Irvine, CA asked in Gov & Administrative Law for California

Q: Is it illegal for a correctional officer to date a former inmate?

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In California, there are no specific laws that prohibit correctional officers from dating former inmates once they have been released from custody. However, such relationships are often discouraged or prohibited by department policies due to potential ethical concerns and conflicts of interest.

Here are a few key points to consider:

1. While the inmate is in custody, any sexual relationship between a correctional officer and an inmate is illegal under California Penal Code Section 289.6.

2. After the inmate's release, there is no explicit legal prohibition on dating. However, correctional agencies may have internal policies that restrict or prohibit such relationships.

3. If the correctional officer had direct authority over the inmate during their incarceration, entering into a relationship after release could raise questions about the officer's professional conduct and the nature of the relationship during the inmate's time in custody.

4. Even if the relationship begins after the inmate's release, it may still be perceived as a conflict of interest or an abuse of power, which could lead to disciplinary action against the correctional officer.

Ultimately, while not explicitly illegal, correctional officers are generally advised to avoid romantic relationships with former inmates to maintain professional and ethical standards and to avoid potential complications or disciplinary issues.

Robert Kane
Robert Kane
Answered
  • Eagan, MN
  • Licensed in California

A: No, it is not illegal for a correctional officer to date a former inmate.

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