Chapter 3 – Personnel, Training, and Employee Relations

31140.36 Criminal Misconduct Discovered During an Investigation/Inquiry

• If an investigation or allegation inquiry reveals a possible violation of criminal law, the OIAOffice of Internal Affairs investigator shall present the facts of the case to the Regional SACCalifornia State Prison, Sacramento.

  • The SACCalifornia State Prison, Sacramento shall coordinate with the CIU so that the additional allegation can be presented to the CIP. If urgent circumstances exist that require immediate investigative response, the SACCalifornia State Prison, Sacramento should initiate such action and advise the CIU subsequently.

  • If approved by the CIP, a criminal investigation by OIAOffice of Internal Affairs shall be conducted, and the case presented to the local prosecuting agency for possible prosecution if there is probable cause to believe a crime has been committed.

  • When criminal prosecution is possible, the designated Special Agent should consult with the prosecuting authorities before interviewing the involved employees.

  • If, in a criminal case, the prosecuting agency declines to prosecute, this fact and the reason for the decision not to prosecute shall be documented in the CMS by the assigned investigator.