Why do only some states certify correction officers as sworn law enforcement officers

[TIMMYDOME]

Hello. I plan on taking the upcoming New York State Correction Officer Trainee exam on April 4th. I have been researching the position of correction officer and correctional services in general to get a better idea of what the job is like.

I find it surprising that some states certify and recognize correction officers as sworn law enforcement officers while others do not. In New York State, correction officers at the state, county and city level are recognized as sworn peace officers under Section 2.10 of the New York State Criminal Procedure Law. This is not to be confused with sworn police officer status (There is a difference between Peace Officer and Police Officer under the New York State Criminal Procedure Law. Police officers have more power and authority than peace officers and also receive more training.) However, being as correction officers are peace officers they are still recognized as law enforcement officers. Here is a list of power and authority granted to peace officers and in turn correction officers under NYS CPL 2.20

"S 2.20 Powers of peace officers.
1. The persons designated in section 2.10 of this article shall have
the following powers:
(a) The power to make warrantless arrests pursuant to section 140.25
of this chapter.
(b) The power to use physical force and deadly physical force in
making an arrest or preventing an escape pursuant to section 35.30 of
the penal law.
(c) The power to carry out warrantless searches whenever such searches
are constitutionally permissible and acting pursuant to their special
duties.
(d) The power to issue appearance tickets pursuant to subdivision
three of section 150.20 of this chapter, when acting pursuant to their
special duties. New York city special patrolmen shall have the power to
issue an appearance ticket only when it is pursuant to rules and
regulations of the police commissioner of the city of New York.
(e) The power to issue uniform appearance tickets pursuant to article
twenty-seven of the parks, recreation and historic preservation law and
to issue simplified traffic informations pursuant to section 100.25 of
this chapter and section two hundred seven of the vehicle and traffic
law whenever acting pursuant to their special duties.
(f) The power to issue a uniform navigation summons and/or complaint
pursuant to section nineteen of the navigation law whenever acting
pursuant to their special duties.
(g) The power to issue uniform appearance tickets pursuant to article
seventy-one of the environmental conservation law, whenever acting
pursuant to their special duties.
(h) The power to possess and take custody of firearms not owned by the
peace officer, for the purpose of disposing, guarding, or any other
lawful purpose, consistent with his duties as a peace officer.
(i) Any other power which a particular peace officer is otherwise
authorized to exercise by any general, special or local law or charter
whenever acting pursuant to his special duties, provided such power is
not inconsistent with the provisions of the penal law or this chapter.
2. For the purposes of this section a peace officer acts pursuant to
his special duties when he performs the duties of his office, pursuant
to the specialized nature of his particular employment, whereby he is
required or authorized to enforce any general, special or local law or
charter, rule, regulation, judgment or order.
3. A peace officer, whether or not acting pursuant to his special
duties, who lawfully exercises any of the powers conferred upon him
pursuant to this section, shall be deemed to be acting within the scope
of his public employment for purposes of defense and indemnification
rights and benefits that he may be otherwise entitled to under the
provisions of section fifty-k of the general municipal law, section
seventeen or eighteen of the public officers law, or any other
applicable section of law."


It makes sense to me to recognize correction officers as law enforcement officers (Even if it is in a limited capacity.) due to the nature of their work. I don't understand why most states do not grant correction officers some type of LEO status. From what I understand in NYS correction officers are allowed to make arrests on non-inmates that commit crimes in correctional facilities (Ex. They discover that a visitor is smuggling drugs into the facility. They discover someone is physically in the moment attempting to help an inmate escape custody. etc.) I could be wrong about that though, maybe someone with more knowledge could clarify.

Could anyone explain why most states do not grant COs some type of LEO status despite the fact they may face situations that call for them to arrest a non-inmate? Any information would be appreciated. I just found it interesting that most states do not grant COs some type of LEO status and am curious about the topic.

The only states that I know of that recognize correction officers as sworn LEOs are New York, New Jersey, California, Washington and also the United States Federal Government recognizes correction officers with the Federal Bureau Of Prisons as sworn LEOs.

[phantasm]

CO's in NY are essentially jail guards. They are peace officers. The law enforcement/arrest powers was brought up a few months ago, and no need to rehash.

They have arrest powers within the scope of their employment ONLY, which for them means within the prison system or involving prisons ONLY (crimes within prison, or escape).

[grumpyirishman]

Because they are not COPS, they are correctional officers....self-explanatory!:cool:

[TIMMYDOME]

Because they are not COPS, they are correctional officers....self-explanatory!:cool:

I never said that they were police officers or that they should be certified as police officers. I said that they should be certified as law enforcement officers (Even if it is in a limited capacity.) in order to enforce laws and make arrests for crimes commited inside or on the property of the correctional facility they work at or crimes involving an inmate in their custody (Ex. They discover that a visitor is smuggling drugs into the facility. They discover someone is physically in the moment attempting to help an inmate escape custody. etc.) There are many law enforcement officers in the criminal justice system that are not police officers.

[mb3492]

Just saw this post and felt compelled to shed some light on the subject. I am a sergeant with state docs, I have 22 years on the job. I can tell you that the state criminal procedure law clearly states the peace officers (who), and their powers- cpl 2.2. All peace officers have special duties but when it comes to powers of arrest sect. 140.25-3 states when not acting within these special duties may make warrant less arrest if they are within there geographic area. Which with a state agency is the entire state. The only difference for the arrest purpose between peace and police is that a peace officer can only make a warrant less arrest of someone for a crime (non-felony) only if it is committed in his presence unlike a police officer. A felony is the same for both. We are also authorized to carry a handgun on our badge (non dept. issue) while off duty. If you use this weapon and are within the law you will be indemnified by the state. If an arrest is made though it is covered by 140.27. Basically it is all on you to complete all of the nys arrest procedures out correctly. Does our dept. want us doing this? NO! Can we? Yes, but I would rather detain (with restraints if necessary) and call the troopers or local PD. Allot less work and we don't receive training every year for arrest procedures, just penal and correction laws (overviews) and of course weapons training, so we would be much more likely screwing something up. As far as why we are given this status? Basically to make our dept. more self sufficient and so the state could basically order us to carry out what ever duty they may have and would be covered under the laws of the state. Good luck if you decide to go for the job, its a hard one but well worth the while, then again thats easy for me to say I'm 3 years to retirement!

[sweamco]

Like mb3492, I am also a corrections officer with a State DOC. As far as I am concerned I would not attempt to make an arrest unless it was absolutely necessary in order to prevent someone from getting hurt. Even then I would physically hold the person until law enforcement showed up and then it would be up to them to continue the process. mb3492 put it well when he/she (sorry do not know which applies) said that there is too much liability involved. As corrections officers we do not get the training required to make an effective arrest. It is much better to let the police arrest the bad guy, get a conviction and we he gets sent to prison and starts a fight in chow hall then you can give the guy hell As corrections officers our work is centered around dealing with convicted felons (if you work in State or Feds, misdemeanor stays in county Jail) within the confines of a correctional facility. Worrying about keeping the streets clean is up to law enforcement.

Good luck in the process, if you need any help please do not hesitate to ask.

[mcsap]

In some states , CO's are not given ANY arrest training as far as making on-view arrests for violations of state laws.

Jacking up Johnny Inmate who is going ballistic in his cell is vastly different than making a DUI stop.

[Switchback]

I never said that they were police officers or that they should be certified as police officers. I said that they should be certified as law enforcement officers (Even if it is in a limited capacity.) in order to enforce laws and make arrests for crimes commited inside or on the property of the correctional facility they work at or crimes involving an inmate in their custody (Ex. They discover that a visitor is smuggling drugs into the facility. They discover someone is physically in the moment attempting to help an inmate escape custody. etc.) There are many law enforcement officers in the criminal justice system that are not police officers.

I do not know of any COs that do not have this authority... regardless of whether they have Peace Officer status or not.

[mcsap]

I do not know of any COs that do not have this authority... regardless of whether they have Peace Officer status or not.

In PA , County Correctional Officers do not have this authority. Sure, they will hold onto someone but when it comes to actually charging them , PA State Police handle. Same goes with any crime committed at a jail , regardless of who commits it.

Any incident that occurs at the county jail in my county is not handled by the local PD that covers that area. They are just given a courtesy notification that something happened there.

[ngcsubutterbar]

You're not asking why CO's aren't 'verified' here are you?





(((ps, mscap: did York vote to violate your state's law and pass the 'lost/stolen firearms bill' yesterday?)))