imported post
pkbites wrote:
J.Gleason wrote:
The law also applies to corrections officers in this state according to the definition and requirements of the federal law.
The interesting thing is I have spoken with a couple of people who claim to have spoken with Van Hollen on this issue. Their statement is that Van Hollen doesn't agree.
Sorry, but I don't agree either. The final text of the law says:
(c) As used in this section, the term `qualified law enforcement officer' means an employee of a governmental agency who--
`(1) is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest;
`(2) is authorized by the agency to carry a firearm;
Most corrections officers do not have powers of arrest. Most of them are considered "civilian" employees as they are not sworn officers. Also, most corrections officers are not authorized to carry firearms. While there are a few CO's that do have arrest powers and/or carry firearms, a huge majority do not.
But this entire argument is ridiculous if you ask me. Creating a special group of people by statute is just plain wrong. Every state in the union should have constitutional carry for all free citizens!!
I have 2 Wisconsin AG
opinions that say otherwise.
OAG_46_280_1957 Requested by WILBUR J. SCHMIDT, Director,
State Department of Public Welfare.
"You are therefore advised that the department has the power to enact reasonable police regulations for the government of institutions and adjacent open areas operated by It.
Institutional officers and employees, and local law enforcefment officers have jurisdiction to enforce the law and make arrests for its violation within Such areas. The primary duty of active, preventive surveillance and maintenance of peace and order rests with the department and its institutional officers and employes. Local law enforcement officers have a duty to render aid for law enforcement purposes within
their jurisdiction, when called upon by the institutional officers and employes.
As previously pointed out responsibility for the custody and discipline of inmates and the care of institutional property rests with the department and its institutional officers and employes. From this duty flows a duty to maintain order with respect to persons not inmates who are upon the premises of the institution. For this purpose the warden or superintendent of the institution, and such employes to whom they delegate such power, have the powers of a constable to enforce the laws and regulations governing the institution and to arrest idle or vagrant persons who are
upon the p~emises and refuse to leave. Sec. 46.05 (2), Stats.
This means that the department and its institutional officers and employes have the duty of active surveillance in preserving order within state institutions and adjacent open areas."
OAG_68_352_1979 requested by ELMER O. CADY, Administrator
DiVision of Corrections
Department ofHealth and Social Services
" 939.22(22) "Peace officer" means any person vested by law
with a duty to maintain public order or to make arrests for
crime, whether that duty extends to all crimes or is limited to
specific crimes.
It is not unreasonable nor absurd to construe the warden as a peace
officer for the purpose of maintaining order, enforcing obedience,
suppressing riots, preventing escape and capturing escaped inmates.
The analogy between these duties and the duties imposed upon a
peace officer, by sec. 939.22(22), Stats., is striking.
Further reenforcement is found in the comparison of the duty
imposed upon citizens to respond to the command of the warden
under sec. 53.07, Stats., of the sheriff, undersheriff and deputies
under sec. 59.24( I), Stats., and of peace officers under sec. 946.40,
Stats. Section 46.05(2), Stats., specifically delegates police powers
to the warden and grants arrest powers, and further provides th~t
employes named by the warden "shall possess the powers of
constables. "
46 Op. Att'y Gen. 280 (1957) discussed police powers of CorrectIOnal
staff members, stating tbat the department has the power to
enact reasonable police regulations for the government of the institutions
and adjacent open areas operated by it, and that institutional
officers and employes have jurisdiction to enforce the law and make
arrests for its violation within such areas.
It is my opinion that correctional staff, acting under direction of
the warden, are peace officers within the institution and on institutional
grounds by virtue of both secs. 53.07 and 46.05(2), Stats.
When correctional staff are commanded by the warden or his representative
to enforce his duty to prevent escape and recapture escapees,
they have peace officer status while pursuing such escapees. Correctional
staff also enjoy the immunities and rights of a deputy under
the doctrine of posse comitatus, or sees. 53.07 and 968.07(2), Stats.,
so long as the warden retains his current statutory status as a peace
officer.
The warden and correctional staff are state employes and their
jurisdiction is statewide when carrying out their mandate to capture
escaped inmates. They may pursue inmates throughout the state and
may arrest, after hot pursuit and otherwise, in any county of the state.
This does not in any way affect or limit local peace officers' responsibility
to pursue and arrest escaped inmates.
The answers to your specific questions are premised on the conclusion
that the warden is a peace officer for the purposes described
above and those acting at his command enjoy the immunities and
rights of a deputized peace officer. Your detailed questions and my
answers follow:
1. What is the authority of non-deputized staff members to pursue
escapees off-grounds of correctional institutions?
Section 53.07, Stats. The warden or superintendent may adopt
proper means to capture escaped inmates. Based upon the above discussion,
it is immaterial whether the warden or superintendent has
been deputized by the sheriff or are acting with the inherent powers
of their position.
2. [M] ay [such staff] carry concealed weapons or unconcealed
weapons?
Since they carry the same status as deputized peace officers, they
may act in the same manner as a peace officer. They may carry
unconcealed weapons and are not prohibited by law from carrying
concealed weapons. For example, sec. 941.23(1), Stats., prohibits
any person, except a peace officer, from going armed with a con-'
cealed weapon."
As far as corrections Officers being authorized to carry a firearm. We are.
In fact qualifying with a fire arm is a requirement of our employment. So if CO's are not authorized to carry a firearm then the 12,000 plus CO's in this state have one hell of a class action lawsuit against the State of Wisconsin for unfair labor standards.
Of course we are authorized to carry firearms. We are also authorized to use deadly force if necessary. Anyone who says we are not does not know what they are talking about.
Wisconsin Corrections Officers meet all requirements of the federal law. Without exception.
