CHAPTER 2. Sheriff
Chapter 2 added by Stats. 1947, Ch. 424.
§§ 26600–26778 · 98 sections
ARTICLE 1. Duties §§ 26600–26616 · 26 sections
- § 26600 The sheriff shall preserve peace, and to accomplish this object may sponsor, supervise, or participate in any project of crime prevention, rehabilitation of…
- § 26601 The sheriff shall arrest and take before the nearest magistrate for examination all persons who attempt to commit or who have committed a public offense.
- § 26602 The sheriff shall prevent and suppress any affrays, breaches of the peace, riots, and insurrections that come to his or her knowledge, and investigate public…
- § 26604 The sheriff shall command the aid of as many inhabitants of the sheriff’s county as he or she thinks necessary in the execution of his or her duties.
- § 26605 Notwithstanding any other provision of law, except in counties in which the sheriff, as of July 1, 1993, is not in charge of and the sole and exclusive…
- § 26605.1 Notwithstanding any other provision of law, no deputy sheriff shall be required to become a custodial or other officer involuntarily.
- § 26605.5 (a) The sheriff has the authority, after conferring with a physician who is neither a county employee nor under a preexisting contract with the county, to…
- § 26605.6 (a) The sheriff, or his or her designee, has the authority, after conferring with a physician who has oversight for providing medical care at a county jail, or…
- § 26605.7 (a) The sheriff, or his or her designee, after conferring with the physician who has oversight for providing medical care, or the physician’s designee, may…
- § 26605.8 Before implementing Sections 26605.6 and 26605.7, the county board of supervisors shall adopt a process to fund the nonfederal share of Medi-Cal costs for the…
- § 26607 The sheriff shall endorse upon all process and notices the year, month, day, hour, and minute of reception and on payment of fees issue to the person…
- § 26608 The sheriff shall serve all process and notices in the manner prescribed by law.
- § 26608.1 The sheriff, when serving any process or notice, shall, if the instructions to the sheriff include a request for a certificate as prescribed by the Soldiers…
- § 26608.2 Whenever a county or city and county owns land in another county, it may request the sheriff of that county to deputize its officers or employees as deputy…
- § 26608.3 (a) In Shasta County, the board of supervisors by ordinance or resolution may transfer from the sheriff to the marshal of the Shasta County Superior Court the…
- § 26609 The sheriff shall certify upon process or notices the manner and time of service, or if he fails to make service, the reason of his failure, and return the…
- § 26610 The sheriff of any county which maintains a jail in another county has the same control and supervision of the property, personnel, and inmates that he would…
- § 26611 The sheriff in attendance upon court shall act as the crier thereof. He shall call the parties and witnesses and all other persons bound to appear at the court…
- § 26612 The sheriff may supply ambulance service within the county to any person if all of the following conditions exist: (a) The person has been rendered so…
- § 26613 Notwithstanding the provisions of Section 29601 the board of supervisors in a county having a population in excess of 3,000,000 may authorize the sheriff to…
- § 26614 The board of supervisors of a county may authorize the sheriff to search for and rescue persons who are lost or are in danger of their lives within or in the…
- § 26614.5 The county or city and county of residence of a person searched for or rescued by the sheriff under the authority of Section 26614 shall pay to the county or…
- § 26614.6 (a) Notwithstanding Article 8 (commencing with Section 53150) of Chapter 1 of Part 1 of Division 2 of Title 5, whenever a county or city and county is billed…
- § 26614.7 (a) Notwithstanding Article 8 (commencing with Section 53150) of Chapter 1 of Part 1 of Division 2 of Title 5, when a person 16 years of age or older is a…
- § 26615 The sheriff shall maintain, or cause to be maintained, a directory of specially trained dogs or dog teams with proven ability in search and rescue operations…
- § 26616 Upon the application of a licensee under the Private Investigator and Adjuster Act (commencing with Section 7500 of the Business and Professions Code), the…
ARTICLE 1.1. Sheriff as Ex Officio Director of Emergency Services §§ 26620–26624 · 5 sections
- § 26620 The office of county director of emergency services shall be held ex officio by the county sheriff.
- § 26621 The county director of emergency services shall have the duties prescribed by state law and executive order, the California Disaster and Civil Defense Master…
- § 26622 The provisions of this article shall become operative in any county only upon their adoption by a resolution passed by unanimous vote of the board of…
- § 26623 In the event the board of supervisors elects to require that the sheriff perform the additional services authorized by this article it shall have the authority…
- § 26624 In the event the board of supervisors elects to make the provisions of this chapter operative, it may provide for the payment to the county director of…
ARTICLE 1.2. Court Security in Contra Costa County §§ 26625.2–26625.9 · 6 sections
- § 26625.2 There is a court security bureau within the Contra Costa County Sheriff’s Department to serve the superior court. The relationship between the sheriff’s…
- § 26625.3 There is a Court Security Oversight Committee consisting of five superior court judges appointed by the presiding judge. The duties of the committee shall be…
- § 26625.4 (a) The sheriff shall be the appointing authority for all court security bureau positions and employees. (b) The selection, appointment, and removal of…
- § 26625.6 Notwithstanding any other provision of this article, the sheriff through the court security bureau commander shall make all transfers within the court security…
- § 26625.7 An employee of the sheriff’s office who desires to transfer into the office of court services shall make application through the appropriate division to the…
- § 26625.9 All sworn permanent employees assigned to the court security bureau shall be required to meet those requirements of the California Commission on Peace Officer…
ARTICLE 1.8. Court Security in Los Angeles County § 26639.2 · 1 section
- § 26639.2 The courtroom assignment of bailiffs in the Los Angeles County Superior Court shall be determined by the presiding judge and the bailiff’s management…
ARTICLE 2. Prisoners’ Property §§ 26640–26646 · 7 sections
- § 26640 The sheriff shall take charge of, safely keep, and keep a correct account of, all money and valuables found on each prisoner when delivered at the county jail.…
- § 26641 When any prisoner is removed to a state hospital or to a state prison or is released to the custody of an officer of another jurisdiction, his money and…
- § 26642 The sheriff shall pay into the general fund for the use and benefit of the county any money of a prisoner or the proceeds of the sale of his or her valuables…
- § 26643 When any prisoner dies or loses the legal capacity to make decisions, the sheriff shall make diligent effort to communicate the fact to friends or relatives of…
- § 26644 Any money and valuables of a prisoner and the accounts are subject to audit by the county auditor.
- § 26645 For failure to comply with this article, the sheriff is liable on his official bond.
- § 26646 The sheriff, with the approval of the county auditor, may establish bank accounts in which money received by the sheriff for bail and fines may be deposited…
ARTICLE 3. Process and Notices §§ 26660–26666.10 · 10 sections
- § 26660 As used in this title: (a) “Process” includes all writs, warrants, summons, and orders of courts of justice, or judicial officers. (b) “Notice” includes all…
- § 26661 When process or notices are returnable to another county the sheriff may enclose the process or notice in an envelope, addressed to the officer from whom it…
- § 26662 The return of the sheriff upon process or notices is prima facie evidence of the facts stated in the return.
- § 26663 Any sheriff who does not return a process or notice in his or her possession, with the necessary endorsement thereon, without delay is liable to the person…
- § 26664 Any sheriff who neglects or refuses to perform the duties under a writ of attachment, execution, possession, or sale, after being required by the creditor’s…
- § 26665 All writs, notices, or other process issued by superior courts in civil actions or proceedings may be served by any duly qualified and acting marshal or…
- § 26666 (a) Notwithstanding any other law, a marshal or sheriff, including their department or office, shall comply with this section for service of process and…
- § 26666.2 Except for the following criteria, a marshal or sheriff, including their department or office, shall not review the substance of a summons, order, or other…
- § 26666.5 (a) A marshal or sheriff, including their department or office, shall accept transmission by email, fax, or in-person delivery of the form or forms described…
- § 26666.10 (a) On or before January 1, 2024, the Judicial Council shall create a statewide form or forms to be used by litigants in civil actions or proceedings to…
ARTICLE 4. Liability §§ 26680–26685 · 2 sections
- § 26680 If on demand the sheriff neglects or refuses to pay over to the person entitled any money which comes into his or her hands by virtue of his or her office,…
- § 26685 Whenever any action is brought against any sheriff, all deputies and employees of the sheriff employed under any civil service or merit system upon whose…
ARTICLE 5. Badges § 26690 · 1 section
- § 26690 The board of supervisors shall furnish the sheriff and deputy sheriffs with suitable badges of office. Upon the badge of the sheriff shall be inscribed…
ARTICLE 7. Fees §§ 26720–26751 · 36 sections
- § 26720 For services performed by them sheriffs shall charge and collect the fees fixed in this article.
- § 26720.5 Notwithstanding Section 26720, fees otherwise payable by a litigant pursuant to this article shall be waived or, if paid, refunded, in any case in which the…
- § 26720.9 Notwithstanding any other law, the amounts set forth in Sections 26721, 26721.1, 26725, 26728, 26734, 26742, and 26743 shall be fifty dollars ($50).
- § 26721 Except as provided in this article, the fee for serving or executing any process or notice required by law or the litigants to be served shall be the amount…
- § 26721.1 In an action for unlawful detainer, the fee for service of a summons, complaint, and prejudgment claim of right to possession pursuant to Section 415.46 of the…
- § 26721.2 (a) For any action commenced in the superior court, the fee for the service of the summons, the complaint for which the summons is issued, and all other…
- § 26722 The fee for serving, executing, or processing any writ or order where the levying officer is required to take immediate possession of the property levied upon…
- § 26723 The fee for opening a safe-deposit box pursuant to Sections 488.460 and 700.150 of the Code of Civil Procedure is one hundred seventy dollars ($170).
- § 26725 The fee for serving, executing, or processing a writ of attachment, writ of execution, writ of sale, or order on real estate, as to the initial service or…
- § 26725.1 The fee for serving or posting any additionally required notices or orders on other parcels is twenty-five dollars ($25) each.
- § 26726 (a) The fee for keeping and caring for property under a writ of attachment, execution, possession, or sale is one hundred seventy-five dollars ($175) when…
- § 26727 The fee for a copy of any writ, process, paper, order, or notice actually made by the sheriff when required or demanded is one dollar and twenty-five cents…
- § 26728 The fee for preparing and posting the initial notice of personal property sale under a writ of attachment, execution, or sale or order of court shall be the…
- § 26728.1 The fee for preparing and posting additionally required notices of personal property sales is nineteen dollars ($19) each.
- § 26729 The fee for furnishing a notice for publication is nineteen dollars ($19).
- § 26730 The fee for conducting or postponing the sale of real or personal property as required by law or the litigant is one hundred ten dollars ($110).
- § 26731 (a) Twenty-two dollars ($22) of any fee collected by the sheriff’s civil division or marshal under Sections 26721, 26722, 26725, 26726, 26728, 26730, 26733.5,…
- § 26732 The fee for publication of a notice in a newspaper is the reasonable cost of the publication.
- § 26733.5 The fee for serving a writ of possession of real property on an occupant or the occupants or for posting and serving a copy on the judgment debtor is one…
- § 26734 The fee for making a levy on personal property already in possession of the officer who is holding it under attachment in the same action shall be the amount…
- § 26736 The fee for cancellation of the service or execution of any process or notice, other than a summons, prior to its completion is fifty dollars ($50). The fee…
- § 26738 The fee for making a not-found return on an affidavit and order, order for appearance, subpoena, writ of attachment, writ of execution, writ of possession,…
- § 26740 The fee for the execution and delivery of a deed or certificate of redemption is nineteen dollars ($19).
- § 26741 The fee for executing and delivering a certificate or deed of sale is nineteen dollars ($19).
- § 26742 The fee for executing and delivering any other instrument shall be the amount described in Section 26720.9.
- § 26743 The fee for subpoenaing a witness, including a copy of the subpoena and any affidavit required to be served therewith, shall be the amount described in Section…
- § 26744 The fee for serving or executing a bench warrant arising from an order of appearance issued under subparagraph (A) of paragraph (1) of subdivision (a) of…
- § 26744.5 (a) The fees for processing a warrant issued pursuant to Section 1993 of the Code of Civil Procedure shall be paid by the moving party, as follows: (1) Fifty…
- § 26745 The fee for summoning a trial jury of 12 or less is two dollars ($2), and for each additional juror, ten cents ($0.10).
- § 26746 (a) In addition to any other fees required by law, a processing fee of fifteen dollars ($15) shall be assessed for each disbursement of money collected under a…
- § 26746.1 (a) A twenty-five-dollar ($25) fee shall be assessed by the sheriff or marshal for certification of correction on each citation that requires inspection for…
- § 26747 For transporting prisoners to the county jail, the sheriff shall charge the actual cost of such transportation.
- § 26748 In addition to the fees provided by this article, the sheriff may collect from the litigant or person requiring his services, his actual expenses for…
- § 26749 The sheriff shall receive expenses necessarily incurred in conveying persons to and from the state hospitals and in conveying persons to and from the state…
- § 26750 (a) The fee for serving an earnings withholding order under the Wage Garnishment Law (Chapter 5 (commencing with Section 706.010) of Division 2 of Title 9 of…
- § 26751 After possession is taken of any vehicle by or on behalf of any legal owner thereof under the terms of a security agreement or lease agreement, the debtor…
ARTICLE 8. Transportation of Prisoners §§ 26775–26778 · 4 sections
- § 26775 The boards of supervisors of two or more counties may enter into a contract pursuant to this article.
- § 26776 The contract may provide, with respect to any situation in which, under the law, a sheriff is authorized to transport a prisoner from the sheriff’s own county…
- § 26777 In any case in which a sheriff, acting pursuant to a contract entered into under this article, takes a prisoner into custody and transports him, such action…
- § 26778 A contract entered into under this article shall provide for compensation to the county whose sheriff is performing the service by the county for whose sheriff…