TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000. - 4351.]
Heading of Title 4 amended by Stats. 1957, Ch. 50.
§§ 4000–4351 · 172 sections
CHAPTER 1. County Jails §§ 4000–4033 · 75 sections
- § 4000 The common jails in the several counties of this state are kept by the sheriffs of the counties in which they are respectively situated, and are used as…
- § 4000.5 Notwithstanding any other provision of law, the sheriff of any county may transfer prisoners committed to any jail of the county to any industrial road camp…
- § 4001 Each county jail must contain a sufficient number of rooms to allow all persons belonging to either one of the following classes to be confined separately and…
- § 4001.1 (a) No law enforcement or correctional official shall give, offer, or promise to give any monetary payment in excess of fifty dollars ($50) in return for an…
- § 4001.2 (a) Each county jail shall, upon detention of a person, ask if the person has served in the United States military and document the person’s response. (b) The…
- § 4002 (a) Persons committed on criminal process and detained for trial, persons convicted and under sentence, and persons committed upon civil process, shall not be…
- § 4002.5 (a) On or before January 1, 2020, the sheriff of each county or the administrator of each county jail shall develop and implement an infant and toddler breast…
- § 4003 Whenever any weapon or other personal property is taken from an arrested person, it shall be the duty of the desk clerk or other proper officer of any city,…
- § 4004 A prisoner committed to the county jail for examination, or upon conviction for a public offense, must be actually confined in the jail until legally…
- § 4004.5 (a) A city may furnish facilities to be used for holding prisoners held for examination or during trial without cost to the county or upon such terms as may be…
- § 4005 (a) Except as provided in subdivision (b), the sheriff shall receive, and keep in the county jail, any prisoner committed thereto by process or order issued…
- § 4006 A sheriff, to whose custody a prisoner is committed as provided in the last section, is answerable for his safekeeping in the courts of the United States,…
- § 4006.5 (a) Notwithstanding any other provision of law, a county board of supervisors or city council may enter into a contract with the federal government, or any…
- § 4007 When there is no jail in the county, or when the jail becomes unfit or unsafe for the confinement of prisoners, the judge of the superior court may, by a…
- § 4008 A copy of the appointment, certified by the clerk of the court, must be served on the sheriff or keeper of the jail designated, who must receive into the jail…
- § 4009 When a jail is erected in a county for the use of which the designation was made, or its jail is rendered fit and safe for the confinement of prisoners, the…
- § 4010 The clerk of the court must immediately serve a copy of the revocation upon the sheriff of the county, who must thereupon remove the prisoners to the jail of…
- § 4011 (a) When it is made to appear to any judge by affidavit of the sheriff or other official in charge of county correctional facilities or district attorney and…
- § 4011.1 (a) Notwithstanding Section 29602 of the Government Code and any other provisions of this chapter, a county, city or the Department of the Youth Authority is…
- § 4011.2 A sheriff, chief or director of corrections, or chief of police shall not charge a fee for an inmate-initiated medical visit of an inmate confined in a county…
- § 4011.3 (a) Notwithstanding Section 4011.1, a sheriff, chief or director of corrections, or chief of police shall not charge a fee for durable medical equipment or…
- § 4011.5 (a) If a sheriff or jailer determines that a prisoner in a county jail or a city jail under his or her charge is in need of immediate medical or hospital care,…
- § 4011.6 (a) (1) If it appears to the person in charge of a county jail, city jail, or juvenile detention facility, or to any judge of a court in the county in which…
- § 4011.7 Notwithstanding the provisions of Sections 4011 and 4011.5, when it appears that the prisoner in need of medical or surgical treatment necessitating…
- § 4011.8 A person in custody who has been charged with or convicted of a criminal offense may make voluntary application for inpatient or outpatient mental health…
- § 4011.9 Notwithstanding the provisions of Sections 4011 and 4011.5, when it appears that the prisoner in need of medical or surgical treatment necessitating…
- § 4011.10 (a) It is the intent of the Legislature in enacting this section to provide county sheriffs, chiefs of police, and directors or administrators of local…
- § 4011.11 (a) (1) Through December 31, 2022, the board of supervisors in each county, in consultation with the county sheriff, may designate an entity or entities to…
- § 4012 When a pestilence or contagious disease breaks out in or near a jail, and the physician thereof certifies that it is liable to endanger the health of the…
- § 4013 (a) A warden, sheriff, or jailer upon whom a paper in a judicial proceeding, directed to an incarcerated person in the custody of the warden, sheriff, or…
- § 4014 The sheriff, when necessary, may, with the assent in writing of the county judge, or in a city, of the mayor thereof, employ a temporary guard for the…
- § 4015 (a) The sheriff shall receive all persons committed to jail by competent authority. The board of supervisors shall provide the sheriff with necessary food,…
- § 4016 Whenever a person is committed upon process in a civil action or proceeding, except when the people of this State are a party thereto, the sheriff is not bound…
- § 4016.5 A city or county shall be reimbursed by the Department of Corrections and Rehabilitation for costs incurred resulting from the detention of a state prisoner or…
- § 4017 All persons confined in the county jail, industrial farm, road camp, or city jail under a final judgment of imprisonment rendered in a criminal action or…
- § 4017.1 (a) (1) Except as provided in paragraph (2), any person confined in a county jail, industrial farm, road camp, or city jail who is required or permitted by an…
- § 4017.5 In any case in which a person is confined to a city or county jail for a definite period of time for contempt pursuant to an action or proceeding other than a…
- § 4018 The board of supervisors making such order may prescribe and enforce the rules and regulations under which such labor is to be performed; and provide clothing…
- § 4018.1 Subject to the availability of adequate state funding for these purposes, the sheriff of each county shall provide inmates who have been sentenced for…
- § 4018.5 The sheriff or other official in charge of county correctional facilities may, subject to the approval of the board of supervisors, provide for the vocational…
- § 4018.6 The sheriff of the county may authorize the temporary removal under custody or temporary release without custody of any inmate of the county jail, honor farm,…
- § 4019 (a) This section applies in all of the following cases: (1) When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a…
- § 4019.1 (a) Notwithstanding any other law, the sheriff or county director of corrections may, at his or her discretion, award additional time credits to any inmate…
- § 4019.2 (a) Notwithstanding any other law, any inmate sentenced to county jail assigned to a conservation camp by a sheriff and who is eligible to earn one day of…
- § 4019.3 The board of supervisors may credit each prisoner with a sum of money to be determined by the board if the prisoner is confined in or committed to a county…
- § 4019.4 (a) (1) In addition to credit awarded pursuant to Section 4019, a sheriff or county director of corrections may also award an inmate program credit reductions…
- § 4019.5 (a) “Kangaroo court” as used in this section means a mock court conducted by any prisoner or group of prisoners for the purpose of inflicting punishment upon…
- § 4020 Whenever the board of health of any city or county, or the board of supervisors of any county, or the county physician of any county of this State, presents,…
- § 4020.4 In every county having a population of more than 275,000, there shall be a female deputy sheriff in charge of female prisoners. The sheriff of the county shall…
- § 4020.7 The duties and powers of the female deputy sheriff or other suitable woman assigned to jail duty shall be as follows: (a) She shall have free access at all…
- § 4020.8 No officer, deputy, jailer, keeper, guard, or person having charge or control of any such county jail shall refuse the duly appointed and qualified female…
- § 4021 (a) Whenever any female prisoner or prisoners are confined in any local detention facility in the state there shall be an appropriately trained female…
- § 4022 Whenever by the terms of this code, or of any other law of the state, it is provided that a prisoner shall be confined in any county jail, such provision shall…
- § 4023 Whenever the daily average of more than 100 persons are confined in any county or city jail there shall be available at all times a duly licensed and…
- § 4023.5 (a) A person confined in a local detention facility shall be allowed to continue to use materials necessary for personal hygiene with regard to their menstrual…
- § 4023.6 (a) Any incarcerated person in any local detention facility shall have the right to summon and receive the services of any physician, nurse practitioner,…
- § 4023.8 (a) A person incarcerated in a county jail who is identified as possibly pregnant or capable of becoming pregnant during an intake health examination or at any…
- § 4024 (a) The sheriff may discharge any prisoner from the county jail at such time on the last day such prisoner may be confined as the sheriff shall consider to be…
- § 4024.1 (a) The sheriff, chief of police, or any other person responsible for a county or city jail may apply to the presiding judge of the superior court to receive…
- § 4024.2 (a) Notwithstanding any other law, the board of supervisors of any county may authorize the sheriff or other official in charge of county correctional…
- § 4024.3 (a) Notwithstanding any other law, the board of supervisors of any county in which the average daily inmate population is 90 percent of the county’s…
- § 4024.4 (a) The board of supervisors of each county, with the concurrence of the county sheriff before implementation, and the city council of each city, with the…
- § 4024.5 (a) The rights established in this section apply to any person being released from a county jail, including, but not limited to, a person who has completed a…
- § 4025 (a) The sheriff of each county may establish, maintain and operate a store in connection with the county jail and for this purpose may purchase confectionery,…
- § 4025.5 (a) There is hereby created a program in the Counties of Alameda, Kern, Los Angeles, Marin, Napa, Orange, Sacramento, San Bernardino, San Francisco, San Diego,…
- § 4026 The sheriff or other officer in charge of a county or city jail may provide for the manufacture of small articles of handiwork by prisoners out of raw…
- § 4027 (a) (1) It is the intent of the Legislature that all prisoners confined in local detention facilities shall be afforded reasonable opportunities to exercise…
- § 4027.5 (a) On or before January 1, 2025, the sheriff of each county or the administrator of each local detention facility shall develop and implement a religious…
- § 4028 (a) A condition or restriction shall not be imposed upon the obtaining of an abortion by a person detained in any local detention facility, pursuant to…
- § 4029 (a) Whenever within any county adult detention facility or part of any county detention facility used for the confinement of adults, not including any city…
- § 4030 (a) (1) The Legislature finds and declares that law enforcement policies and practices for conducting strip or body cavity searches of detained persons vary…
- § 4031 (a) This section applies to all minors detained in a juvenile detention center on the grounds that he or she is a person described in Section 300, 601, or 602…
- § 4032 (a) For purposes of this section, the following definitions shall apply: (1) “In-person visit” means an on-site visit that may include barriers. In-person…
- § 4032.5 (a) This section shall be known, and may be cited, as Wakiesha’s Law. (b) If an incarcerated person has died, the county or city jail shall notify all people…
- § 4033 (a) (1) The San Diego County Sheriff’s Department and the Department of Motor Vehicles may implement a pilot program to provide an identification card for…
CHAPTER 1.5. Joint County Jails §§ 4050–4067 · 18 sections
- § 4050 This chapter may be cited as the Joint County Jail Act.
- § 4051 Any two or more counties may form a district for the purpose of establishing and operating a joint county jail to serve such counties.
- § 4052 Any district organized under this chapter shall have and exercise the powers expressly granted in this chapter, together with such other powers as are…
- § 4053 The board of supervisors of any county may initiate proceedings proposing the creation of a joint district for the purpose of maintaining a joint county jail…
- § 4054 When adopted, certified copies of the resolution provided for in Section 4053, shall be transmitted to the several clerks of the boards of supervisors in each…
- § 4055 Upon receipt of the resolution adopted under Section 4053, the boards of supervisors of the counties affected and to whom the same may be directed shall…
- § 4056 The board of supervisors of any county initiating proceedings for the creation of a joint district under this chapter shall, after the receipt of a copy of the…
- § 4057 All districts organized under this chapter shall be numbered in the order of their creation, the number to be assigned to said district forthwith upon the…
- § 4058 The Secretary of State shall furnish and transmit to the clerk of the board of supervisors of the county adopting the initial resolution for the organization…
- § 4059 The body formed under Section 4058 shall be called the board of directors of such district.
- § 4060 The members of the board of directors may enter into an agreement for and on behalf of the counties appointing them binding said counties to the joint…
- § 4061 All sums found due from any county according to the provisions of this chapter are a charge against said county, and may be collected in the manner provided by…
- § 4062 The board of directors may establish the joint county jail provided for in this chapter and shall provide for the feeding, care, and treatment of prisoners…
- § 4063 Each county in a district formed under this chapter shall pay from its general fund its proportionate share to the board of directors of such amount as the…
- § 4064 Convicted persons may be committed to a joint county jail from a county comprising the district the same as if the commitment were to a jail maintained by that…
- § 4065 The provisions of Chapter 1 (commencing at Section 4000) of this title shall, so far as appropriate, be applicable to a joint county jail established pursuant…
- § 4066 The board of directors may make rules and regulations for the government of a joint county jail not inconsistent with law.
- § 4067 A joint county jail district formed under this chapter may be dissolved in the following manner: (a) The board or boards of supervisors of a county or counties…
CHAPTER 2. County Industrial Farms and Road Camps §§ 4100–4305 · 74 sections
ARTICLE 1. County Industrial Farms §§ 4100–4137 · 40 sections
- § 4100 It is the purpose of this article to make possible the substitution of constructive labor for profitless prison confinement in order that those who are charged…
- § 4101 In each county an industrial farm or industrial road camp may be established under the provisions of this article.
- § 4102 Before establishing an industrial farm or industrial road camp in any county the board of supervisors thereof shall adopt a resolution of its intention so to…
- § 4103 Upon receipt of the resolution as provided in Section 4102, the legislative body of any incorporated city wishing to avail itself of the use of a proposed…
- § 4104 Any board of supervisors having adopted a resolution of intention to establish an industrial farm or industrial road camp shall ascertain and enter in its…
- § 4105 Upon ascertaining the facts provided for in Sections 4102 to 4104, inclusive, the board of supervisors may proceed to establish an industrial farm or…
- § 4106 For the purpose of establishing an industrial farm the board of supervisors may acquire by condemnation, purchase, lease or donation as many acres of land…
- § 4107 The board of supervisors shall secure by purchase or otherwise personal property convenient or necessary to carry out the purposes of this article. Stock,…
- § 4108 The board of supervisors shall employ a superintendent of an industrial farm or camp and such other subordinate persons as may be necessary for the proper…
- § 4109 The board shall also adopt rules governing the administration of a farm or camp formed under the provisions of this article and discipline thereon in…
- § 4110 If women are to be sentenced to an industrial farm, the board of supervisors establishing it shall provide thereon separate quarters for women prisoners, or…
- § 4111 If a separate farm for women prisoners is established it shall be considered as a part of the industrial farm of the county within the meaning of all…
- § 4112 When land has been acquired and such buildings and structures erected and improvements made as may be immediately necessary for the carrying out of the…
- § 4114 Each county which establishes an industrial farm or camp shall provide a county classification committee, which shall function as follows: (1) The sheriff…
- § 4115 The county jail shall serve as the initial place of detention for all adult persons committed to the custody of the sheriff, except city prisoners who are…
- § 4115.5 (a) The board of supervisors of a county where adequate facilities are not available for prisoners who would otherwise be confined in its county adult…
- § 4115.55 (a) Upon agreement with the sheriff or director of the county department of corrections, a board of supervisors may enter into a contract with other public…
- § 4115.56 (a) Upon agreement with the sheriff or director of the county department of corrections, a board of supervisors may enter into a contract with the Department…
- § 4116 No person shall be committed directly by any court to a county industrial farm or camp except as provided in the Welfare and Institutions Code. All other…
- § 4117 No person shall be transferred to an industrial farm or camp unless he has appeared before the county classification committee and has been assigned to that…
- § 4118 The legislative body of any incorporated city located in a county which has established an industrial farm or industrial road camp may adopt and forward to the…
- § 4119 At its option the board of supervisors may adopt a resolution stating that the county will care for the prisoners of the city on its industrial farm or camp at…
- § 4120 Upon the expiration of the sentence of any person imprisoned in any industrial farm or camp, he shall be discharged, and either furnished with transportation…
- § 4121 The cost of establishing and maintaining an industrial farm or industrial road camp formed under this article shall be paid out of the county general fund. Any…
- § 4122 The cost of transporting city prisoners to an industrial farm or camp shall be borne by the city from whose courts they were committed. All other…
- § 4123 Any person transferred from an industrial farm or camp to the county jail shall be maintained at the jail at the expense of the county as are other prisoners…
- § 4124 Each county board of supervisors may specify a rate to be charged for the care of city prisoners, which rate shall not exceed the average cost to the county of…
- § 4125 Each person in custody on any industrial farm or industrial road camp who is found to have any person or persons dependent on him for support, as provided in…
- § 4125.1 The board of supervisors may contract with the United States or the State of California, or any department or agency thereof, for the performance of work and…
- § 4126 The maximum amount per day to be credited to a person in custody on an industrial farm or camp shall be fixed from time to time by the board of supervisors and…
- § 4127 The court by whom any person was sentenced may at any time by written order direct payment of all or any part of the sums to be credited to any such person…
- § 4128 Payments authorized under this article to be made to any person other than the prisoner may be made weekly on any day designated by the superintendent of the…
- § 4129 For the purpose of making the payments designated in this article the board of supervisors shall by order provide the superintendent with a revolving fund.…
- § 4130 So far as practicable those in custody on an industrial farm shall be employed in productive labor. The products of an industrial farm shall be used: first, to…
- § 4131 Subject to regulations adopted by the board of supervisors the superintendent shall maintain discipline on an industrial farm. Whenever the superintendent…
- § 4133 The boundary of every industrial farm established under the provisions of this article shall be marked by a fence, hedge or by some other visible line. Every…
- § 4134 Any board of supervisors which has established or desires to establish an industrial farm or industrial road camp may at any time appoint an advisory board to…
- § 4135 The advisory board shall acquaint itself with the conduct of the jails in the county, keep itself informed about the administration of the industrial farm or…
- § 4136 Sections 4011, 4011.5, 4011.6 and 4011.7 are applicable to county industrial farms, county industrial road camps, and joint county road camps established…
- § 4137 The board of supervisors of any county in which a county industrial farm, industrial road camp, or honor camp has been established may, by ordinance, authorize…
ARTICLE 2. Joint County Road Camp Act §§ 4200–4227 · 28 sections
- § 4200 This article shall be known and may be cited as the Joint County Road Camp Act.
- § 4201 Any two or more counties may form a district for the purpose of requiring all persons confined in the county jails of such counties, under a final judgment of…
- § 4202 Any district organized under this article shall have and exercise the powers expressly granted in this article, together with such other powers as are…
- § 4203 The board of supervisors of any county may initiate proceedings proposing the creation of a joint district for the purpose of maintaining a joint county road…
- § 4204 When adopted certified copies of the resolution provided for in Section 4203, shall be transmitted to the several clerks of the boards of supervisors in each…
- § 4205 Upon receipt of the resolution adopted under Section 4203, the boards of supervisors of the counties affected and to whom the same may be directed shall…
- § 4206 The board of supervisors of any county initiating proceedings for the creation of a joint district under this article shall, after the receipt of a copy of the…
- § 4207 All districts organized under this article shall be numbered in the order of their creation, the number to be assigned to said district forthwith upon the…
- § 4208 The Secretary of State shall furnish and transmit to the clerk of the board of supervisors of the county adopting the initial resolution for the organization…
- § 4209 The body formed under Section 4208 shall be called the board of directors of such district.
- § 4210 The delegates from each county may enter into an agreement with the other counties for and on behalf of the county appointing them, binding said counties to…
- § 4211 All sums found due from any county according to the provisions of this article are a debt against said county, and may be collected in the manner provided by…
- § 4212 The board of directors may establish the road camp or camps provided for in this article, and may furnish such camp or camps with the necessary personnel and…
- § 4213 Each county in a district formed under this article shall pay from its general fund its proportionate share to the board of directors of such amount as the…
- § 4214 Within 15 days after any person is confined in the county jail of any county within a district under a final judgment of imprisonment rendered in a criminal…
- § 4215 The boards of directors of joint county road camp districts may contract with the State Department of Public Works for the employment of jail prisoners in the…
- § 4216 When the prisoners of a road camp are engaged in the construction or maintenance of any portion of the state highway the expense of maintaining them together…
- § 4217 Any money expended by the Department of Public Works under the provisions of this article shall be taken from any funds available for the construction or…
- § 4218 The State Department of Public Works may contract with the boards of directors of the joint districts created under this article for all the purposes stated in…
- § 4219 When a joint road camp, and the prisoners thereof, are employed in the construction or maintenance of any county way, road or public work, the total expense of…
- § 4220 All payments provided for in Section 4219 shall be made by warrants drawn on the proper fund in favor of “Joint County Road Camp District No. ________”…
- § 4221 Whenever the revolving fund provided for in this article after payment of all bills due against a district exceeds twenty thousand dollars ($20,000) or exceeds…
- § 4222 The board of directors may make such rules as it deems proper for the government of camps and the conduct of prisoners therein and may fix a reasonable…
- § 4223 Each prisoner shall be charged with the cost of all tools and appliances for the performance of labor which are furnished to him, and upon his release or…
- § 4224 All sums earned by any prisoner may be retained until he has completed his sentence, or until he is released or discharged, and shall thereupon be paid to him.…
- § 4225 The board of supervisors of any county not included within any joint county road camp district, and having a population of 150,000 or more persons, may…
- § 4226 The board of supervisors of any county covered by Section 4225 shall nominate three of its members to serve as directors of the district formed thereunder, and…
- § 4227 A joint county road camp district formed under this article may be dissolved in the following manner: 1. The board or boards of supervisors of a county or…
ARTICLE 3. Advisory Committees for Adult Detention Facilities §§ 4300–4305 · 6 sections
- § 4300 The board of supervisors may establish in each county a county advisory committee on adult detention.
- § 4301 There shall be 6, 9, or 12 members of the committee. One-third shall be appointed by the board of supervisors, one-third by the sheriff, and one-third by the…
- § 4302 The members of the committee shall hold office for four years, and until their successors are appointed and qualify. Of those first appointed by the sheriff,…
- § 4303 Members of the committee shall serve without compensation, but shall be allowed their reasonable expenses as approved by the presiding judge of the superior…
- § 4304 The committee shall file a report within 90 days after the thirty-first day of December of the calendar year for which such report is made, copies of which…
- § 4305 The committee shall annually inspect the city and county adult detention facilities. Such inspection shall be concerned with the conditions of inmate…
CHAPTER 2.5. Jail Industry Authority §§ 4325–4328 · 3 sections
- § 4325 (a) The board of supervisors of the Counties of Lake, Los Angeles, Madera, Sacramento, San Diego, San Joaquin, San Luis Obispo, Sonoma, Stanislaus, Tulare,…
- § 4327 Upon the establishment of the Jail Industry Program or Jail Industry Authority, the board of supervisors shall establish a Jail Industries Fund, which may be a…
- § 4328 Funds in a Jail Industries Fund may only be used for the operation or expansion of the jail industry program or to cover operating and construction costs of…
CHAPTER 3. Blood Donations §§ 4350–4351 · 2 sections
- § 4350 This chapter applies to prisoners confined in city, county, or city and county jails, or industrial farms or road camps established pursuant to this title, who…
- § 4351 Any prisoner, to whom this chapter applies, may voluntarily donate blood to a blood bank duly licensed by the State Department of Public Health. Prior to blood…