SheriffDuties
Section § 26600
The law says that the sheriff is responsible for keeping the peace. To do this, the sheriff can support, oversee, or get involved in activities related to crime prevention, helping former offenders rehabilitate, and reducing delinquency.
Section § 26601
This law requires the sheriff to arrest anyone who tries to commit or has committed a crime and bring them to the nearest judge for a hearing.
Section § 26602
This law states that the sheriff is responsible for stopping fights, disturbances, riots, and rebellions, and for looking into crimes that have happened. The sheriff also has the authority to carry out orders from the local health officer to help prevent the spread of contagious diseases.
Section § 26604
This law allows a sheriff to ask for help from county residents whenever needed to perform their job duties.
Section § 26605
This law states that, generally, the sheriff is responsible for managing the county jail and prisoners unless a special exception is in place. Exceptions include counties where the sheriff didn’t have this role as of July 1, 1993, or where county rules assign the duty to someone else, such as work furlough facilities run by a different administrator. This includes overseeing prisoners who violate the terms of their post-release community supervision.
Section § 26605.1
This law states that deputy sheriffs in California cannot be forced to take on the role of a custodial officer or any other officer against their will.
Section § 26605.5
This law allows the sheriff to release a physically incapacitated prisoner from jail to a medical or care facility after consulting with an independent doctor. The doctor must confirm the prisoner is so ill they can't harm others and won't get better in a way that they could pose a threat. The sheriff must ensure care needs would be better met outside jail. They must inform the local court judge before making the transfer, including details about the prisoner's condition, charges, and sentencing.
This law cannot be used to avoid jail for someone unless they need immediate medical help or are terminally ill.
Section § 26605.6
The law allows the sheriff to release a seriously ill prisoner from county jail if they are not considered a public safety risk and have a life expectancy of six months or less, as diagnosed by a physician. The sheriff must notify a judge before releasing the prisoner, providing details like the prisoner's offense, sentence, medical condition, prognosis, and future address.
Before release, the county needs to arrange for the prisoner's living and healthcare plans, ensuring they have access to Medicaid or other healthcare. The county must also manage costs related to the prisoner's healthcare for the period they would have been incarcerated. This release does not mean a prisoner can't be accepted into jail if they still need care.
Participation in this program is voluntary for counties and must align with federal Medicaid rules to avoid financial penalties. The State Department of Health Care Services can decide on health care plan exemptions for released prisoners and must inform the Legislature about regulation updates.
Section § 26605.7
This law allows certain prisoners in county jails to be placed on medical probation instead of serving jail time if they meet specific medical criteria. Specifically, it applies to prisoners who are physically incapacitated and need continuous care or require long-term inpatient rehabilitation. The sheriff and a supervising physician can request this change, and the court can approve it.
Before being released to medical probation, a suitable community placement and healthcare coverage must be arranged. The prisoner's eligibility for Medicaid or other medical assistance is also assessed. During probation, the probationer can be reexamined medically, and if their condition improves, they might be returned to jail.
Counties are responsible for covering certain medical costs during the probation period, and the law includes provisions for Medi-Cal eligible and ineligible individuals. It emphasizes that there should be no increase in state costs and that federal Medi-Cal funding shouldn't be compromised.
Additionally, the Department of Health Care Services has flexibility in implementing and regulating these provisions, including exemption from managed care enrollment for eligible individuals when necessary.
Section § 26605.8
This law requires county boards of supervisors to create a plan for paying the nonfederal part of Medi-Cal expenses for prisoners who are not incarcerated but on medical probation. Before starting related procedures, they need to inform the State Department of Health Care Services about their funding plan in writing.
Section § 26607
This law requires that when a sheriff receives any legal documents or notices, they must record the exact date and time of receipt. Additionally, they must give a certificate to the person who delivered the document, which includes the names of the parties involved, what type of document or notice it is, and the time it was received.
Section § 26608
The sheriff is responsible for delivering all legal documents and notices, following the specific legal procedures outlined by law.
Section § 26608.1
If someone asks the sheriff to provide a certificate about military service status under the Soldiers and Sailors Relief Act of 1940 when serving a legal notice, the sheriff must ask the person being served for the necessary information. After gathering the info, the sheriff either provides the requested certificate or a document stating the facts found.
Section § 26608.2
If a county or city owns land in a different county, it can ask the local sheriff to deputize its officers or employees as deputy sheriffs. This allows them to perform policing tasks only on that specific piece of land. The sheriff has the authority to appoint these deputies.
Section § 26608.3
This law allows Shasta County's board of supervisors to decide whether to shift responsibility for delivering legal documents, like writs and notices, from the sheriff to the marshal of the Shasta County Superior Court. If they choose to make this change, the marshal will handle all these duties, and the sheriff will no longer be responsible or liable for this work as outlined in other laws. However, the law doesn't stop private individuals or professional process servers from delivering legal documents, nor does it prevent sheriffs or other officers from serving arrest warrants or court-directed orders.
Section § 26609
This law states that sheriffs must document how and when they serve legal documents or notices. If they do not succeed in serving them, they must explain why and return the documents quickly.
Section § 26610
This law states that if a county sheriff operates a jail located in a different county, they have the same authority over it as if it were in their own county. This includes control over the property, staff, and inmates.
Section § 26611
This law states that the sheriff attending the court performs the role of the crier. The sheriff calls out the names of parties, witnesses, and anyone required to be present. Additionally, the sheriff announces the court's opening and closing and any other matters the court instructs.
Section § 26612
This law states that the sheriff in a county can provide ambulance service to a person if certain urgent conditions are met. These conditions include that the person is critically ill or injured and needs immediate hospitalization to save life or limb. They cannot arrange ambulance transport themselves, and no friends or family are available to help. Additionally, there is no other immediate transportation or county service available to assist them.
Section § 26613
This law allows the board of supervisors in very large counties (over 3 million people) to let the sheriff handle traffic laws on county highways in unincorporated areas. The costs for this are paid by the county. Each month, the sheriff must send copies of all accident reports to the California Highway Patrol by the fifth day.
Section § 26614
This law allows a county's board of supervisors to let the sheriff conduct search and rescue operations for people in danger within the county. The costs for these operations are covered by the county. These activities must align with guidelines from the Office of Emergency Services' Search and Rescue Model Operating Plan. Counties are encouraged to adopt and regularly review their search and rescue plans, ensuring they consider updates to the model plan. If a county deviates from the model guidelines, it must explain why their local plan offers better protection. Importantly, this law does not give sheriffs or other agencies more search and rescue powers than they already have.
Section § 26614.5
If a sheriff conducts a search or rescue and the cost exceeds $100, the place where the person lives must pay for the expenses over that amount to the county or city that performed the search or rescue within 30 days. The county that did the searching or rescuing will cover the first $100 of the expenses.
Section § 26614.6
This law states that if a county or city in California has to conduct a search or rescue for one of its residents aged 16 or older, and that search is billed by another county or city, they can try to get back the actual costs from the resident. This applies only if the search was necessary because the resident intentionally broke a law and got a conviction. The county or city can't charge someone who can't afford it and can't charge more than $12,000 (adjusted for inflation) unless the act led to a felony conviction. They also need to have a local law passed to do this.
Section § 26614.7
This law states that if a person aged 16 or older needs to be rescued in their county, and it’s due to them intentionally breaking the law—leading to a criminal conviction—they must pay for the search and rescue costs. This includes expenses like operating vehicles and salaries of rescuers, and they must pay within 30 days of being billed. However, the county won’t charge individuals who can’t afford to pay.
The maximum billable amount to a resident is $12,000, adjusted for inflation, unless their actions result in a felony conviction. To enforce these charges, the county must have a specific ordinance in place.
Section § 26615
This law requires the sheriff to keep a directory of specially trained search and rescue dogs or dog teams. This directory must include details about where they are located and their prior experience with search and rescue missions.
Section § 26616
If a private investigator or adjuster wants to know if someone they want to hire has a criminal record, they can ask the sheriff for a report. This report will just say whether the person has been convicted of certain crimes, like a felony or crimes involving poor moral choices or illegal weapon possession. The sheriff can charge a fee for the report.
To get this information, the employer must provide detailed information about the potential employee, including their full name, address, and other personal details, along with three recent photos and fingerprint sets. The potential employee must also consent to this background check.