HB413 By Representative Ball RFD State Government Rd 1 02-APR-15

SYNOPSIS: Under existing law, the Division of Investigation and Intelligence of the Department of Corrections investigates violations of law relating to correctional facilities and inmates or the operation of the department. Under existing law, if a court issues a search warrant relating to an investigation of the division, the law enforcement officers of the division are not authorized to execute the warrant.

This bill would clarify the current name of the division, would delete language relating to the execution of warrants by law enforcement officers of the division, and would specify that investigations may include associates of inmates and employees of the department concerning violations relating to correctional facilities and inmates or the operation of the department.

A BILL TO BE ENTITLED AN ACT

Relating to the Department of Corrections; to amend Section 14-3-9 of the Code of Alabama 1975, to clarify the name of the Investigation and Intelligence Division; to delete language relating to the execution of search warrants; and to further provide for investigation relating to the operation of correctional facilities and the department.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 14-3-9 of the Code of Alabama 1975, is amended to read as follows:

§14-3-9.

"(a) It shall be the duty of all employees of the Department of Corrections to report all violations of the law relating to prisons, correctional facilities, and employees and inmates of the Department of Corrections, that may come to their knowledge to the investigation and inspection division Investigation and Intelligence Division of the Department of Corrections. Correctional investigative services officers of the investigation and inspection division will shall investigate all such reported violations and those violations otherwise discovered and, where applicable, refer such the violations to the proper district attorney. All indictments for such violations shall be tried in the circuit court of the county where the offense was committed.

"(b) Employees of the Department of Corrections classified as "correctional investigative services officers" and their supervisors, performing criminal investigative duties, are hereby constituted peace officers of the State of Alabama as defined in Section 36-21-40 with full and unlimited police powers and jurisdiction as any other state police officers in this state to investigate violations of the law relating to prisons, correctional facilities, and employees and inmates of the Department of Corrections and to enforce said the law; excepting that such employees shall not have the power and authority to execute search warrants. Whenever these "correctional investigative services officers" are effecting an arrest, they shall prominently properly display a badge either on their lapel or breast pocket.

"The powers vested in correctional investigative services officers under this section will shall be limited to investigation and/or investigations and arrests involving inmates or employees of the Department of Corrections only and associates of inmates or employees of the department, including, but not limited to, family members of inmates, employees, and contractors of the department related to investigations originated by the department.

"(c) All correctional investigative services officers and their supervisors given police power by this section shall be required to comply with the minimum standards now in effect relating to state law enforcement officers."

Section 2. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Corrections Department

Prisons and Prisoners

Law Enforcement

Criminal Law and Procedure

Code Amended