California Penal Code Section 831
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California Laws > Penal Code > California Penal Code Section 831
831. (a) A custodial officer is a public officer, not a peace
officer, employed by a law enforcement agency of a city or county who
has the authority and responsibility for maintaining custody of
prisoners and performs tasks related to the operation of a local
detention facility used for the detention of persons usually pending
arraignment or upon court order either for their own safekeeping or
for the specific purpose of serving a sentence therein.
(b) A custodial officer shall have no right to carry or possess
firearms in the performance of his or her prescribed duties.
(c) Each person described in this section as a custodial officer
shall, within 90 days following the date of the initial assignment to
the position, satisfactorily complete the training course specified
in Section 832. In addition, each person designated as a custodial
officer shall, within one year following the date of the initial
assignment as a custodial officer, have satisfactorily met the
minimum selection and training standards prescribed by the Board of
Corrections pursuant to Section 6035. Persons designated as custodial
officers, before the expiration of the 90-day and one-year periods
described in this subdivision, who have not yet completed the
required training, may perform the duties of a custodial officer only
while under the direct supervision of a peace officer as described
in Section 830.1, who has completed the training prescribed by the
Commission on Peace Officer Standards and Training, or a custodial
officer who has completed the training required in this section.
(d) At any time 20 or more custodial officers are on duty, there
shall be at least one peace officer, as described in Section 830.1,
on duty at the same time to supervise the performance of the
(e) This section shall not be construed to confer any authority
upon any custodial officer except while on duty.
(f) A custodial officer may use reasonable force in establishing
and maintaining custody of persons delivered to him or her by a law
enforcement officer; may make arrests for misdemeanors and felonies
within the local detention facility pursuant to a duly issued
warrant; may release without further criminal process persons
arrested for intoxication; and may release misdemeanants on citation
to appear in lieu of or after booking.
Last modified: February 22, 2013