Chapter 3 – Personnel, Training, and Employee Relations

33070.8 Complaints by Members of the Public Regarding Staff Misconduct Toward an Inmate or Parolee

• Pursuant to Penal Code (PCPenal Code) section 832.5, it is the policy of the department, as an employer of peace officers, to have a procedure for investigating a complaint by a member of the public against its peace officers.

• Any person, other than an inmate or parolee, or departmental employee, who wishes to file a complaint of misconduct by any departmental employee, including peace officers, shall be advised to submit a complaint. Complaints of misconduct will normally be recorded on a CDCRCalifornia Department of Corrections and Rehabilitation Form 2142, Citizen’s Complaint Against Employees of CDCRCalifornia Department of Corrections and Rehabilitation.

• A complaint may be made at any time, day or night, to any on-duty departmental supervisor. The complainant may also choose to mail or deliver their complaint directly to the Hiring Authority or any department head. Upon initial receipt of a complaint by a member of the public, the supervisor accepting the complaint shall confirm the complaint involves a department employee(s). Complaints determined to involve personnel from other agencies shall be forwarded to the appropriate authority of that agency through the appropriate chain of command.

• Upon receipt of a written complaint or CDCRCalifornia Department of Corrections and Rehabilitation Form 2142 from a member of the public, the departmental supervisor accepting the complaint shall submit the complaint to CST for screening via the Central Repository. The complainant shall be notified in writing by the institution or parole region that their complaint has been received within 30 calendar days of receipt. Complaints and reports and findings relating to the complaints made by members of the public shall be retained for a period of at least five years pursuant to PCPenal Code section 832.5(b) and the department Records Retention Schedule.