The sheriff shall take charge of, safely keep, and keep a correct account of, all money and valuables found on each prisoner when delivered at the county jail. Except when otherwise ordered by a court of competent jurisdiction, the sheriff shall pay such money or sums therefrom and deliver such valuables or portions thereof as the prisoner directs and shall pay and deliver all the remainder of his money and valuables to the prisoner or to his order upon his release from the jail or to his legal representative in case of his death or legal incapacity to make decisions.
SheriffPrisoners’ Property
Section § 26640
The sheriff is responsible for taking care of all money and valuables found on a prisoner when they are brought to the county jail. The sheriff keeps a detailed account of these items. Unless a court decides differently, the sheriff must give the prisoner whatever money or valuables they ask for while in jail. When the prisoner is released, the sheriff must return all remaining money and valuables to the prisoner, their designated representative, or their legal representative if they have passed away or are unable to make decisions.
sheriff responsibilities prisoner property management county jail procedures
Section § 26641
This law states that if a prisoner is transferred to a state hospital, state prison, or placed in the custody of an officer from another jurisdiction, their money and valuables must be sent along to the new location or entrusted to the officer in charge. The intention is to ensure the prisoner’s belongings remain accessible to them or are properly managed during the transfer.
When any prisoner is removed to a state hospital or to a state prison or is released to the custody of an officer of another jurisdiction, his money and valuables or the remainder shall be transmitted to the hospital or prison or entrusted to the officer for the prisoner’s account.
prisoner transfer state hospital state prison
Section § 26642
This law says that if an inmate's money or valuables are left unclaimed after they leave jail, die, or cannot be contacted, the sheriff must put those funds into the county's general fund. It must be done if the items are not claimed one year after the inmate's release, five years after their death, or 120 days after trying to notify their last known address or next of kin.
The sheriff shall pay into the general fund for the use and benefit of the county any money of a prisoner or the proceeds of the sale of his or her valuables remaining unclaimed for a period of one year after his or her release, or five years after his or her death, or 120 days after a notice has been sent to his or her last known address or, in the event of his or her death, one year after a notice has been sent to his or her last known next of kin.
unclaimed prisoner money prisoner valuables sheriff responsibility
Section § 26643
If a prisoner dies or becomes unable to make decisions, the sheriff must try hard to inform the prisoner's friends or family and provide details about the prisoner's financial account.
When any prisoner dies or loses the legal capacity to make decisions, the sheriff shall make diligent effort to communicate the fact to friends or relatives of the prisoner, together with information on the state of the prisoner’s account.
prisoner death incapacity to make decisions sheriff responsibility
Section § 26644
This law states that a county auditor has the right to review and verify the money and valuables and any related accounts belonging to a prisoner.
Any money and valuables of a prisoner and the accounts are subject to audit by the county auditor.
prisoner money prisoner valuables county auditor
Section § 26645
If the sheriff doesn't follow the rules in this article, they can be held financially responsible through their official bond.
For failure to comply with this article, the sheriff is liable on his official bond.
sheriff liability official bond financial responsibility
Section § 26646
This law allows the sheriff, with the county auditor's approval, to set up bank accounts for handling money received for bail and fines. These funds can be deposited and transferred to the appropriate courts. All transactions must be accurately tracked using procedures the auditor finds necessary.
The sheriff, with the approval of the county auditor, may establish bank accounts in which money received by the sheriff for bail and fines may be deposited and disbursed to the courts of proper jurisdiction. All moneys received and disbursed through such bank accounts shall be properly and uniformly accounted for under such procedures as the auditor may deem necessary.
sheriff bank accounts bail money handling fine deposits
