Rule 125-2-1-.09 - Police Officer Powers(1) The Commissioner may confer all powers of a police officer of this State, including, but not limited to, the power to make summary arrests for violations of any of the criminal laws in this State and the power to carry weapons, upon persons in his employment and wardens of county correctional institutions as he deems necessary, provided that individuals so designated meet the requirements specified by all applicable laws.(2) Arrests may be made incident to Departmental duties and under the following circumstances: (a) Inmate, Probationer, or Parolee committing a felony not limited to commission of said crime on property under the jurisdiction of the Department.(b) Department Personnel committing a misdemeanor or felony on premises which are under the jurisdiction of the Department.(c) Civilian committing a misdemeanor or felony on premises under the jurisdiction of the Department.(d) Inmate, Probationer, Parolee, Department Personnel, or Civilian committing a crime outside the Department but involving an offender within the Department's jurisdiction, such as:2. Hindering apprehension of a fugitive;(e) Probationers committing offenses for which arrest is authorized under applicable laws.(f) Emergency situations in which citizen's arrest by a police officer is permitted by law.(3) Correctional Officers (Correctional Officers through Chief of Security, Transfer Officers, and Canine Handlers) are not authorized by Department regulations to carry weapons off-duty unless specifically and individually authorized in writing by their Warden/ Superintendent according to established procedure.(4) The Department of Corrections is authorized to assist local and state law enforcement officers in the apprehension of persons convicted of or suspected of committing a crime by making canine handlers and canines trained in such apprehension available to such law enforcement officers.(5) All statutes governing the authority, protection, and benefits of law enforcement officers apply to such personnel in this Department.(6) In the event of the implementation of the Georgia Natural Disaster Operations Plan or the Georgia Nuclear Emergency Operations Plan by the Governor, those personnel having police officer powers are authorized to perform those law and order police functions assigned by these plans and detailed in Department of Corrections Standard Operating Procedures for these plans as now formulated or hereafter amended.(7) Wardens and Superintendents shall have authority to deputize any person in their employ. Wardens, Superintendents and their Deputies are legally constituted arresting officers, with or without warrants, for the purpose of arresting persons violating O.C.G.A. Code Sections 42-5-14 through 42-5-18.(8) The Commissioner of the Department of Corrections or his designee may authorize certain persons in his employment to assist law enforcement officers or correctional officers of local governments in preserving order and peace when so requested by such local authorities.Ga. Comp. R. & Regs. R. 125-2-1-.09
Ga. Constitution 1983, Art. XI, Sec. I, Par. (b); Ga. L. 1986, p. 1170, (O.C.G.A. 42-5-34 and 42-5-35); Ga. L. 1987, p. 454 (O.C.G.A. 42-5-35).
Rule entitled "Police Officer Powers," filed as Rule 415-2-1-.09 on November 14, 1984; effective December 4, 1984, renumbered as Rule 125-2-1-.09. Filed June 28, 1985; effective July 20, 1985, as specified by the Agency.Amended: Filed September 6, 1988; effective September 26, 1988.Amended: F. Nov. 6, 1998; eff. Nov. 26, 1998.