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2021 NY Att'y Gen. Rep. & Op. 1 (2021)

handle is hein.nyattgen/nysag0141 and id is 1 raw text is: New York Constitution Article 13, § 13; County Law §§ 400(1), 650; Corrections Law § 500-c; Public Officers Law § 3; Executive Law § 845; Criminal Procedure Law §§ 1.20(34), 1.20(34)(b), 120.60, 120.80, 140.10, 140.50, 690.251.20(34), 1.20(34)(b), 120.60, 120.80, 140.10, 140.50, 690.25; Civil Service Law §§ 58, 58(1), 58(3); General Municipal Law §§ 209-q, 209-q(1)(a), 209-q(1)(b), 209-q(2); Penal Law §§ 35.30, 265.20(a)(1)(b) Sheriffs have the powers accorded police officers under the Criminal Procedure Law but are not mandated to get police officer training. January 13, 2021 Michael Flaherty Formal Opinion Acting Counsel No. 2021-F1 Division of Criminal Justice Services 80 South Swan Street Albany, NY 12210 Dear Mr. Flaherty: Your predecessor requested an opinion regarding the status of a county sheriff as a police officer under various statutes and the powers inuring to the sheriff resulting from that status. The question arises because the Division of Criminal Justice Services (DCJS) administers several laws regarding police officers, and their definitions of police officer differ. The Criminal Procedure Law, granting police officer powers, includes sheriffs in its definition of police officer, while the Civil Service Law and General Municipal Law, establishing fitness and training requirements for police officers, exclude sheriffs from their definitions of that term. As explained below, the result is sheriffs have the powers accorded police officers under the Criminal Procedure Law but are not mandated to get police officer training. A sheriff is a county officer, generally elected by the electors of the county to a term of four years. N.Y. Const., Art. 13, § 13; County Law § 400(1). The sheriff is the chief executive of an office with diverse responsibilities. The sheriffs office has both civil and law enforcement functions, including serving process for both courts and private entities or individuals; executing court orders; administering the county correctional facility and keeping custody of its inmates; and providing police services such as crime investigation, emergency rescue, and traffic patrol. See, e.g., County Law § 650; Corrections Law § 500-c. State law establishes the same qualifications for a person to be elected sheriff as for other county offices: he or she must be at least 18 years old, a citizen of the United States, and a resident of New York and of the county for which he or she is chosen. Public Officers

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