LEO questions, asking for a friend.

[fish590a]

[RickD427]

It depends, and "No"

[fish590a]

What do you mean? He’s a correctional officer.

[RickD427]

Your first post identified your "friend" as a LEO, which is it? or are we talking about two different friends?

As to the 10 day waiting period, it depends on whether the qualified LEO (refer to statute) presents a letter, signed by the agency head. If they present such a letter, there is no waiting period. If they don't present the letter, they wait.

Qualified LEOs (refer to the statute) are exempt from the 1 in 30 rule.

[fish590a]

My mistake not an LEO, but a corrextional officer.

[fish590a]

Thank you, I will show him your response.

[RickD427]

My mistake not an LEO, but a corrextional officer.

That can be an issue when parsing out the application of the Penal Code. The terms LEO and Peace Officer, as used in the code, are not synonymous.

It's even more difficult when applying the code to Correctional Officers employed by the state. Unlike other Correctional Officers, they have peace officer status and that impacts the application of many PC sections.

[fish590a]

Now I know why he’s getting different answers. Aren’t all correctional officer considered as peace officer?

[RickD427]

Nope. Only the ones employed by the State Department of Corrections and Rehabilitation.

[fish590a]

He’s a CDC officer, Im not sure if that is state?

[IrishJoe3]

CDC = California Department of Corrections, so...

[sheepdawg]

The confusion seems to be that not every CDCR correctional officer is a peace officer. The exception to the 10-day waiting period that is in Penal Code section 29650 says it only applies to peace officers as defined in Penal Code section 830 and following. Refer to the definition of "peace officer" in Penal Code section 830 et seq. Only certain people at CDCR are peace officers, such as the Officer of Correctional Safety who investigate crimes that occur at a CDCR facility.

[dtl1986]

As RickD mentioned, your friend would only be exempted from the 10 day waiting period if he presents a letter, signed by the agency head; however, he is exempt from the 1 in 30 day rule. (Speaking from personal experience). All COs employed by CDCR are Peace Officers, regardless of what their capacity is. See 830.5.

[RickD427]

The confusion seems to be that not every CDCR correctional officer is a peace officer. The exception to the 10-day waiting period that is in Penal Code section 29650 says it only applies to peace officers as defined in Penal Code section 830 and following. Refer to the definition of "peace officer" in Penal Code section 830 et seq. Only certain people at CDCR are peace officers, such as the Officer of Correctional Safety who investigate crimes that occur at a CDCR facility.

Sheepdawg,

All Correctional Officers employed by the State Department of Corrections and Rehabilitation are peace officers under Penal Code section 830.5.

You appear to be confusing this peace officer definition with the more limited one applicable to only designated CDCR members under section 830.2(d)(1).

There is some significance to the distinction. Not all peace officers are LEO's and not all LEO's are peace officers.

The CDCR 830.2(d)(1) peace officers also fill traditional LEO duties while the 830.5 peace officers do not.

Both CDCR 830.2(d)(1) and 830.5 peace officers qualify for the 10 day waiting period exemption (with letter) and the 1 in 30 exemption.

[sheepdawg]

Yes, I made a mistake.