section(s): Penal Code Sections 83 0, 830.5, 832, 1170(h)(5)(B), 3455 AUTHORITY DEFINED The Penal Code (PC) outlines specific requirements and limitations on those designated to act as peace officers. PC Section 830 states, “Any pers on who comes within the provisions of this chapter and who otherwise meet s all standards imposed by law on a peace officer is a peace officer, and not withstanding any ot her provision of law, no person other than those designated in this chapter is a peace officer.” The badge and identification issued by the department is the evidence of each officer’s status and authority as a peace officer. DEPARTMENT POSITIONS CONSIDERED PEACE OFFICERS Probation Officers -Field: While on duty, officers are peace officers pursuant to PC Secti on 830.5(a), which states that probation officer “authority extends to any place in the state while engaged in the performance of the duties, of their respective employment a nd for the purpose of carrying out the primary function of their employment.” In addition, proba tion officers may carry firearms as authorized and under terms and conditions specified by th e department. Further, PC Section 830.5(a) indicates the authority of a proba tion officer as a peace officer “sha ll extend only as follows:” 1. To conditions of parole, probation, Post Release Community Supervision (PRCS), or Mandatory Community Superv ision (MCS) by any person in this state on parole, probation, PRCS, or MCS. 2. To the escape of any inmate or ward from a state or local institution. 3. To the transportation of persons on parole, probation, PRCS, or MCS. 4. To violations of any penal provisions of la w which are discovered while performing the usual or authorized duties of his or her employment. 5. To the rendering of mutual aid to any other law enforcement agency. Department positions who are peace officers pursu ant to PC Section 830.5(a) are listed as follows, by title/rank: 1. Chief Probation Officer 2. Assistant Chief Probation Officer 3. Deputy Chief Probation Officer 4. Supervising Deputy Probation Officer 5. Senior Deputy Probation Officer 6. Deputy Probation Officer II 7. Deputy Probation Officer I When on duty, the badge and identification must be available while in the office and in each probation officer’s possession while work ing in the field during each workday. Probation Officers-Institutions: While on duty, specific Juvenile Detention Facili ty (JDF) staff are peace officers pursuant to PC Section 830.5(b), and peace officer authority is li mited to carrying out the primary functions of Policy Number: IV27 2 their assignment, maintaining the custodial responsibilities in a j uvenile detention facility. JDF staff who are peace officers pursuant to PC Sec tion 830.5(b) are listed as follows, by title/rank: 1. Assistant Superintendent 2. Supervising Deputy Probati on Officer- Institutions 3. Senior Deputy Probation Officer-Institutions 4. Deputy Probation Officer II-Institutions 5. Deputy Probation Officer I-Institutions STATUTORY LIMITS/TRAINING Department policies, procedures and directives given by a superv isor or manager defines conduct and activities of officers. Officers shall never exceed the departmental or statutory limits of their authority. All officers shall comply with statutory traini ng requirements, as specified in PC Section 832(b)(1), (2) and (c), before they are allowed to exercise powers of arrest or other powers of a peace officer. The training must have been comple ted within three years prior to employment or shall be completed as part of the initial traini ng required within the firs t year of employment. Department peace officers maintain the “status” of a peace officer at all times, but peace officer “authority” only exists while on dut y. When off duty, officers do not have the authority to act as peace officers, and their authority is limited to the authority in which all citizens are legally entitled.