4000-4030
PENAL CODE
SECTION 4000-4030
4000. The common jails in the several counties of this State are
kept by the sheriffs of the counties in which they are repectively
situated, and are used as follows:
1. For the detention of persons committed in order to secure their
attendance as witnesses in criminal cases;
2. For the detention of persons charged with crime and committed
for trial;
3. For the confinement of persons committed for contempt, or upon
civil process, or by other authority of law;
4. For the confinement of persons sentenced to imprisonment
therein upon a conviction for crime.
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 maintained by the county.
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 distinctly from persons belonging to
either of the other classes:
1. Persons committed on criminal process and detained for trial;
2. Persons already convicted of crime and held under sentence;
3. Persons detained as witnesses or held under civil process, or
under an order imposing punishment for a contempt.
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 in-custody informant's testimony in
any criminal proceeding. Nothing contained herein shall prohibit
payments incidental to the informant's testimony such as expenses
incurred for witness or immediate family relocation, lodging,
housing, meals, phone calls, travel, or witness fees authorized by
law, provided those payments are supported by appropriate
documentation demonstrating that the money was used for the purposes
for which it was given.
(b) No law enforcement agency and no in-custody informant acting
as an agent for the agency, may take some action, beyond merely
listening to statements of a defendant, that is deliberately designed
to elicit incriminating remarks.
(c) As used in this section, an "in-custody informant" means a
person described in subdivision (a) of Section 1127a.
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 kept or put in the same room, nor
shall male and female prisoners, except husband and wife, sleep,
dress or undress, bathe, or perform eliminatory functions in the same
room. However, persons committed on criminal process and detained
for trial may be kept or put in the same room with persons convicted
and under sentence for the purpose of participating in supervised
activities and for the purpose of housing, provided, that the housing
occurs as a result of a classification procedure that is based upon
objective criteria, including consideration of criminal
sophistication, seriousness of crime charged, presence or absence of
assaultive behavior, age, and other criteria that will provide for
the safety of the prisoners and staff.
(b) Inmates who are held pending civil process under the sexually
violent predator laws shall be held in administrative segregation.
For purposes of this subdivision, administrative segregation means
separate and secure housing that does not involve any deprivation of
privileges other than what is necessary to protect the inmates and
staff. Consistent with Section 1610, to the extent possible, the
person shall continue in his or her course of treatment, if any. An
alleged sexually violent predator held pending civil process may
waive placement in secure housing by petitioning the court for a
waiver. In order to grant the waiver, the court must find that the
waiver is voluntary and intelligent, and that granting the waiver
would not interfere with any treatment programming for the person
requesting the waiver. A person granted a waiver shall be placed with
inmates charged with similar offenses or with similar criminal
histories, based on the objective criteria set forth in subdivision
(a).
(c) Nothing in this section shall be construed to impose any
requirement upon a county to confine male and female prisoners in the
same or an adjoining facility or impose any duty upon a county to
establish or maintain programs which involve the joint participation
of male and female prisoners.
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, county or city and county jail, to which
such person is committed for detention, to give a receipt to such
person without delay for the property taken.
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 discharged; and if the prisoner is permitted
to go at large out of the jail, except by virtue of a legal order or
process, it is an escape; provided, however, that during the pendency
of a criminal proceeding, the court before which said proceeding is
pending may make a legal order, good cause appearing therefor, for
the removal of the prisoner from the county jail in custody of the
sheriff. In courts where there is a marshal, the marshal shall
maintain custody of such prisoner while the prisoner is in the court
facility pursuant to such court order. The superior court of the
county may make a legal order, good cause appearing therefor, for the
removal of prisoners confined in the county jail, after conviction,
in the custody of the sheriff.
If facilities are no longer available in the county jail due to
crowded conditions, a sheriff may transfer a person committed to the
county jail upon conviction for a public offense to facilities which
are available in the city jail, as provided for in Section 4004.5.
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 agreed upon by the governing body
of the city and the board of supervisors, and the marshal may keep
the prisoners in their custody in the city jail.
(b) A city may furnish facilities to be used for holding persons
convicted of a public offense who have been transferred from the
county jail by the sheriff due to crowded conditions upon those terms
as may be agreed upon by the governing body of the city and the
board of supervisors. The agreed terms may indicate that the
facilities are to be provided free of charge to the county.
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 under the authority of the United States,
until he or she is discharged according to law, as if he or she had
been committed under process issued under the authority of this
state; provision being made by the United States for the support of
the prisoner.
(b) The sheriff shall receive, and keep in the county jail, any
prisoner committed thereto by process or order issued under the
authority of the United States, until he or she is discharged
according to law, as if he or she had been committed under process
issued under the authority of this state, but only if the sheriff
determines that adequate space in appropriate detention areas
currently exists for this purpose. Provision shall be made by the
United States for the support of the prisoner. This subdivision shall
apply only in counties where a facility operated by the United
States Bureau of Prisons exists within 200 miles of the county seat.
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, according to the laws thereof.
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 department or agency thereof, to
manage, control, and operate a federal prison located within the
boundaries of that county or city.
(b) If a city or county enters into a contract pursuant to
subdivision (a), the sheriff or chief of police, as appropriate,
shall have sole and exclusive authority to keep the prison and the
prisoners in it.
(c) If a city or county enters into a contract pursuant to
subdivision (a), the employees working in the prison shall be
employees of, and under the authority of, the sheriff or chief of
police, as appropriate.
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 written order filed with the clerk of the
court, designate the jail of a contiguous county for the confinement
of any prisoner of his or her county, and may at any time modify or
vacate the order.
When there are reasonable grounds to believe that a prisoner may
be forcibly removed from a county jail, the sheriff may remove the
prisoner to any California state prison for safekeeping and it is the
duty of the warden of the prison to accept and detain the prisoner
in his or her custody until his or her removal is ordered by the
superior court of the county from which he or she was delivered.
Immediately upon receiving the prisoner the warden shall advise the
Director of Corrections of that fact in writing.
When a county prisoner requires medical treatment necessitating
hospitalization which cannot be provided at the county jail or county
hospital because of lack of adequate detention facilities, and when
the prisoner also presents a serious custodial problem because of his
or her past or present behavior, the judge of the superior court
may, on the request of the county sheriff and with the consent of the
Director of Corrections, designate by written order the nearest
state prison or correctional facility which would be able to provide
the necessary medical treatment and secure confinement of the
prisoner. The written order of the judge shall be filed with the
clerk of the court. The court shall immediately calendar the matter
for a hearing to determine whether the order shall continue or be
rescinded. The hearing shall be held within 48 hours of the initial
order or the next judicial day, whichever occurs later. The prisoner
shall not be transferred to the state prison or correctional facility
prior to the hearing, except upon a determination by the physician
responsible for the prisoner's health care that a medical emergency
exists which requires the transfer of the prisoner to the state
prison or correctional facility prior to the hearing. The prisoner
shall be entitled to be present at the hearing and to be represented
by counsel. The prisoner may waive his or her right to this hearing
in writing at any time. If the prisoner waives his or her right to
the hearing, the county sheriff shall notify the prisoner's attorney
of the transfer within 48 hours, or the next business day, whichever
is later. The court may modify or vacate the order at any time.
The rate of compensation for the prisoner's medical treatment and
confinement within a California state prison or correctional facility
shall be established by the Department of Corrections, and shall be
charged against the county making the request.
When there are reasonable grounds to believe that there is a
prisoner in a county jail who is likely to be a threat to other
persons in the facility or who is likely to cause substantial damage
to the facility, the judge of the superior court may, on the request
of the county sheriff and with the consent of the Director of
Corrections, designate by written order the nearest state prison or
correctional facility which would be able to secure confinement of
the prisoner, subject to space available. The written order of the
judge must be filed with the clerk of the court. The court shall
immediately calendar the matter for a hearing to determine whether
the order shall continue or be rescinded. The hearing shall be held
within 48 hours of the initial order or the next judicial day,
whichever occurs later. The prisoner shall be entitled to be present
at the hearing and to be represented by counsel. The court may modify
or vacate that order at any time. The rate of compensation for the
prisoner's confinement within a California state prison or
correctional facility shall be established by the Department of
Corrections and shall be charged against the county making the
request.
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 all prisoners authorized
to be confined therein, pursuant to Section 4007, and who is
responsible for the safekeeping of the persons so committed, in the
same manner and to the same extent as if the sheriff or keeper of the
jail were sheriff of the county for whose use the jail is
designated, and with respect to the persons so committed the sheriff
or keeper of the jail is deemed the sheriff of the county from which
they were removed.
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 judge of the superior court of that
county must, by a written revocation, filed with the clerk of the
court, declare that the necessity for the designation has ceased, and
that it is revoked.
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 the county from which the removal was
had.
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 oral testimony that a prisoner
confined in any city or county jail within the jurisdiction of the
court requires medical or surgical treatment necessitating
hospitalization, which treatment cannot be furnished or supplied at
such city or county jail, the court in its discretion may order the
removal of such person or persons from such city or county jail to
the county hospital in such county; provided, if there is no county
hospital in such county, then to any hospital designated by such
court; and it shall be the duty of the sheriff or other official in
charge of county correctional facilities to maintain the necessary
guards, who may be private security guards, for the safekeeping of
such prisoner, the expense of which shall be a charge against the
county.
(b) The cost of such medical services and such hospital care and
treatment shall be charged against the county subject to subdivisions
(c) and (d), in the case of a prisoner in or taken from the county
jail, or against the city in the case of a prisoner in or taken from
the city jail, and the city or county may recover the same by
appropriate action from the person so served or cared for, or any
person or agency responsible for his care and maintenance. If the
prisoner is in the county jail under contract with a city or under
some other arrangement with the city to keep the city prisoner in the
county jail, then the city shall be charged, subject to subdivisions
(c) and (d), for the prisoner's care and maintenance with the same
right of recovery against any responsible person or any other agency.
(c) When such prisoner is poor and indigent the cost of such
medical services and such hospital care and treatment shall, in the
case of persons removed from the city jail be paid out of the general
fund of such city, and in the case of persons removed from the
county jail to a hospital other than a county hospital, such cost
shall be paid out of the general fund of such county or city and
county. In the case of city jail prisoners removed to the county
hospital, the cost of such hospital care and treatment to be paid by
the city to the county, shall be the rate per day fixed by the board
of supervisors of such county. Such board of supervisors may, but
need not, fix different rates for different classes of patients, or
for different wards, and any and all such rates may be changed by
such board of supervisors at any time, but shall at all times
approximate as nearly as may be, the average actual cost to the
county of such hospital care and treatment either in such wards or
for such classes of patients or otherwise.
(d) In the event such prisoner is financially able to pay for his
care, support and maintenance, the medical superintendent of such
hospital other than a county hospital may, with the approval of such
judge, enter into a special agreement with such person, or with his
relatives or friends, for his care, support, maintenance, and other
hospital expenses.
Any prisoner may decline such care or treatment and provide other
care and treatment for himself at his own expense.
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 authorized to make claim for and
recovery of the costs of necessary hospital, medical, surgical,
dental, or optometric care rendered to any prisoner confined in a
county or city jail or any juvenile confined in a detention facility,
who would otherwise be entitled to that care under the Medi-Cal Act
(Chapter 7 (commencing with Section 14000) Part 3, Division 9, of the
Welfare and Institutions Code), and who is eligible for that care on
the first day of confinement or detention, to the extent that
federal financial participation is available, or under the provisions
of any private program or policy for that care, and the county, city
or the Department of the Youth Authority shall be liable only for
the costs of that care as cannot be recovered pursuant to this
section. No person who is eligible for Medi-Cal shall be eligible for
benefits under the provisions of this section, and no county or city
or the Department of the Youth Authority is authorized to make a
claim for any recovery of costs for services for that person, unless
federal financial participation is available for all or part of the
costs of providing services to that person under the Medi-Cal Act.
Notwithstanding any other provision of law, any county or city
making a claim pursuant to this section and under the Medi-Cal Act
shall reimburse the Health Care Deposit Fund for the state costs of
paying those medical claims. Funds allocated to the county from the
County Health Services Fund pursuant to Part 4.5 (commencing with
Section 16700) of Division 9 of the Welfare and Institutions Code may
be utilized by the county or city to make that reimbursement.
(b) Notwithstanding Section 29602 of the Government Code and any
other provisions of this chapter, to the extent that recovery of
costs of necessary hospital, medical, surgical, dental, or optometric
care are not accomplished under subdivision (a), a county, city, or
the Department of the Youth Authority is authorized to make claim for
and recover from a prisoner or a person legally responsible for a
prisoner's care and maintenance the costs of necessary hospital,
medical, surgical, dental, or optometric care rendered to any
prisoner confined in a county or city jail, or any juvenile confined
in a detention facility, where the prisoner or the person legally
responsible for the prisoner's care and maintenance is financially
able to pay for the prisoner's care, support, and maintenance.
Nothing in this subdivision shall be construed to authorize a city, a
county, or the Department of the Youth Authority to make a claim
against a spouse of a prisoner.
(c) Necessary hospital, medical, dental, or optometric care, as
used in this section, does not include care rendered with respect to
an injury occurring during confinement in a county or city jail or
juvenile detention facility, nor does it include any care or testing
mandated by law.
(d) Subdivisions (b) and (c) shall apply only where there has been
a determination of the present ability of the prisoner or
responsible third party to pay all or a portion of the cost of
necessary hospital, medical, surgical, dental, or optometric care.
The person legally responsible for the prisoner's care shall provide
a financial disclosure statement, executed under penalty of perjury,
based on his or her past year's income tax return, to the Department
of the Youth Authority. The city, county, or Department of the Youth
Authority may request that the prisoner appear before a designated
hearing officer for an inquiry into the ability of the prisoner or
responsible third party to pay all or part of the cost of the care
provided.
(e) Notice of this request shall be provided to the prisoner or
responsible third party, which shall contain the following:
(1) A statement of the cost of the care provided to the prisoner.
(2) The prisoner's or responsible third party's procedural rights
under this section.
(3) The time limit within which the prisoner or responsible third
party may respond.
(4) A warning that if the prisoner or responsible third party
fails to appear before, or respond to, the designated officer, the
officer may petition the court for an order requiring him or her to
make payment of the full cost of the care provided to the prisoner.
(f) At the hearing, the prisoner or responsible third party shall
be entitled to, but shall not be limited to, all of the following
rights:
(1) The right to be heard in person.
(2) The right to present witnesses and documentary evidence.
(3) The right to confront and cross-examine adverse witnesses.
(4) The right to have adverse evidence disclosed to him or her.
(5) The right to a written statement of the findings of the
designated hearing officer.
(g) If the hearing officer determines that the prisoner or
responsible third party has the present ability to pay all or a part
of the cost, the officer shall set the amount to be reimbursed, and
shall petition the court to order the prisoner or responsible third
party to pay the sum to the city, county, or state, in the manner in
which it finds reasonable and compatible to the prisoner's or
responsible third party's financial ability. The court's order shall
be enforceable in the manner provided for money judgments in a civil
action under the Code of Civil Procedure.
(h) At any time prior to satisfaction of the judgment rendered
according to the terms of this section, a prisoner or responsible
third party against whom a judgment has been rendered, may petition
the rendering court for a modification of the previous judgment on
the grounds of a change of circumstance with regard to his or her
ability to pay the judgment. The prisoner or responsible third party
shall be advised of this right at the time the original judgment is
rendered.
(i) As used in this section, "ability to pay" means the overall
capacity of the prisoner or responsible third party to reimburse the
costs, or a portion of the costs, of the care provided to the
prisoner, and shall include, but not be limited to, all of the
following:
(1) The prisoner's or responsible third party's present financial
position.
(2) The prisoner's or responsible third party's discernible future
financial position.
(3) The likelihood that the prisoner or responsible third party
will be able to obtain employment in the future.
(4) Any other factor or factors which may bear upon the prisoner's
or responsible third party's financial position.
4011.2. (a) Notwithstanding Section 4011.1, a sheriff, chief or
director of corrections, or chief of police is authorized to charge a
fee in the amount of three dollars ($3) for each inmate-initiated
medical visit of an inmate confined in a county or city jail.
(b) The fee shall be charged to the inmate's personal account at
the facility. If the inmate has no money in his or her personal
account, there shall be no charge for the medical visit.
(c) An inmate shall not be denied medical care because of a lack
of funds in his or her personal account at the facility.
(d) The medical provider may waive the fee for any
inmate-initiated treatment and shall waive the fee in any
life-threatening or emergency situation, defined as those health
services required for alleviation of severe pain or for immediate
diagnosis and treatment of unforeseen medical conditions that if not
immediately diagnosed and treated could lead to disability or death.
(e) Followup medical visits at the direction of the medical staff
shall not be charged to the inmate.
(f) All moneys received by a sheriff, chief or director of
corrections, or chief of police pursuant to this section shall be
transferred to the county or city general fund.
4011.5. Whenever it appears to a sheriff or jailer that a prisoner
in a county jail or a city jail under his charge is in need of
immediate medical or hospital care, and that the health and welfare
of the prisoner will be injuriously affected unless he is forthwith
removed to a hospital, the sheriff or jailer may authorize the
immediate removal of the prisoner under guard to a hospital, without
first obtaining a court order as provided in Section 4011. In any
such case, however, if the condition of the prisoner prevents his
return to the jail within 48 hours from the time of his removal, the
sheriff or jailer shall apply to a judge of the superior court for an
order authorizing the continued absence of the prisoner from the
jail in the manner provided in Section 4011. The provisions of
Section 4011 governing the cost of medical and hospital care of
prisoners and the liability therefor, shall apply to the cost of, and
the liability for, medical or hospital care of prisoners removed
from jail pursuant to this section.
4011.6. In any case in which 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 the jail or juvenile
detention facility is located, that a person in custody in that jail
or juvenile detention facility may be mentally disordered, he or she
may cause the prisoner to be taken to a facility for 72-hour
treatment and evaluation pursuant to Section 5150 of the Welfare and
Institutions Code and he or she shall inform the facility in writing,
which shall be confidential, of the reasons that the person is being
taken to the facility. The local mental health director or his or
her designee may examine the prisoner prior to transfer to a facility
for treatment and evaluation. Upon transfer to a facility, Article 1
(commencing with Section 5150), Article 4 (commencing with Section
5250), Article 4.5 (commencing with Section 5260), Article 5
(commencing with Section 5275), Article 6 (commencing with Section
5300), and Article 7 (commencing with Section 5325) of Chapter 2 and
Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of
the Welfare and Institutions Code shall apply to the prisoner.
Where the court causes the prisoner to be transferred to a 72-hour
facility, the court shall forthwith notify the local mental health
director or his or her designee, the prosecuting attorney, and
counsel for the prisoner in the criminal or juvenile proceedings
about that transfer. Where the person in charge of the jail or
juvenile detention facility causes the transfer of the prisoner to a
72-hour facility the person shall immediately notify the local mental
health director or his or her designee and each court within the
county where the prisoner has a pending proceeding about the
transfer. Upon notification by the person in charge of the jail or
juvenile detention facility the court shall forthwith notify counsel
for the prisoner and the prosecuting attorney in the criminal or
juvenile proceedings about that transfer.
If a prisoner is detained in, or remanded to, a facility pursuant
to those articles of the Welfare and Institutions Code, the facility
shall transmit a report, which shall be confidential, to the person
in charge of the jail or juvenile detention facility or judge of the
court who caused the prisoner to be taken to the facility and to the
local mental health director or his or her designee, concerning the
condition of the prisoner. A new report shall be transmitted at the
end of each period of confinement provided for in those articles,
upon conversion to voluntary status, and upon filing of temporary
letters of conservatorship.
A prisoner who has been transferred to an inpatient facility
pursuant to this section may convert to voluntary inpatient status
without obtaining the consent of the court, the person in charge of
the jail or juvenile detention facilty, or the local mental health
director. At the beginning of that conversion to voluntary status,
the person in charge of the facility shall transmit a report to the
person in charge of the jail or juvenile detention facility or judge
of the court who caused the prisoner to be taken to the facility,
counsel for the prisoner, prosecuting attorney, and local mental
health director or his or her designee.
If the prisoner is detained in, or remanded to, a facility
pursuant to those articles of the Welfare and Institutions Code, the
time passed in the facility shall count as part of the prisoner's
sentence. When the prisoner is detained in, or remanded to, the
facility, the person in charge of the jail or juvenile detention
facility shall advise the professional person in charge of the
facility of the expiration date of the prisoner's sentence. If the
prisoner is to be released from the facility before the expiration
date, the professional person in charge shall notify the local mental
health director or his or her designee, counsel for the prisoner,
the prosecuting attorney, and the person in charge of the jail or
juvenile detention facility, who shall send for, take, and receive
the prisoner back into the jail or juvenile detention facility.
A defendant, either charged with or convicted of a criminal
offense, or a minor alleged to be within the jurisdiction of the
juvenile court, may be concurrently subject to the
Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of
Division 5 of the Welfare and Institutions Code).
If a prisoner is detained in a facility pursuant to those articles
of the Welfare and Institutions Code and if the person in charge of
the facility determines that arraignment or trial would be
detrimental to the well-being of the prisoner, the time spent in the
facility shall not be computed in any statutory time requirements for
arraignment or trial in any pending criminal or juvenile
proceedings. Otherwise, this section shall not affect any statutory
time requirements for arraignment or trial in any pending criminal or
juvenile proceedings.
For purposes of this section, the term "juvenile detention
facility" includes any state, county, or private home or institution
in which wards or dependent children of the juvenile court or persons
awaiting a hearing before the juvenile court are detained.
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 hospitalization or in need of medical or
hospital care was arrested for, charged with, or convicted of an
offense constituting a misdemeanor, the court in proceedings under
Section 4011 or the sheriff or jailer in action taken under Section
4011.5 may direct that the guard be removed from the prisoner while
he is in the hospital. If such direction is given, any such prisoner
who knowingly escapes or attempts to escape from such hospital shall
upon conviction thereof be guilty of a misdemeanor and punishable by
imprisonment for not to exceed one year in the county jail if such
escape or attempt to escape was not by force or violence. However, if
such escape is by force or violence such prisoner shall be guilty of
a felony and punishable by imprisonment in the state prison, or in
the county jail for not exceeding one year; provided, that when such
second term of imprisonment is to be served in the county jail it
shall commence from the time such prisoner would otherwise be
discharged from such jail.
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 services in accordance with Section 5003 of
the Welfare and Institutions Code. If such services require absence
from the jail premises, consent from the person in charge of the jail
or from any judge of a court in the county in which the jail is
located, and from the director of the county mental health program in
which services are to be rendered, shall be obtained. The local
mental health director or his designee may examine the prisoner prior
to the transfer from the jail.
Where the court approves voluntary treatment for a jail inmate for
whom criminal proceedings are pending, the court shall forthwith
notify counsel for the prisoner and the prosecuting attorney about
such approval. Where the person in charge of the jail approves
voluntary treatment for a prisoner for whom criminal proceedings are
pending, the person in charge of the jail shall immediately notify
each court within the county where the prisoner has a pending
proceeding about such approval; upon notification by the jailer the
court shall forthwith notify the prosecuting attorney and counsel for
the prisoner in the criminal proceedings about such transfer.
If the prisoner voluntarily obtains treatment in a facility or is
placed on outpatient treatment pursuant to Section 5003 of the
Welfare and Institutions Code, the time passed therein shall count as
part of the prisoner's sentence. When the prisoner is permitted
absence from the jail for voluntary treatment, the person in charge
of the jail shall advise the professional person in charge of the
facility of the expiration date of the prisoner's sentence. If the
prisoner is to be released from the facility before such expiration
date, the professional person in charge shall notify the local mental
health director or his designee, counsel for the prisoner, the
prosecuting attorney, and the person in charge of the jail, who shall
send for, take, and receive the prisoner back into the jail.
A denial of an application for voluntary mental health services
shall be reviewable only by mandamus.
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 hospitalization or in need of medical or
hospital care was arrested for, charged with, or convicted of an
offense constituting a felony, the court in proceedings under Section
4011 or the sheriff or jailer in action taken under Section 4011. 5
may direct that the guard be removed from the prisoner while he is in
the hospital, if it reasonably appears that the prisoner is
physically unable to effectuate an escape or the prisoner does not
constitute a danger to life or property.
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 detention facilities with an incentive to
not engage in practices designed to avoid payment of legitimate
emergency health care costs for the treatment or examination of
persons lawfully in their custody, and to promptly pay those costs as
requested by the provider of services. Further, it is the intent of
the Legislature to encourage county sheriffs, chiefs of police, and
directors or administrators of local detention facilities to bargain
in good faith when negotiating a service contract with hospitals
providing emergency health care services.
(b) Notwithstanding any other provision of law, a county sheriff,
police chief or other public agency that contracts for emergency
health services, may contract with providers of emergency health care
services for care to local law enforcement patients. Hospitals that
do not contract with the county sheriff, police chief, or other
public agency that contracts for emergency health care services shall
provide emergency health care services to local law enforcement
patients at a rate equal to 110 percent of the hospital's actual
costs according to the most recent Hospital Annual Financial Data
report issued by the Office of Statewide Health Planning and
Development, as calculated using a cost-to-charge ratio.
(c) A county sheriff or police chief shall not request the release
of an inmate from custody for the purpose of allowing the inmate to
seek medical care at a hospital, and then immediately rearrest the
same individual upon discharge from the hospital, unless the hospital
determines this action would enable it to bill and collect from a
third-party payment source.
(d) The California Hospital Association, the University of
California, the California State Sheriffs' Association and the
California Police Chiefs' Association shall, immediately upon
enactment of this section, convene the Inmate Health Care and Medical
Provider Fair Pricing Working Group. The working group shall consist
of at least six members from the California Hospital Association and
the University of California, and six members from the California
State Sheriffs' Association and the California Police Chiefs'
Association. Each organization should give great weight and
consideration to appointing members of the working group with diverse
geographic and demographic interests. The working group shall meet
as needed to identify and resolve industry issues that create fiscal
barriers to timely and affordable emergency inmate health care. In
addition, the working group shall address issues including, but not
limited to, inmates being admitted for care and later rearrested and
any other fiscal barriers to hospitals being able to enter into fair
market contracts with public agencies. To the extent that the rate
provisions of this statute result in a disproportionate share of
local law enforcement patients being treated at any one hospital or
system of hospitals, the working group shall address this issue. No
reimbursement is required under this provision.
(e) Nothing in this section shall require or encourage a hospital
or public agency to replace any existing arrangements that any city
police chief, county sheriff, or other public agency that contracts
for emergency health services for care to local law enforcement
patients.
(f) An entity that provides ambulance or any other emergency or
nonemergency response service to a sheriff or police chief, and that
does not contract with their departments for that service, shall be
reimbursed for the service at the rate established by Medicare.
Neither the sheriff nor the police chief shall reimburse a provider
of any of these services that their department has not contracted
with at a rate that exceeds the provider's reasonable and allowable
costs, regardless of whether the provider is located within or
outside of California.
(g) For the purposes of this section, "reasonable and allowable
costs" shall be defined in accordance with Part 413 of Title 42 of
the Code of Federal Regulations and federal Centers for Medicare and
Medicaid Services Publication Numbers 15.1 and 15.2.
(h) For purposes of this section, in those counties in which the
sheriff does not administer a jail facility, a director or
administrator of a local department of corrections established
pursuant to Section 23013 of the Government Code is the person who
may contract for services provided to jail inmates in the facilities
he or she administers in those counties.
(i) This section is repealed as of January 1, 2014.
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 prisoners, the county judge may, by a
written appointment, designate a safe and convenient place in the
county, or the jail in a contiguous county, as the place of their
confinement. The appointment must be filed in the office of the clerk
of the court, and authorize the sheriff to remove the prisoners to
the place or jail designated, and there confine them until they can
be safely returned to the jail from which they were taken.
4013. (a) A sheriff or jailer upon whom a paper in a judicial
proceeding, directed to a prisoner in his or her custody, is served,
shall forthwith deliver it to the prisoner, with a note thereon of
the time of its service. For a neglect to do so, he or she is liable
to the prisoner for all damages occasioned thereby.
(b) Service directed to a person who is incarcerated within any
institution in this state may be served by any person who may
lawfully serve process.
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 protection of the county jail, or for the
safekeeping of prisoners, the expenses of which are a county charge.
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, clothing, and bedding, for those
prisoners, which shall be of a quality and quantity at least equal to
the minimum standards and requirements prescribed by the Board of
Corrections for the feeding, clothing, and care of prisoners in all
county, city and other local jails and detention facilities. Except
as provided in Section 4016, the expenses thereof shall be paid out
of the county treasury.
(b) Nothing in this section shall be construed in a manner that
would require the sheriff to receive a person who is in need of
immediate medical care until the person has been transported to a
hospital or medical facility so that his or her medical needs can be
addressed prior to booking into county jail.
(c) Nothing in this section shall be construed or interpreted in a
manner that would impose upon a city or its law enforcement agency
any obligation to pay the cost of medical services rendered to any
individual in need of immediate medical care who has been arrested by
city law enforcement personnel and transported to a hospital or
medical facility prior to being delivered to and received at the
county jail or other detention facility for booking.
(d) It is the intent of the Legislature in enacting the act adding
this subdivision to ensure that the costs associated with providing
medical care to an arrested person are borne by the arrested person's
private medical insurance or any other source of medical cost
coverage for which the arrested person is eligible.
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 to receive such person, unless
security is given on the part of the party at whose instance the
process is issued, by a deposit of money, to meet the expenses for
him of necessary food, clothing, and bedding, or to detain such
person any longer than these expenses are provided for. This section
does not apply to cases where a party is committed as a punishment
for disobedience to the mandates, process, writs, or orders of court.
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, a person sentenced or referred to the
state prison, or a parolee and from parole revocation proceedings
when the detention meets any of the following conditions:
(a) The detention relates to a violation of the conditions of
parole or the rules and regulations of the Secretary of the
Department of Corrections and Rehabilitation and does not relate to a
new criminal charge.
(b) The detention is pursuant to (1) an order of the Board of
Parole Hearings under the authority granted by Section 3060, or (2)
an order of the Governor under the authority granted by Section 3062
or (3) an exercise of a state parole or correctional officer's peace
officer powers as specified in Section 830.5.
(c) Security services and facilities are provided for hearings
which are conducted by the Board of Parole Hearings to revoke parole.
(d) The detention results from a new commitment, or a referral
pursuant to Section 1203.03, once the abstract of judgment has been
completed, the department's intake control unit has been notified by
the county that the prisoner is ready to be transported pursuant to
Section 1216, and the department is unable to accept delivery of the
prisoner. The reimbursement shall be provided for each day starting
on the day following the fifth working day after the date of
notification by the county, if the prisoner remains ready to be
delivered and the department is unable to receive the prisoner. If a
county delivers or attempts to deliver a person to the department
without the prior notification required by this paragraph, the date
of the delivery or attempted delivery shall be recognized as the
notification date pursuant to this paragraph. The notification and
verification required by the county for prisoners ready to be
transported, and reimbursement provided to the county for prisoners
that the department is unable to receive, shall be made pursuant to
procedures established by the department.
A city or county shall be reimbursed by the department from funds
appropriated in Item 5240-101-0001 of the Budget Act of 1998 for
costs incurred pursuant to subdivisions (a), (b), and (c) and from
funds appropriated in Item 5240-001-0001 of that act for costs
incurred pursuant to subdivision (d).
The reimbursement required by this section shall be expended for
maintenance, upkeep, and improvement of jail conditions, facilities,
and services. Before the county is reimbursed by the department, the
total amount of all charges against that county authorized by law for
services rendered by the department shall be first deducted from the
gross amount of reimbursement authorized by this section. The net
reimbursement shall be calculated and paid monthly by the department.
The department shall withhold all or part of the net reimbursement
to a county whose jail facility or facilities do not conform to
minimum standards for local detention facilities as authorized by
Section 6030 only if the county is failing to make reasonable efforts
to correct differences, with consideration given to the resources
available for those purposes.
"Costs incurred resulting from the detention," as used in this
section, shall include the same cost factors as are utilized by the
Department of Corrections and Rehabilitation in determining the cost
of prisoner care in state correctional facilities.
(e) No city, county, or other jurisdiction may file, and the state
may not reimburse, a claim pursuant to this section that is
presented to the Department of Corrections and Rehabilitation or to
any other agency or department of the state more than six months
after the close of the month in which the costs were incurred.
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 proceeding and all persons confined
in the county jail, industrial farm, road camp, or city jail as a
condition of probation after suspension of imposition of a sentence
or suspension of execution of sentence may be required by an order of
the board of supervisors or city council to perform labor on the
public works or ways in the county or city, respectively, and to
engage in the prevention and suppression of forest, brush and grass
fires upon lands within the county or city, respectively, or upon
lands in adjacent counties where the suppression of fires would
afford fire protection to lands within the county.
Whenever any such person so in custody shall suffer injuries or
death while working in the prevention or suppression of forest, brush
or grass fires he shall be considered to be an employee of the
county or city, respectively, for the purposes of compensation under
the provisions of the Labor Code regarding workmen's compensation and
such work shall be performed under the direct supervision of a
local, state or federal employee whose duties include fire prevention
and suppression work. A regularly employed member of an organized
fire department shall not be required to directly supervise more than
20 such persons so in custody.
As used in this section, "labor on the public works" includes
clerical and menial labor in the county jail, industrial farm, camps
maintained for the labor of such persons upon the ways in the county,
or city jail.
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 order of the board of supervisors
or city council to perform work, and any person while performing
community service in lieu of a fine or custody or who is assigned to
work furlough, may not be employed to perform any function that
provides access to personal information of private individuals,
including, but not limited to, the following: addresses; telephone
numbers; health insurance, taxpayer, school, or employee
identification numbers; mothers' maiden names; demand deposit
account, debit card, credit card, savings account, or checking
account numbers, PINs, or passwords; social security numbers; places
of employment; dates of birth; state- or government-issued driver's
license or identification numbers; alien registration numbers;
government passport numbers; unique biometric data, such as
fingerprints, facial scan identifiers, voice prints, retina or iris
images, or other similar identifiers; unique electronic
identification numbers; address or routing codes; and
telecommunication identifying information or access devices.
(2) Notwithstanding paragraph (1), persons assigned to work
furlough programs may be permitted to work in situations that allow
them to retain or look at a driver's license or credit card for no
longer than the period of time needed to complete an immediate
transaction. However, no person assigned to work furlough shall be
placed in any position that may require the deposit of a credit card
or driver's license as insurance or surety.
(b) Any person confined in a county jail, industrial farm, road
camp, or city jail who has access to any personal information shall
disclose that he or she is confined before taking any personal
information from anyone.
(c) This section shall not apply to inmates in employment programs
or public service facilities where incidental contact with personal
information may occur.
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 criminal action or proceeding, all
of the provisions of law authorizing, requiring, or otherwise
relating to, the performance of labor or work by persons sentenced to
such facilities for like periods of time under a judgment of
imprisonment, or a fine and imprisonment until the fine is paid or as
a condition of probation after suspension of imposition of a
sentence or suspension of execution of sentence, in a criminal action
or proceeding, shall apply.
Nothing in this section shall be construed to authorize the
confinement of any prisoner contrary to the provisions of Section
4001.
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 of such a distinctive character for
said prisoners as such board, in its discretion, may deem proper.
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 drug-related offenses with information about
behavior that places a person at high risk for contracting the human
immunodeficiency virus (HIV), and about the prevention of the
transmission of acquired immune deficiency syndrome (AIDS). Each
county sheriff or the chief county probation officer shall provide
all inmates who have been sentenced for drug-related offenses, who
are within one month of release, or who have been placed on
probation, with information about behavior that places a person at
high risk for contracting HIV, about the prevention of the
transmission of AIDS, and about agencies and facilities that provide
testing, counseling, medical, and support services for AIDS victims.
Information about AIDS prevention shall be solicited by each county
sheriff or chief county probation officer from the State Department
of Health Services, the county health officer, or local agencies
providing services to persons with AIDS. The Director of Health
Services, or his or her designee, shall approve protocols pertaining
to the information to be disseminated under this section.
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 training and rehabilitation
of prisoners confined in the county jail, or any county industrial
farm or county or joint county road camp. The sheriff or other
official in charge of county correctional facilities may, subject to
such approval, enter into an agreement with the governing board of
any school district maintaining secondary schools, for the
maintenance, by the district, for such prisoners, of adult education
classes conducted pursuant to the Education Code.
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, or other detention facility
for family emergencies or for purposes preparatory to his return to
the community, if the sheriff concludes that such inmate is a fit
subject therefor. Any such temporary removal shall not be for a
period of more than three days. When an inmate is released for
purposes preparatory to his return to the community, the sheriff may
require the inmate to reimburse the county, in whole or in part, for
expenses incurred by the county in connection therewith.
4019. (a) The provisions of this section shall apply 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 any city jail, industrial farm, or
road camp, including all days of custody from the date of arrest to
the date on which the serving of the sentence commences, under a
judgment of imprisonment, or a fine and imprisonment until the fine
is paid in a criminal action or proceeding.
(2) When a prisoner is confined in or committed to the county
jail, industrial farm, or road camp or any city jail, industrial
farm, or road camp as a condition of probation after suspension of
imposition of a sentence or suspension of execution of sentence, in a
criminal action or proceeding.
(3) When a prisoner is confined in or committed to the county
jail, industrial farm, or road camp or any city jail, industrial
farm, or road camp for a definite period of time for contempt
pursuant to a proceeding, other than a criminal action or proceeding.
(4) When a prisoner is confined in a county jail, industrial farm,
or road camp, or a city jail, industrial farm, or road camp
following arrest and prior to the imposition of sentence for a felony
conviction.
(b) Subject to the provisions of subdivision (d), for each six-day
period in which a prisoner is confined in or committed to a facility
as specified in this section, one day shall be deducted from his or
her period of confinement unless it appears by the record that the
prisoner has refused to satisfactorily perform labor as assigned by
the sheriff, chief of police, or superintendent of an industrial farm
or road camp.
(c) For each six-day period in which a prisoner is confined in or
committed to a facility as specified in this section, one day shall
be deducted from his or her period of confinement unless it appears
by the record that the prisoner has not satisfactorily complied with
the reasonable rules and regulations established by the sheriff,
chief of police, or superintendent of an industrial farm or road
camp.
(d) Nothing in this section shall be construed to require the
sheriff, chief of police, or superintendent of an industrial farm or
road camp to assign labor to a prisoner if it appears from the record
that the prisoner has refused to satisfactorily perform labor as
assigned or that the prisoner has not satisfactorily complied with
the reasonable rules and regulations of the sheriff, chief of police,
or superintendent of any industrial farm or road camp.
(e) No deduction may be made under this section unless the person
is committed for a period of six days or longer.
(f) It is the intent of the Legislature that if all days are
earned under this section, a term of six days will be deemed to have
been served for every four days spent in actual custody.
(g) The changes in this section as enacted by the act that added
this subdivision shall apply to prisoners who are confined to a
county jail, city jail, industrial farm, or road camp for a crime
committed on or after the effective date of that act.
4019.3. The board of supervisors may provide that each prisoner
confined in or committed to a county jail shall be credited with a
sum not to exceed two dollars ($2) for each eight hours of work done
by him in such county jail.
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 any fellow prisoner in any prison,
jail, jail camp, or other place of detention.
(b) "Sanitary committee" means a committee of prisoners formed
ostensibly for the purpose of enforcing institutional sanitation but
actually used for the purpose of inflicting punishment on any fellow
prisoner, or group of prisoners in any prison, jail, jail camp, or
other place of detention.
(c) It is unlawful for any sheriff, deputy sheriff, police
officer, warden or keeper of a jail to delegate to any prisoner or
group of prisoners, authority to exercise the right of punishment
over any other prisoner or group of prisoners in any county or city
prison, jail, jail camp, or other place of detention at which any
person charged with or convicted of crime is detained.
(d) It is unlawful for any sheriff, deputy sheriff, police
officer, warden or keeper of a jail to knowingly permit any prisoner
or group of prisoners to assume authority over any other prisoner or
group of prisoners by the operation of "kangaroo courts" or "sanitary
committees."
(e) Every public official in charge of a prison, jail or other
place of detention shall keep a record of all disciplinary
infractions and punishment administered therefor.
(f) This section shall not prevent the use of skilled inmates,
under adequate and proper supervision and guidance of jailers or
other employed personnel, as instructors of other inmates in the
performance of assigned work, if that relationship does not include
the exercise of disciplinary authority.
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, or causes to be presented to the
sheriff, or other officer having charge of any county jail or prison
in any county or city, in this State, a certificate, or order, in
writing, to the effect that it is by them, or him, considered
necessary for the purpose of protecting the public health, or to
prevent the introduction or spreading of disease, or to protect or
improve the health of criminals under sentence, that the hair of any
criminal or criminals be cut, such sheriff, or other officer, must
cut, or cause to be cut, the hair of any such person or persons in
his charge convicted of a misdemeanor and sentenced to a longer term
of imprisonment than 15 days, to a uniform length of one and one-half
inches from the scalp of such person or persons so imprisoned.
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 appoint the female deputy sheriff
in charge of female prisoners.
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 reasonable times to the
immediate presence of all female prisoners in the county jail to
which she is assigned, including the right of personal visitation and
conversation with them, and in all cases of searching the persons of
female prisoners in such jail, the female deputy sheriff shall make
such search;
(b) The female deputy sheriff or other suitable woman shall by
example, advice, and admonition employ her best abilities to secure
and promote the health, welfare, and reformation of all such
prisoners.
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 deputy sheriff thereof, or other
suitable woman having the care of female prisoners, free access at
all reasonable times to the immediate presence of all female
prisoners therein, including the right of visitation and conversation
with them, or in such jail allow the searching of the person of a
female prisoner to be made except by the female deputy sheriff of
such jail or other suitable woman, or obstruct the performance by the
female deputy sheriff, or other suitable woman, of her official
duties.
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 custodial person assigned, available,
and accessible for the supervision of the female prisoners.
(b) It shall be unlawful for any officer, station officer, jailer,
or custodial personnel to search the person of any prisoner of the
opposite sex, or to enter into the room or cell occupied by any
prisoner of the opposite sex, except in the company of an employee of
the same sex as the prisoner. Except as provided herein, the
provisions of this subdivision shall not be applied to discriminate
against any employee by prohibiting appointment or work assignment on
the basis of the sex of the employee.
As used in this subdivision "station officer" means an unarmed
civilian employee who assists a peace officer in the processing of
persons who have been arrested and who performs duties including, but
not limited to, booking and fingerprinting and maintaining custody
and control of persons who have been arrested.
As used in this subdivision, "employee" means a deputy sheriff,
correctional officer, custodial officer, medical staff person or
designated civilian employee whose duties may include, but are not
limited to, maintaining custody and control of persons who have been
arrested or sentenced, or both.
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 be construed to authorize any
prisoner convicted of a misdemeanor to be confined, with the consent
of the city, in any city jail in the judicial district in which the
offense was committed, and as to such prisoner so confined in such
city jail, the designations, county jail and city jail shall be
interchangeable, and in such case the obligations to which the county
is liable in case of confinement in a county jail, shall become
liabilities of the city where such prisoner is confined in a city
jail.
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 practicing physician for the care and
treatment of all persons confined therein. Such daily average shall
be determined by the number of persons confined in such jails during
the last fiscal year. For county jails, such physician shall be
designated by the sheriff. The salary of such physician shall be
fixed by the supervisors of the county and shall be paid out of the
same fund of the county as other claims against the county for
salaries are paid. For city jails, such physician shall be designated
and his salary fixed by the council of the city and shall be paid
out of the general fund of such city. Any prisoner may decline such
care or treatment and provide other care or treatment for himself at
his own expense.