"u.s.a"california penal code

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SUSPENSION OF EXECUTION OF DEATH PENALTY: INSANITY:
PREGNANCY


3700. No judge, court, or officer, other than the Governor, can
suspend the execution of a judgment of death, except the warden of
the State prison to whom he is delivered for execution, as provided
in the six succeeding sections, unless an appeal is taken.




3700.5. Whenever a court makes and causes to be entered an order
appointing a day upon which a judgment of death shall be executed
upon a defendant, the warden of the state prison to whom such
defendant has been delivered for execution or, if the defendant is a
female, the warden of the Central California Women's Facility, shall
notify the Director of Corrections who shall thereupon select and
appoint three alienists, all of whom must be from the medical staffs
of the Department of Corrections, to examine the defendant, under the
judgment of death, and investigate his or her sanity. It is the duty
of the alienists so selected and appointed to examine such defendant
and investigate his or her sanity, and to report their opinions and
conclusions thereon, in writing, to the Governor, to the warden of
the prison at which the execution is to take place, or, if the
defendant is female, the warden of the Central California Women's
Facility, at least 20 days prior to the day appointed for the
execution of the judgment of death upon the defendant. The warden
shall furnish a copy of the report to counsel for the defendant upon
his or her request.



3701. If, after his delivery to the warden for execution, there is
good reason to believe that a defendant, under judgment of death, has
become insane, the warden must call such fact to the attention of
the district attorney of the county in which the prison is situated,
whose duty it is to immediately file in the superior court of such
county a petition, stating the conviction and judgment, and the fact
that the defendant is believed to be insane, and asking that the
question of his sanity be inquired into. Thereupon the court must at
once cause to be summoned and impaneled, from the regular jury list
of the county, a jury of 12 persons to hear such inquiry.



3702. The district attorney must attend the hearing, and may
produce witnesses before the jury, for which purpose he may issue
process in the same manner as for witnesses to attend before the
grand jury, and disobedience thereto may be punished in like manner
as disobedience to process issued by the court.



3703. The verdict of the jury must be entered upon the minutes, and
thereupon the court must make and cause to be entered an order
reciting the fact of such inquiry and the result thereof, and when it
is found that the defendant is insane, the order must direct that he
be taken to a medical facility of the Department of Corrections, and
there kept in safe confinement until his reason is restored.




3704. If it is found that the defendant is sane, the warden must
proceed to execute the judgment as specified in the warrant; if it is
found that the defendant is insane, the warden must suspend the
execution and transmit a certified copy of the order mentioned in the
last section to the Governor, and deliver the defendant, together
with a certified copy of such order, to the superintendent of the
medical facility named in such order. When the defendant recovers
his sanity, the superintendent of such medical facility must certify
that fact to the judge of the superior court from which the defendant
was committed as insane, who must thereupon fix a date upon which,
after 10 days' written notice to the defendant and the district
attorney of the county from which the defendant was originally
sentenced and the district attorney of the county from which he was
committed to the medical facility, a hearing shall be had before said
judge sitting without a jury to determine whether or not the
defendant has in fact recovered his sanity. If the defendant appears
without counsel, the court shall appoint counsel to represent him at
said hearing. If the judge should determine that the defendant has
recovered his sanity he must certify that fact to the Governor, who
must thereupon issue to the warden his warrant appointing a day for
the execution of the judgment, and the warden shall thereupon return
the defendant to the state prison pending the execution of the
judgment. If, however, the judge should determine that the defendant
has not recovered his sanity he shall direct the return of the
defendant to a medical facility of the Department of Corrections, to
be there kept in safe confinement until his sanity is restored.



3704.5. Any defendant who, on March 4, 1972, is in a state hospital
under court order pursuant to Section 3703, as that section read on
March 3, 1972, shall be transferred to a medical facility of the
Department of Corrections, designated by the Director of Corrections,
and there kept in safe confinement until his or her reason is
restored. Section 3704 shall apply when the defendant recovers his
or her sanity.



3705. If there is good reason to believe that a female against whom
a judgment of death is rendered is pregnant, such proceedings must
be had as are provided in Section 3701, except that instead of a
jury, as therein provided, the court may summon three disinterested
physicians, of good standing in their profession, to inquire into the
supposed pregnancy, who shall, in the presence of the court, but
with closed doors, if requested by the defendant, examine the
defendant and hear any evidence that may be produced, and make a
written finding and certificate of their conclusion, to be approved
by the court and spread upon the minutes. The provisions of Section
3702 apply to the proceedings upon such inquiry.



3706. If it is found that the female is not pregnant, the warden
must execute the judgment; if it is found that she is pregnant the
warden must suspend the execution of the judgment, and transmit a
certified copy of the finding and certificate to the Governor. When
the Governor receives from the warden a certificate that the
defendant is no longer pregnant, he must issue to the warden this
warrant appointing a day for the execution of the judgment.

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COUNTY JAILS, FARMS AND CAMPS
COUNTY JAILS


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 ***ually
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 ***ually 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. The Legislature has set a
date of January 1, 2009, for this section to be repealed, and does
not intend to delete or extend that date if county sheriffs, chiefs
of police, and directors or administrators have not complied with the
intent of the Legislature, as expressed in this subdivision.
(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
at least three times annually 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, 2009.



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.



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 ***, or to enter into the room or cell occupied by any
prisoner of the opposite ***, except in the company of an employee of
the same *** 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 *** 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.
In the event a prisoner elects to decline treatment by the county
or city jail physician and to provide medical treatment at his own
expense, the sheriff or chief of police may have him removed from the
county or city jail to a privately owned and operated medical
facility or hospital located in the county approved by a judge of the
superior court for such treatment. The prisoner shall be liable for
the costs incurred by the county or city in providing the necessary
custody and security of the prisoner only to the extent that such
costs exceed the costs which would have been incurred by the county
or city in providing such custody and security if it had provided
treatment for him. The prisoner shall at all times remain in the
location specified by the court and at no time be permitted to be
housed or detained at any facility other than that designated.



4023.5. (a) Any female confined in any local detention facility
shall upon her request be allowed to continued to use materials
necessary for (1) personal hygiene with regard to her menstrual
cycle and reproductive system and (2) birth control measures as
prescribed by her physician.
(b) Each and every female confined in any local detention facility
shall be furnished by the county with information and education
regarding the availability of family planning services.
(c) Family planning services shall be offered to each and every
woman inmate at least 60 days prior to a scheduled release date.
Upon request any woman inmate shall be furnished by the county with
the services of a licensed physician or she shall be furnished by the
county or by any other agency which contracts with the county with
services necessary to meet her family planning needs at the time of
her release.
(d) For the purposes of this section, "local detention facility"
means any city, county, or regional facility used for the confinement
of any female prisoner for more than 24 hours.



4023.6. Any female prisoner in any local detention facility shall
have the right to summon and receive the services of any physician
and surgeon of her choice in order to determine whether she is
pregnant. The superintendent of such facility may adopt reasonable
rules and regulations with regard to the conduct of examinations to
effectuate such determination.
If the prisoner is found to be pregnant, she is entitled to a
determination of the extent of the medical services needed by her and
to the receipt of such services from the physician and surgeon of
her choice. Any expenses occasioned by the services of a physician
and surgeon whose services are not provided by the facility shall be
borne by the prisoner.
For the purposes of this section, "local detention facility" means
any city, county, or regional facility used for the confinement of
any female prisoner for more than 24 hours.
Any physician providing services pursuant to this section shall
possess a current, valid, and unrevoked certificate to engage in the
practice of medicine issued pursuant to Chapter 5 (commencing with
Section 2000) of Division 2 of the Business and Professions Code.
The rights provided for prisoners by this section shall be posted
in at least one conspicuous place to which all female prisoners have
access.


4024. 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 in the best interests of the prisoner.



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 general authorization for a
period of 30 days to release inmates pursuant to the provisions of
this section.
(b) Whenever, after being authorized by a court pursuant to
subdivision (a), the actual inmate count exceeds the actual bed
capacity of a county or city jail, the sheriff, chief of police, or
other person responsible for such county or city jail may accelerate
the release, discharge, or expiration of sentence date of sentenced
inmates up to a maximum of five days.
(c) The total number of inmates released pursuant to this section
shall not exceed a number necessary to balance the inmate count and
actual bed capacity.
(d) Inmates closest to their normal release, discharge, or
expiration of sentence date shall be given accelerated release
priority.
(e) The number of days that release, discharge, or expiration of
sentence is accelerated shall in no case exceed 10 percent of the
particular inmate's original sentence, prior to the application
thereto of any other credits or benefits authorized by law.




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 facilities to offer a voluntary program under
which any person committed to the facility may participate in a work
release program pursuant to criteria described in subdivision (b), in
which one day of participation will be in lieu of one day of
confinement.
(b) The criteria for a work release program are the following:
(1) The work release program shall consist of any of the
following:
(A) Manual labor to improve or maintain levees or public
facilities, including, but not limited to, streets, parks, and
schools.
(B) Manual labor in support of nonprofit organizations, as
approved by the sheriff or other official in charge of the
correctional facilities. As a condition of assigning participants of
a work release program to perform manual labor in support of
nonprofit organizations pursuant to this section, the board of
supervisors shall obtain workers' compensation insurance which shall
be adequate to cover work-related injuries incurred by those
participants, in accordance with Section 3363.5 of the Labor Code.
(C) Performance of graffiti cleanup for local governmental
entities, including participation in a graffiti abatement program as
defined in subdivision (f) of Section 594, as approved by the sheriff
or other official in charge of the correctional facilities.
(D) Performance of weed and rubbish abatement on public and
private property pursuant to Chapter 13 (commencing with Section
39501) of Division 3 of Title 4 of the Government Code, or Part 5
(commencing with Section 14875) or Part 6 (commencing with Section
14930) of Division 12 of the Health and Safety Code, as approved by
the sheriff or other official in charge of the correctional
facilities.
(E) Performance of house repairs or yard services for senior
citizens and the performance of repairs to senior centers through
contact with local senior service organizations, as approved by the
sheriff or other official in charge of the correctional facilities.
Where a work release participant has been assigned to this task, the
sheriff or other official shall agree upon in advance with the senior
service organization about the type of services to be rendered by
the participant and the extent of contact permitted between the
recipients of these services and the participant.
(F) Any person who is not able to perform manual labor as
specified in this paragraph because of a medical condition, physical
disability, or age, may participate in a work release program
involving any other type of public sector work that is designated and
approved by the sheriff or other official in charge of county
correctional facilities.
(2) The sheriff or other official may permit a prisoner
participating in a work release program to receive work release
credit for participation in education, vocational training, or
substance abuse programs in lieu of performing labor in a work
release program on an hour-for-hour basis. However, credit for that
participation may not exceed one-half of the hours established for
the work release program, and the remaining hours shall consist of
manual labor described in paragraph (1).
(3) The work release program shall be under the direction of a
responsible person appointed by the sheriff or other official in
charge.
(4) The hours of labor to be performed pursuant to this section
shall be uniform for all persons committed to a facility in a county
and may be determined by the sheriff or other official in charge of
county correctional facilities, and each day shall be a minimum of 8
and a maximum of 10 hours, in accordance with the normal working
hours of county employees assigned to supervise the programs.
However, reasonable accommodation may be made for participation in a
program under paragraph (2).
As used in this section, "nonprofit organizations" means
organizations established or operated for the benefit of the public
or in support of a significant public interest, as set forth in
Section 501(c)(3) of the Internal Revenue Code. Organizations
established or operated for the primary purpose of benefiting their
own memberships are specifically excluded.
(c) The board of supervisors may prescribe reasonable rules and
regulations under which a work release program is operated and may
provide that participants wear clothing of a distinctive character
while performing the work. As a condition of participating in a work
release program, a person shall give his or her promise to appear
for work or assigned activity by signing a notice to appear before
the sheriff or at the education, vocational, or substance abuse
program at a time and place specified in the notice and shall sign an
agreement that the sheriff may immediately retake the person into
custody to serve the balance of his or her sentence if the person
fails to appear for the program at the time and place agreed to, does
not perform the work or activity assigned, or for any other reason
is no longer a fit subject for release under this section. A copy of
the notice shall be delivered to the person and a copy shall be
retained by the sheriff. Any person who willfully violates his or
her written promise to appear at the time and place specified in the
notice is guilty of a misdemeanor.
Whenever a peace officer has reasonable cause to believe the
person has failed to appear at the time and place specified in the
notice or fails to appear or work at the time and place agreed to or
has failed to perform the work assigned, the peace officer may,
without a warrant, retake the person into custody, or the court may
issue an arrest warrant for the retaking of the person into custody,
to complete the remainder of the original sentence. A peace officer
may not retake a person into custody under this subdivision, without
a warrant for arrest, unless the officer has a written order to do
so, signed by the sheriff or other person in charge of the program,
that describes with particularity the person to be retaken.
(d) Nothing in this section shall be construed to require the
sheriff or other official in charge to assign a person to a program
pursuant to this section if it appears from the record that the
person has refused to satisfactorily perform as assigned or has not
satisfactorily complied with the reasonable rules and regulations
governing the assignment or any other order of the court.
A person shall be eligible for work release under this section
only if the sheriff or other official in charge concludes that the
person is a fit subject therefor.
(e) The board of supervisors may prescribe a program
administrative fee, not to exceed the pro rata cost of
administration, to be paid by each person according to his or her
ability to pay.



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 correctional system's mandated capacity may
authorize the sheriff or other official in charge of county
correctional facilities to operate a program under which any person
committed to the facility is required to participate in a work
release program pursuant to criteria described in subdivision (b) of
Section 4024.2. Participants in this work release program shall
receive any sentence reduction credits that they would have received
had they served their sentences in a county correctional facility.
Priority for participation in the work release program shall be given
to inmates who volunteer to participate in the program.
(b) For purposes of this section, all of the following definitions
apply:
(1) "County correctional system's mandated capacity" means the
total capacity of all jails and other correctional facilities for the
permanent housing of adult inmates within the county.
(2) "Mandated capacity" of any facility is the capacity for that
facility as established by court order or the facility's rated
capacity as established by the Board of Corrections, whichever is
less.
(3) "Average daily jail population" is the average total number of
inmates incarcerated within the county jail system computed on an
annual basis.
(c) (1) The board of supervisors may prescribe reasonable rules
and regulations under which a work release program authorized under
this section is operated and may provide that participants wear
clothing of a distinctive character while performing the work. A
person shall be advised by written notice to appear before the
sheriff or at the educational, vocational, or substance abuse program
at a time and place specified in the notice and shall sign an
acknowledgement that the sheriff may immediately retake the person
into custody to serve the balance of his or her sentence if the
person fails to appear for the program at the time and place
designated in the notice, does not perform the work or activity
assigned, or for any other reason is no longer a fit subject for
release under this section. A copy of the notice and acknowledgement
shall be delivered to the person and a copy shall be retained by the
sheriff.
(2) Any person who willfully fails to appear at the time and place
specified in the notice is guilty of a misdemeanor.
(3) Whenever a peace officer has reasonable cause to believe the
person has failed to appear at the time and place specified in the
notice or fails to appear or work at the time and place agreed to or
has failed to perform the work assigned, the peace officer may,
without a warrant, retake the person into custody, or the court may
issue an arrest warrant for the retaking of the person into custody,
to complete the remainder of the original sentence. A peace officer
may not retake a person into custody under this subdivision, without
a warrant for arrest, unless the officer has a written order to do
so, signed by the sheriff or other person in charge of the work
release program, that describes with particularity the person to be
retaken.
(d) Nothing in this section shall be construed to require the
sheriff or other official in charge to assign a person to a work
release program pursuant to this section if it appears from the
record that the person has refused to perform satisfactorily as
assigned or has not satisfactorily complied with the reasonable rules
and regulations governing the assignment or any other order of the
court.
(e) A person shall be eligible for work release under this section
only if the sheriff or other official in charge concludes that the
person is a fit subject therefor.
(f) The board of supervisors may prescribe a program
administrative fee, not to exceed the pro rata cost of
administration, to be paid by each person according to his or her
ability to pay.


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 concurrence of the chief of police
before implementation, may establish a notification procedure to
provide notice of the release of any person incarcerated at, or
arrested and released on bail from, a local detention facility under
its jurisdiction to victims of crime who have requested to be so
notified. A county or city and two or more counties or cities
jointly may contract with a private entity to implement this
procedure.
(b) Notwithstanding any other law, the sheriff, chief of police,
or other official in charge of a local detention facility shall make
available to any private entity under contract pursuant to
subdivision (a) all information necessary to implement the
notification procedure in a timely manner. The private entity under
contract shall be responsible for retrieving the information and
notifying the requester through computer or telephonic means and, if
unable to notify the person requesting the information by these
means, shall send written notification by mail.
(c) The sheriff, chief of police, or other official in charge of a
local detention facility shall work cooperatively with law
enforcement agencies within the county or city and local victim
centers established under Section 13835 to implement the program.
(d) As used in this section, "local detention facility" means a
facility specified in subdivision (a) or (b) of Section 6031.4.
(e) Notwithstanding any other provision of law, no public or
private officer, employee, or entity may be held liable for any
action or duty undertaken pursuant to this section.



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, tobacco and tobacco users'
supplies, postage and writing materials, and toilet articles and
supplies and sell these goods, articles, and supplies for cash to
inmates in the jail.
(b) The sale prices of the articles offered for sale at the store
shall be fixed by the sheriff. Any profit shall be deposited in an
inmate welfare fund to be kept in the treasury of the county.
(c) There shall also be deposited in the inmate welfare fund 10
percent of all gross sales of inmate hobbycraft.
(d) There shall be deposited in the inmate welfare fund any money,
refund, rebate, or commission received from a telephone company or
pay telephone provider when the money, refund, rebate, or commission
is attributable to the use of pay telephones which are primarily used
by inmates while incarcerated.
(e) The money and property deposited in the inmate welfare fund
shall be expended by the sheriff primarily for the benefit,
education, and welfare of the inmates confined within the jail. Any
funds that are not needed for the welfare of the inmates may be
expended for the maintenance of county jail facilities. Maintenance
of county jail facilities may include, but is not limited to, the
salary and benefits of personnel used in the programs to benefit the
inmates, including, but not limited to, education, drug and alcohol
treatment, welfare, library, accounting, and other programs deemed
appropriate by the sheriff. Inmate welfare funds shall not be used to
pay required county expenses of confining inmates in a local
detention system, such as meals, clothing, housing, or medical
services or expenses, except that inmate welfare funds may be used to
augment those required county expenses as determined by the sheriff
to be in the best interests of inmates. An itemized report of these
expenditures shall be submitted annually to the board of supervisors.

(f) The operation of a store within any other county adult
detention facility which is not under the jurisdiction of the sheriff
shall be governed by the provisions of this section, except that the
board of supervisors shall designate the proper county official to
exercise the duties otherwise allocated in this section to the
sheriff.
(g) The operation of a store within any city adult detention
facility shall be governed by the provisions of this section, except
that city officials shall assume the respective duties otherwise
outlined in this section for county officials.
(h) The treasurer may, pursuant to Article 1 (commencing with
Section 53600), or Article 2 (commencing with Section 53630) of
Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code,
deposit, invest, or reinvest any part of the inmate welfare fund, in
excess of that which the treasurer deems necessary for immediate use.
The interest or increment accruing on these funds shall be deposited
in the inmate welfare fund.
(i) The sheriff may expend money from the inmate welfare fund to
provide indigent inmates, prior to release from the county jail or
any other adult detention facility under the jurisdiction of the
sheriff, with essential clothing and transportation expenses within
the county or, at the discretion of the sheriff, transportation to
the inmate's county of residence, if the county is within the state
or within 500 miles from the county of incarceration. This
subdivision does not authorize expenditure of money from the inmate
welfare fund for the transfer of any inmate to the custody of any
other law enforcement official or jurisdiction.



4025.5. (a) There is hereby created a pilot program in the Counties
of Alameda, Los Angeles, Orange, Sacramento, San Francisco, San
Diego, Santa Barbara, and Stanislaus. In each county, the sheriff may
expend money from the inmate welfare fund to provide indigent
inmates, after release from the county jail or any other adult
detention facility under the jurisdiction of the sheriff, assistance
with the reentry process within 14 days after the inmate's release.
The assistance provided may include, but is not limited to, work
placement, counseling, obtaining proper identification, education,
and housing.
(b) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.



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 materials purchased by the prisoners with
their own funds or funds borrowed from the inmate welfare fund, which
articles may be sold to the public at the county or city jails, in
public buildings, at fairs, or on property operated by nonprofit
associations. County- or city-owned property shall not be sold or
given to prisoners for use under this section, except as expressly
permitted by this section. The sheriff or other officer in charge
shall comply with subdivision (c) of Section 4025 and provide that
the balance of the sale price of the articles be deposited to the
account of the prisoner manufacturing the article after repaying the
inmate welfare fund any amount borrowed.



4027. It is the intention of the Legislature that all prisoners
confined in local detention facilities shall be afforded reasonable
opportunities to exercise religious freedom.
As used in this section "local detention facility" means any city,
county, or regional facility used for the confinement of prisoners
for more than 24 hours.



4028. No condition or restriction upon the obtaining of an abortion
by a female detained in any local detention facility, pursuant to
the Therapeutic Abortion Act (Article 2 (commencing with Section
123400) of Chapter 2 of Part 2 of Division 106 of the Health and
Safety Code), other than those contained in that act, shall be
imposed. Females found to be pregnant and desiring abortions shall
be permitted to determine their eligibility for an abortion pursuant
to law, and if determined to be eligible, shall be permitted to
obtain an abortion.
For the purposes of this section, "local detention facility" means
any city, county, or regional facility used for the confinement of
any female person for more than 24 hours.
The rights provided for females by this section shall be posted in
at least one conspicuous place to which all female prisoners have
access.


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 jail, any facility, including but not
limited to any room or cell, vocational training facility, recreation
area, rest area, dining room, store, or facility for the exercise of
religious freedom, is provided for use by any prisoner for any
purpose, a separate facility of equal quality, or separate use of the
same facility, or joint use of the same facility where appropriate,
shall be provided for prisoners of the opposite *** for such purpose.

(b) Whenever within any county adult detention facility or part of
any county detention facility used for the confinement of adults,
not including any city jail, any program, service or privilege,
including but not limited to any general or vocational education,
physical education or recreation, work furlough program,
psychological counseling, work within the institution, visiting
privileges, or medical treatment, is provided for any prisoner, such
a program, service or privilege of equal quality shall be provided
for prisoners of the opposite ***, except when the proportion of
prisoners of one *** is so small that the cost of providing any
program, service or privilege described in this subdivision, other
than medical treatment or health maintenance, for such prisoners
would not be justified in relation to the reduction in the level of
any other program, service or privilege that would result from the
diversion of funds for such purpose.
(c) Nothing in this section shall require the establishment of any
facility for the use of, or the making available of any program,
service or privilege to, any prisoner. Nothing in this section shall
require any facility, program, service or privilege established or
available prior or subsequent to January 1, 1975, to be made
available to any particular male or female prisoner or number of such
prisoners, except that any type of facility, program, service or
privilege which is made accessible or available to all male or female
prisoners in any class defined by subdivisions 1, 2, and 3 of
Section 4001 shall be made accessible or available to all prisoners
of the opposite *** in such class as provided in subdivisions (a) and
(b), and any criterion other than the *** of the prisoner which is
used for the selection of a particular prisoner or group of prisoners
to have, or to have access to, any facility, program, service or
privilege shall be equally applied to the selection of all prisoners,
regardless of ***.
(d) Every county shall comply with subdivisions (a), (b), and (c)
by January 1, 1979. Such compliance shall not be required unless the
Legislature provides funds to assist in the accomplishment of such
compliance. Every county shall report to the Legislature by January
1, 1976, as to whether such compliance can be accomplished, and
stating the reasons why it cannot be accomplished if that be the
case.
(e) Whenever within any county adult detention facility or part of
any county detention facility used for the confinement of adults,
not including any city jail, an inpatient psychiatric facility
designated by the county mental health director to treat patients
under Division 5 (commencing with Section 5000) and Division 6
(commencing with Section 6000) of the Welfare and Institutions Code,
is provided for prisoners of one *** who may not depart from the
detention facility for treatment elsewhere, and where the proportion
of prisoners of the opposite *** requiring the same type of treatment
is so small that the cost of providing a separate program of equal
quality would not be justified in relation to the reduction in the
level of another program, service, or privilege that would result
from the diversion of funds for such purpose, the above designated
mental health treatment program may treat prisoners of both ***es if
each of the following conditions is met:
(1) The program is one that would be considered suitable for the
treatment of patients of both ***es if it were located in a
psychiatric treatment facility devoted to evaluation and treatment
under Division 5 (commencing with Section 5000) and Division 6
(commencing with Section 6000) of the Welfare and Institutions Code
for patients who are not prisoners.
(2) A female deputy sheriff or other suitable woman assigned to
jail duty is assigned to the treatment program in accordance with
Sections 4020.4, 4020.7, 4020.8, and 4021 of this code.
Notwithstanding the provisions of Section 4020.4 of this code, in a
county of any size, the sheriff may designate a female member of the
mental health treatment staff for this assignment.



4030. (a) The Legislature finds and declares that law enforcement
policies and practices for conducting strip or body cavity searches
of detained persons vary widely throughout California. Consequently,
some people have been arbitrarily subjected to unnecessary strip and
body cavity searches after arrests for minor misdemeanor and
infraction offenses. Some present search practices violate state and
federal constitutional rights to privacy and freedom from
unreasonable searches and seizures.
It is the intent of the Legislature in enacting this section to
protect the state and federal constitutional rights of the people of
California by establishing a statewide policy strictly limiting strip
and body cavity searches.
(b) The provisions of this section shall apply only to
prearraignment detainees arrested for infraction or misdemeanor
offenses and to any minor detained prior to a detention hearing on
the grounds that he or she is a person described in Section 300, 601,
or 602 of the Welfare and Institutions Code alleged to have
committed a misdemeanor or infraction offense. The provisions of
this section shall not apply to any person in the custody of the
Director of the Department of Corrections or the Director of the
Youth Authority.
(c) As used in this section, "strip search" means a search which
requires a person to remove or arrange some or all of his or her
clothing so as to permit a visual inspection of the underclothing,
breasts, buttocks, or genitalia of such person.
(d) As used in this section:
(1) "Body cavity" only means the stomach or rectal cavity of a
person, and vagina of a female person.
(2) "Visual body cavity search" means visual inspection of a body
cavity.
(3) "Physical body cavity search" means physical intrusion into a
body cavity for the purpose of discovering any object concealed in
the body cavity.
(e) Notwithstanding any other provision of law, including Section
40304.5 of the Vehicle Code, when a person is arrested and taken into
custody, that person may be subjected to patdown searches, metal
detector searches, and thorough clothing searches in order to
discover and retrieve concealed weapons and contraband substances
prior to being placed in a booking cell.
(f) No person arrested and held in custody on a misdemeanor or
infraction offense, except those involving weapons, controlled
substances or violence nor any minor detained prior to a detention
hearing on the grounds that he or she is a person described in
Section 300, 601 or 602 of the Welfare and Institutions Code, except
for those minors alleged to have committed felonies or offenses
involving weapons, controlled substances or violence, shall be
subjected to a strip search or visual body cavity search prior to
placement in the general jail population, unless a peace officer has
determined there is reasonable suspicion based on specific and
articulable facts to believe such person is concealing a weapon or
contraband, and a strip search will result in the discovery of the
weapon or contraband. No strip search or visual body cavity search
or both may be conducted without the prior written authorization of
the supervising officer on duty. The authorization shall include the
specific and articulable facts and circumstances upon which the
reasonable suspicion determination was made by the supervisor.
(g) (1) Except pursuant to the provisions of paragraph (2), no
person arrested and held in custody on a misdemeanor or infraction
offense not involving weapons, controlled substances or violence,
shall be confined in the general jail population unless all of the
following are true:
(i) The person is not cited and released.
(ii) The person is not released on his or her own recognizance
pursuant to Article 9 (commencing with Section 1318) of Chapter 1 of
Title 10 of Part 2.
(iii) The person is not able to post bail within a reasonable time
not less than three hours.
(2) No person may be housed in the general jail population prior
to release pursuant to the provisions of paragraph (1) unless a
documented emergency exists and there is no reasonable alternative to
such placement. Such person shall be placed in the general
population only upon prior written authorization documenting the
specific facts and circumstances of the emergency. The written
authorization shall be signed by the uniformed supervisor of the
facility or by a uniformed watch commander. Any person confined in
the general jail population pursuant to paragraph (1) shall retain
all rights to release on citation, his or her own recognizance, or
bail which were preempted as a consequence of the emergency.
(h) No person arrested on a misdemeanor or infraction offense, nor
any minor described in subdivision (b), shall be subjected to a
physical body cavity search except under the authority of a search
warrant issued by a magistrate specifically authorizing the physical
body cavity search.
(i) A copy of the prior written authorization required by
subdivisions (f) and (g) and the search warrant required by
subdivision (h) shall be placed in the agency's records and made
available, on request, to the person searched or his or her
authorized representative. With regard to any strip, visual or body
search, the time, date and place of the search, the name and *** of
the person conducting the search and a statement of the results of
the search, including a list of any items removed from the person
searched, shall be recorded in the agency's records and made
available, upon request, to the person searched or his or her
authorized representative.
(j) Persons conducting a strip search or a visual body cavity
search shall not touch the breasts, buttocks, or genitalia of the
person being searched.
(k) A physical body cavity search shall be conducted under
sanitary conditions, and only by a physician, nurse practitioner,
registered nurse, licensed vocational nurse or emergency medical
technician Level II licensed to practice in this state. Any
physician engaged in providing health care to detainees and inmates
of the facility may conduct physical body cavity searches.
(l) All persons conducting or otherwise present during a strip
search or visual or physical body cavity search shall be of the same
*** as the person being searched, except for physicians or licensed
medical personnel.
(m) All strip, visual and physical body cavity searches shall be
conducted in an area of privacy so that the search cannot be observed
by persons not participating in the search. Persons are considered
to be participating in the search if their official duties relative
to search procedure require them to be present at the time the search
is conducted.
(n) A person who knowingly and willfully authorizes or conducts a
strip, visual or physical body cavity search in violation of this
section is guilty of a misdemeanor.
(o) Nothing in this section shall be construed as limiting any
common law or statutory rights of any person regarding any action for
damages or injunctive relief, or as precluding the prosecution under
another provision of law of any peace officer or other person who
has violated this section.
(p) Any person who suffers damage or harm as a result of a
violation of this section may bring a civil action to recover actual
damages, or one thousand dollars ($1,000), whichever is greater. In
addition, the court may, in its discretion, award punitive damages,
equitable relief as it deems necessary and proper, and costs,
including reasonable attorney's fees.
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JOINT COUNTY JAILS

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 reasonably implied therefrom and necessary
and proper to carry out the objects and purposes of this chapter.




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 under the provisions of
this chapter to be composed of two or more counties by the adoption
of a resolution reciting the following:
(1) That it will be beneficial to the public interest to create a
joint district for the establishment or operation, or both, of a
joint county jail to which persons from any of the counties proposed
to be included in the proposed district may be committed.
(2) The names of the counties proposed to be included in the
proposed district which will be benefited by the formation thereof.
(3) That it is proposed to create a joint district for the
establishment or operation, or both, of a joint county jail under the
provisions of this chapter for the counties so named.




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 of the counties named in the resolution
other than that in which the proceedings are initiated.
Upon the adoption of the resolution provided for in Section 4053,
the board of supervisors of the county adopting the same shall name
and appoint two members of the board to represent the county upon the
board of directors of the joint district proposed to be organized.



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 consider the advisability of creating and
organizing a joint district as proposed in said resolution and, upon
determining the facts involved therein, shall severally adopt
resolutions either rejecting or approving the proposal to create such
joint district. Each resolution of approval shall, in addition to
the matters otherwise required therein, also name and appoint the
members of the board of supervisors of the county adopting the
resolution qualified to represent such county upon the board of
directors of the proposed joint district. A certified copy of the
resolution of approval shall be forthwith transmitted to the clerk of
the board of supervisors initiating the proceedings.



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 resolution approving the proposal to
form such district as provided in Section 4055 from the board of
supervisors of each county proposed to be included within any such
joint district, adopt a resolution declaring the creation and
organization of said joint district and setting forth the names of
the counties composing said district. A certified copy of the
resolution shall be transmitted to and filed with the Secretary of
State, whereupon the joint district shall be deemed created and
organized and shall exercise all the powers granted in this chapter
and shall bear the name and designation of "Joint County Jail
District No. _____ of the State of California."



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 organization thereof by the Secretary of
State, and the Secretary of State shall keep and maintain in his
office a list and register showing the joint county jail districts
organized under this chapter.



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 of any district under this chapter a
certificate of the organization of the same. Upon receipt of the
certificate the clerk shall within 10 days send a certified copy of
the certificate to each of the clerks of the several boards of
supervisors of the counties constituting the district, and shall also
within the time specified in this section notify each supervisor
appointed as a member of the board of directors of the district of
such fact and of the time and place of the first meeting of the board
of directors of the district. The time and place of the meeting
shall be fixed and determined by the clerk of the board adopting the
initial resolution, but said time of meeting shall be within 30 days
after the date of mailing notices thereof. The necessary expense
incurred by supervisors in attending and in going to and coming from
any meeting of the board of directors of the district shall
constitute a county charge of their respective counties.




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 enterprise provided for in this chapter
and apportioning the cost of establishing and maintaining a joint
county jail.



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 law by the board of directors
of a district formed under this chapter, or, in its behalf by the
board of supervisors of any county in the district by an action
instituted and tried in any county in the district in which the same
may be filed.



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 therein, and must conform to such
standards for construction, feeding, clothing, bedding and
programming as are imposed pursuant to law on county jails.



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 board may designate to constitute a
cash revolving fund to carry on the work and expense of maintaining
such joint county jail. Each month a statement of the expense of the
joint county jail shall be sent to the board of supervisors of each
county in the district, together with a claim for its proportionate
share of expenses. Amounts when received shall be paid into the cash
revolving fund.


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 county alone.



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 to this chapter, and the person
appointed by the board of directors to superintend a joint county
jail has such powers and duties as has a sheriff, with respect to
county jails, under Chapter 1.



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
containing more than fifty percent (50%) of the population of the
entire district shall by a unanimous vote adopt a resolution stating
that the existence of a joint county jail is no longer desirable for
the public welfare and announcing the intention to withdraw therefrom
and to dissolve said district.
(b) The resolution or resolutions so adopted shall be communicated
to the clerks of the boards of supervisors of all the counties
comprising the district and also to the Secretary of State.
(c) If it appears that the resolution was unanimously adopted by
the board or boards of supervisors in the counties desiring to
withdraw, and that such county or counties contain more than fifty
percent (50%) of the entire population in the district, the Secretary
of State shall thereupon certify to the clerks of the boards of
supervisors of the counties composing the district that the district
is dissolved.
(d) Thereupon the board of directors of the district shall within
90 days:
(1) Abolish the joint county jail;
(2) Return all prisoners therein to the custody of the sheriffs of
their respective counties;
(3) Dispose of all equipment belonging to said joint county jail
and the district;
(4) Render an accounting to the clerks of the boards of
supervisors of the counties composing such district of all sums of
money received and paid out since their last previous accounting,
including the balance of revolving fund on hand at said last previous
accounting;
(5) Apportion and repay to said counties all sums of money then
remaining in their hands, and they shall thereupon be relieved of
further responsibility in said matter.
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COUNTY INDUSTRIAL FARMS AND ROAD CAMPS
County Industrial Farms


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 with or convicted of public
offenses and deprived of their liberty may become better citizens
because of their disciplinary experience.



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 do. The resolution shall state an
amount per person per day for which persons from incorporated cities
will be maintained on an industrial farm. Certified copies of the
resolution shall be forwarded by the clerk of the board of
supervisors to the clerks of all incorporated cities within the
county.


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 industrial farm shall adopt a resolution
setting forth the following matters:
1. The number of persons sentenced to imprisonment in the jail of
such city during the fiscal year last preceding the adoption of the
resolution of intention by the board of supervisors;
2. The total number of days for which all such persons were
imprisoned in the jail of the city during such fiscal year;
3. A declaration of the desire of the city adopting the resolution
to have the prisoners of the city cared for by the county on the
industrial farm or industrial road camp and of the agreement of the
city to pay the county quarterly for the care of the prisoners of the
city at the rate set forth in the resolution of intention.
A certified copy of the resolution provided for in this section
shall be forwarded to the clerk of the board of supervisors.



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 minutes the following facts:
(a) The number of persons sentenced to imprisonment in the county
jail during the fiscal year last preceding the adoption of the
resolution of intention.
(b) The total number of days for which all persons were imprisoned
in the county jail during that fiscal year.
(c) The number of persons sentenced from the superior court of the
county to any state prison upon conviction of a violation of Section
270 or Section 270a during that fiscal year.
(d) The total number of days for which all persons so sentenced to
state prisons were therein imprisoned during that fiscal year.



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 industrial road camp.



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 suitable for agriculture as may be
necessary for the purposes of the farm. Such land may be situate
within or without the county and may consist of separate parcels. If
the land is without the county no industrial farm may be established
thereon without the consent of the board of supervisors of the
county in which the land is located. The board of supervisors shall
erect on such land such buildings and structures and make such
improvements and institute such industries as are necessary or
convenient to carry out the purposes of this article.



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, machinery, or any other property
belonging to the county and in use on the county farm or elsewhere
may be used on an industrial farm.



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 administration thereof and the keeping of
the prisoners imprisoned thereon. As part of the compensation to be
agreed upon for such superintendent and other persons board and
lodging may be furnished.



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 furtherance of the purposes of this article,
which rules shall be enforced by the superintendent and those
subordinate to him.



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 may establish a separate industrial
farm for women prisoners. Nothing in the 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.



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 provisions of this article, except that
none but women prisoners shall be admitted to it. A woman assistant
to the superintendent of an industrial farm shall be in immediate
charge of any farm established for women prisoners only.



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 purposes of this article or arrangements have
been made for an industrial road camp or camps, the board of
supervisors shall adopt a resolution proclaiming that an industrial
farm or road camp has been established in the county and designating
a day on and after which persons will be admitted to such farm or
camp. Certified copies of the resolution shall be forwarded by the
clerk of the board of supervisors to each superior court judge in the
county.


4114. Each county which establishes an industrial farm or camp
shall provide a county classification committee, which shall function
as follows:
(1) The sheriff shall appoint the members of this committee, which
may include members of his staff and qualified citizens of the
county. If there is a county jail physician, he shall be an ex
officio member of this committee. All committee members shall serve
without remuneration.
(2) The committee shall meet at least once weekly for the purpose
of assigning each person who has been sentenced to the county jail to
the proper degree of custody and treatment within one of the
available adult detention facilities operated by the county. Any
person assigned to medical treatment may decline such treatment and
provide other care or treatment for himself at his own expense.
(3) Each county prisoner serving a jail sentence of over 30 days
shall appear before the committee during the first third of his
sentence.
(4) City prisoners who have been recommended to the committee by
the chief of police may be transferred to the county industrial farm
or camp at the option of the committee.



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 transferred to a farm or camp by the
county classification committee.


4115.5. The board of supervisors of a county where adequate
facilities are not available for prisoners who would otherwise be
confined in its county adult detention facilities may enter into an
agreement with the board or boards of supervisors of one or more
nearby counties whose county adult detention facilities are adequate
and are readily accessible from the first county, permitting
commitment of misdemeanants, and any persons required to serve a term
of imprisonment in county adult detention facilities as a condition
of probation, to a jail in a county having adequate facilities that
is a party to the agreement. Such agreement must make provision for
support of a person so committed or transferred by the county from
which he is committed. When such an agreement is in effect
commitments may be made by the court and support of any such person
shall be a charge upon the county from which he is committed.



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 commitments shall be made to the
sheriff for placement in such county adult detention facility as the
county classification committee may designate.



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 facility.



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 board of supervisors a certified
copy of a resolution stating that the city desires to have its
prisoners cared for on the industrial farm or camp and agrees to pay
therefor quarterly at a rate per prisoner per day, which rate shall
be set forth in the resolution.



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 the rate set forth in the city's
resolution specified in Section 4118. A certified copy of the
resolution provided for in this section shall be forwarded to the
clerk of the city named therein, who shall immediately notify the
chief of police of the city.
Thereafter, the chief of police of the city, or his
representative, shall meet regularly with the county classification
committee for the purpose of determining the eligibility of certain
city prisoners for transfer to a county industrial farm or camp. The
committee shall consider for transfer only those city prisoners who
have been selected and recommended for transfer by the chief of
police. In each case, the committee may transfer or reject such
prisoners as it sees fit.



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 to the place where he was convicted or
given a sum of money sufficient to pay his fare to such place.



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 revenue derived from such farm or
camp, including that received from any city for the care of its
prisoners on said farm, shall be paid into the county general fund.




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 transportation charges shall be borne by the
county and paid out of the general fund.




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 in such jail.



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 caring for one prisoner per day.
In calculating this average cost, the value of the farm products used
in other county institutions and in supplying the needs of paupers,
incompetents, poor and indigent persons and persons incapacitated by
age, disease or accident shall be deducted from the cost of
maintenance, and the cost of the original investment in establishing
an industrial farm shall not be included. The reasonable value of
services rendered by city prisoners to the extent that such services
inure to the benefit of the county shall be deducted from the average
cost of caring for city prisoners. Cities may, under terms and
conditions suitable to the board of supervisors, be assigned
prisoners for the purposes authorized by Section 36904 of the
Government Code. By mutual agreement between cities and the county,
the rate may be changed from time to time.




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 Section 4127, shall be credited with a
sum not to exceed two dollars ($2) for each day of eight hours work
done by him on such farm or camp. Every other person in custody on
an industrial farm or camp shall be credited with a sum not to exceed
one dollar ($1) for each day of eight hours work done by him on such
farm or camp.



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 labor by any person in
custody on any county industrial farm or industrial road camp or
confined in the county jail or branch thereof under a final judgment
of imprisonment rendered in a criminal action or proceeding or as a
condition of probation in the suppression of fires within and upon
the national forests, state parks, or other lands of the United
States or the State of California, or within and upon such other
lands, of whatever ownership, contiguous to, or adjacent to said
state or federal lands, the suppression of fires upon which other
lands affords fire protection to said state or federal lands. Such
payments as may be so contracted for and to be paid by the United
States or by the State of California for the work and labor so
performed by any person so in custody may, by order of the board of
supervisors, be credited in full or in part, and upon such terms and
conditions as the board shall determine, to any such person so in
custody and performing such work and labor, and all in addition to
those credits hereinbefore provided in Section 4125 of this code.
Whenever any such person so in custody shall perform the services
herein specified he shall be subject to workmen's compensation
benefits to the same extent as a county employee, and the board of
supervisors shall provide and cover any such person so in custody,
while performing such services, with accident, death and compensation
insurance as is otherwise regularly provided for employees of the
county.
The term "suppression of fires" as herein used shall include the
construction of firebreaks and other works of improvement for the
prevention and suppression of fire whether or not constructed in the
actual course of suppression of existing fires.



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 shall be as large as is
justified by the production on the farm or camp but shall not exceed
the sums mentioned in this article.
The superintendent of an industrial farm may by order cause an
amount less than the maximum per day to be credited to any person
because of lack of effort on the part of the person, the amount
credited to be in proportion to the effort.
The sum to the credit of each person employed upon an industrial
farm upon his discharge shall be paid him in addition to any
transportation charge otherwise paid under this article. Any person
may, by written order, direct the payment of any sums credited to him
under this article to any person dependent upon him or to whom he is
indebted.



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 under this article to any person or
persons dependent for support on the prisoner. At the time of
sentencing the court shall by making inquiry or taking evidence find
whether or not any person or persons are dependent upon the defendant
for support. A copy of the finding of the court shall be
transmitted to the county classification committee.



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 farm or camp.



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. Upon order of the board of
supervisors the county auditor shall draw a warrant in favor of the
superintendent of an industrial farm or camp and the county treasurer
shall cash it. Thereafter the superintendent shall receive from the
county general fund upon demands supported by receipts all sums paid
out by him under the provisions of this section and shall return all
sums so received to the revolving fund.
The provisions of Section 29323 of the Government Code are
applicable to a revolving fund established pursuant to this section.



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 maintain the prisoners and employees
on such farm; second, to supply other county institutions having need
of the same with the farm's products; third, to supply the needs of
paupers, incompetents, poor and indigent persons and those
incapacitated by age, disease or accident with whose relief and
support the county is charged.



4131. Subject to regulations adopted by the board of supervisors
the superintendent shall maintain discipline on an industrial farm.
Whenever the superintendent reports to the county classification
committee which assigned any prisoner to an industrial farm or camp
that the prisoner refuses to abide by the rules of the farm or camp
or refuses to work thereon, the committee may make an order
transferring the prisoner to the county jail or city jail for the
unexpired term of his sentence, and all sums credited to the prisoner
shall be forfeited by him unless they have been ordered paid to some
person dependent upon him. Thereafter the committee may reassign
the person to the industrial farm or industrial road camp upon
recommendation of the superintendent of the farm or camp.



4131.5. Every person confined in, sentenced to, or serving a
sentence in, a city or county jail, industrial farm, or industrial
road camp in this state, who commits a battery upon the person of any
individual who is not himself a person confined or sentenced
therein, is guilty of a public offense and is punishable by
imprisonment in a state prison, or in a county jail for not more than
one year.



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 person confined on any industrial
farm who escapes therefrom or attempts to escape therefrom shall upon
conviction thereof be imprisoned in a state prison, or in the county
jail or industrial farm for not to exceed one year. Any such
imprisonment shall begin at the expiration of the imprisonment in
effect at the time of the escape.



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 consist of not less than three nor more
than five persons, one member of which shall be a penologist and one
member a physician.


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 industrial road camp, and
report its recommendations and suggestions to the board of
supervisors. It may visit any jail within the county, examine the
records thereof, and ascertain whether or not there are any persons
illegally committed to or detained at any jail.
The advisory board shall encourage recreational and educational
activities on the industrial farm.



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 pursuant to this chapter.



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 the sheriff or any such
person responsible to the board for the care, treatment, and custody
of prisoners assigned to him as sentenced misdemeanants or felons,
serving time as a condition of probation, to remove such prisoners
from the facility to which they have been assigned under custody,
without court order, for purposes such as: private medical, vision,
or dental care, psychological care, vocational services, educational
services, and funerals.

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Joint County Road Camp Act


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 imprisonment rendered in a
criminal action or proceeding, to perform labor on the public works
or public highways in all or any of such counties, and to maintain
for that purpose one or more joint county road camps in which such
jail prisoners of any or all of said counties may work together.



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 reasonably implied therefrom and necessary
and proper to carry out the objects and purposes of this article.




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 camp or camps under the
provisions of this article to be composed of two or more counties
having a combined population of not less than 50,000 persons,
according to the official census next preceding the formation of such
district, by the adoption of a resolution reciting the following:
(1) That it will be beneficial to the public interest to create a
joint district wherein persons confined in any county jail within
such district under a final judgment of imprisonment rendered in a
criminal action or proceeding may be required to perform labor on the
public works or ways within said district, and that a joint county
road camp or camps be established and maintained for that purpose.
(2) The names of the counties proposed to be included in the
proposed district which will be benefited by the formation thereof.
(3) That it is proposed to create a joint district for the
establishment and maintenance of a joint county road camp under the
provisions of this article composed of the counties so named.



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 of the counties named in the resolution
other than that in which the proceedings are initiated.
Upon the adoption of the resolution provided for in Section 4203,
the board of supervisors of the county adopting the same shall name
and appoint a member of the board to represent the county upon the
board of directors of the joint district proposed to be organized.



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 consider the advisability of creating and
organizing a joint district as proposed in said resolution and, upon
determining the facts involved therein, shall severally adopt
resolutions either rejecting or approving the proposal to create such
joint district. Each resolution of approval shall, in addition to
the matter otherwise required therein, also name and appoint the
member of the board of supervisors of the county adopting the
resolution qualified to represent such county upon the board of
directors of the proposed joint district. A certified copy of the
resolution of approval shall be forthwith transmitted to the clerk of
the board of supervisors initiating the proceedings.



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 resolution approving the proposal to
form such district as provided in Section 4205 from the board of
supervisors of each county proposed to be included within any such
joint district, adopt a resolution declaring the creation and
organization of said joint district and setting forth the names of
the counties composing said district. A certified copy of the
resolution shall be transmitted to and filed with the Secretary of
State, whereupon the joint district shall be deemed created and
organized and shall exercise all the powers granted in this article
and shall bear the name and designation of "Joint County Road Camp
District No. ________ of the State of California."



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 organization thereof by the Secretary of
State, and the Secretary of State shall keep and maintain in his
office a list and register showing the joint county road camp
districts organized under this article.



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 of any district under this article a
certificate of the organization of the same. Upon receipt of the
certificate the clerk shall within 10 days send a certified copy of
the certificate to each of the clerks of the several boards of
supervisors of the counties constituting the district, and shall also
within the time specified in this section notify each supervisor
appointed as a member of the board of directors of the district of
such fact and of the time and place of the first meeting of the board
of directors of the district. The time and place of the meeting
shall be fixed and determined by the clerk of the board adopting the
initial resolution, but said time of meeting shall be within 30 days
after the date of mailing notices thereof. The necessary expense
incurred by supervisors in attending and in going to and coming from
any meeting of the board of directors of the district shall
constitute a county charge of their respective counties.




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 the joint enterprise provided for in
this article and apportioning the cost of establishing and
maintaining a road camp or camps, such cost to be apportioned on the
basis of the population of the respective counties as determined by
the official declaration of the State Legislature determining the
population of counties next preceding such apportionment.



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 law by the said board of
directors of a district formed under this article, or, in its behalf,
by the board of supervisors of any county in the district by an
action instituted and tried in any county in the district in which
the same may be first filed.



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 equipment to transport, feed, clothe,
shelter and lodge the prisoners who shall work therein and with the
necessary hand tools and appliances for their work, and may employ
one or more persons to supervise the camp and the work of the
prisoners.



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 board may designate to constitute a
cash revolving fund to carry on the work and expense of maintaining
such camp or camps. Each month a statement of the expense of the
camp shall be sent to the board of supervisors of each county in the
district, together with a claim for its proportionate share of
expenses. Amounts when received shall be paid into the cash
revolving fund.


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 action or proceeding, the county
parole commissioners of such county shall meet and determine whether
he should be paroled to work in the joint county road camps
established under this article. If it appears to the commissioners
that a prisoner is a fit subject for parole to a camp formed under
this article, they shall forthwith parole him with the requirement
that he perform labor in such joint county road camp wherever it may
then be situated, or may thereafter be moved to during his term of
imprisonment, and he shall forthwith be transferred by the sheriff of
the county in which he is confined to said road camp at the expense
of the county in which he was sentenced to imprisonment.



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 construction, improvement, or
maintenance of any portion of any state highway now existing, to be
constructed, or under construction within said district and may also
contract with any board of supervisors or with any supervisor of any
road district, within said district, for the employment of jail
prisoners on any county road or county public work within any county
or road district lying within any district created under this
article.


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 with the compensation of such
prisoners fixed by the board of directors as provided in this
article, and the expense of supervision and maintenance of the road
camp and the prisoners thereof, shall be paid for by the district and
the State Department of Public Works upon such terms and in such
proportions as may be agreed upon by the Department of Public Works
and the district.


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 maintenance of the highway upon
which the prisoners of the district labor.


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 this article.



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 maintenance, operation and
supervision, of said camp, and the compensation of the prisoners
thereof shall be paid for from any funds which may be available for
the construction or maintenance of such road, highway or other public
works on which said prisoners are employed, or from the county
general fund upon a four-fifths vote of the board of supervisors of
said county.


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. ________" (inserting the number assigned by the
Secretary of State), and shall become a portion of the revolving fund
provided for in this article.



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 such lesser sum as the board of
directors shall determine to be a sufficient working fund for the
purposes of this article, the board shall apportion such surplus to
be repaid to the counties forming the district, in the same
proportion in which they are required to contribute to the revolving
fund in the first instance, the payments to go into the county
general funds of such counties.


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 compensation, not to exceed seventy-five cents
($0.75) per day, for each prisoner performing labor in a camp.



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 discharge from a camp, he shall deliver to
the superintendent thereof all tools and appliances for which he is
charged and shall thereupon be entitled to full credit for the cost
of the tools and appliances so returned. The cost of any appliances
and tools not returned as provided in this section shall be deducted
from the compensation due the prisoner.



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. If any prisoner has dependents, his
compensation shall be paid to such dependents monthly as earned.



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 establish and maintain a county road
camp as provided in this article, and may provide a board of
directors thereof, by passing the resolution and receiving the
certificate of organization provided for in this article.



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 such directors shall have and
exercise all the powers and perform all the duties granted to and
imposed by this article upon boards of directors of joint county road
camp districts, and such county shall constitute, and be recognized
and dealt with in all respects as a joint county road camp district
within the meaning of this article.



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 counties
containing more than fifty percent (50%) of the population of the
entire district shall by a unanimous vote adopt a resolution stating
that the existence of a county road camp is no longer desirable for
the public welfare and announcing the intention to withdraw therefrom
and to dissolve said district.
2. The resolution or resolutions so adopted shall be communicated
to the clerks of the boards of supervisors of all the counties
comprising the district and also to the Secretary of State.
3. If it appears that the resolution was unanimously adopted by
the board or boards of supervisors in the counties desiring to
withdraw, and that such county or counties contain more than fifty
percent (50%) of the entire population in the district, the Secretary
of State shall thereupon certify to the clerks of the boards of
supervisors of the counties composing the district that the district
is dissolved.
4. Thereupon the board of directors of the district shall within
90 days:
(a) Abolish the road camp or camps;
(b) Return all prisoners therein to their respective county jails;

(c) Dispose of all equipment belonging to said camp or camps and
the district;
(d) Render an accounting to the clerks of the boards of
supervisors of the counties composing such district of all sums of
money received and paid out since their last previous accounting,
including the balance of revolving fund on hand at said last previous
accounting;
(e) Apportion and repay to said counties all sums of money then
remaining in their hands, and they shall thereupon be relieved of
further responsibility in said matter.

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Advisory Committees for Adult Detention Facilities


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 presiding judge of the superior
court. Of the members appointed by the presiding judge, one shall be
a member of the State Bar.



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, superior court judge, and the
board of supervisors, one shall hold office for two years, and one
for four years; and the respective terms of the members first
appointed shall be determined by lot as soon as possible after their
appointment. When a vacancy occurs in the committee by expiration of
the term of office of any member thereof, his successor shall be
appointed to hold office for a term of four years. When a vacancy
occurs for any other reason, the appointee shall hold office for the
unexpired term of his predecessor.



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 court. The expenses shall be a
charge upon the county in which the court has jurisdiction, and shall
be paid out of the county treasury upon a written order of the
presiding judge of the superior court directing the county auditor to
draw a warrant upon the county treasurer for the specified amount of
such expenses. All orders by the presiding judge upon the county
treasurer shall be filed in duplicate with the county board of
supervisors and sheriff.


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 shall be filed with the county board
of supervisors, the presiding judge, the sheriff, the Board of
Corrections, and the Attorney General.



4305. The committee shall annually inspect the city and county
adult detention facilities. Such inspection shall be concerned with
the conditions of inmate employment, detention, care, custody,
training, and treatment on the basis of, but not limited to, the
minimum standards established by the Board of Corrections. A report
of such visitations together with pertinent recommendations shall be
annually filed in accordance with the provisions of Section 4304 of
this code.
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PILOT JAIL INDUSTRY PROGRAMS


4325. The board of supervisors of a county of the ninth class or
the 19th class, as described in Sections 28030 and 28040,
respectively, of the Government Code, or both county boards, with the
concurrence of the sheriff of the county, may establish by ordinance
or resolution, a Jail Industry Commission for that county, which
commission shall have the same purposes, powers, and duties with
respect to the county jail as the Prison Industry Authority has under
Article 1 (commencing with Section 2800) of Chapter 6 of Title 1
with respect to institutions under the jurisdiction of the Department
of Corrections. As used in this chapter, "commission" means a Jail
Industry Commission.



4326. The commission shall be composed of nine members, four of
whom shall be appointed by, and serve at the pleasure of, the board
of supervisors, and three of whom shall be appointed by, and serve at
the pleasure of, the sheriff. The chairperson of the board of
supervisors or his or her designee shall also be a member. The
sheriff shall be ex officio chairperson of the commission.
The board of supervisors shall provide for the compensation of
members of the commission, and shall provide for the meetings,
support staff, and general operations of the commission.




4327. Upon the establishment of the commission, the board of
supervisors shall establish a Jail Industries Fund, which may be a
revolving fund, for funding the operations of the commission. All
jail industry income shall be deposited in, and any prisoner
compensation shall be paid to the account of the prisoner from, the
Jail Industries Fund.



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 county detention facilities, and
may not be transferred to the county general fund.




4329. No commission established pursuant to Section 4325 or any
county jail industry program conducted under the authority of a
commission, shall remain in existence for more than four years from
the date of its establishment
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BLOOD DONATIONS
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 are under a sentence of 30
days or more.


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 donation the prisoner shall be given
an examination with all clothes removed by a physician and surgeon of
the blood bank to whom blood is to be donated, and donations shall
be refused unless such physician shall find the prisoner to be a
suitable person for blood donation. No more than one such donation
shall be permitted during any 72-day period.
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COUNTY JAIL CAPITAL EXPENDITURE BOND ACT OF 1981
FINDINGS AND DECLARATIONS


4400. This title shall be known and may be cited as the County Jail
Capital Expenditure Bond Act of 1981.



4401. It is found and declared that:
(a) Numerous county jails throughout California are dilapidated
and overcrowded.
(b) Capital improvements are necessary to protect life and safety
of the persons confined or employed in jail facilities and to upgrade
the health and sanitary conditions of such facilities.
(c) County jails are threatened with closure or the imposition of
court supervision if health and safety deficiencies are not corrected
immediately.
(d) Due to fiscal constraints associated with the loss of local
property tax revenues, counties are unable to finance the
construction of adequate jail facilities.
(e) A 1980 survey authorized by the State Board of Corrections
concluded that more than two hundred million dollars ($200,000,000)
would be necessary merely to bring county and city jails up to the
standards in effect when they were built. Subsequent hearings by the
Senate Judiciary Committee's Subcommittee on Corrections concluded
that at least five hundred million dollars ($500,000,000) would be
necessary to bring such facilities up to present standards, without
allowing for inflationary increases in construction costs in ensuing
years.
(f) Imposition of limits on taxing powers of local agencies,
imposed by Proposition 13 and other measures, has severely limited
ability of local jurisdictions to raise funds for jail construction
or renovation, though the need for such facilities is increasing.
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FISCAL PROVISIONS


4410. The State General Obligation Bond Law is adopted for the
purpose of the issuance, sale, and repayment of, and otherwise
providing with respect to, the bonds authorized to be issued pursuant
to this title, and the provisions of that law are included in this
title as though set out in full in this chapter except that,
notwithstanding anything in the State General Obligation Bond Law,
the maximum maturity of the bonds shall not exceed 20 years from the
date of each respective series. The maturity of each respective
series shall be calculated from the date of such series.



4411. As used in this title, and for the purpose of this title, the
following words shall have the following meanings:
(a) "Committee" means the County Jail Capital Expenditure Finance
Committee created by Section 4413.
(b) "Fund" means the County Jail Expenditure Fund.



4412. There is in the State Treasury the County Jail Capital
Expenditure Fund, which fund is hereby created.



4413. For the purpose of authorizing the issuance and sale,
pursuant to the State General Obligation Bond Law, of the bonds
authorized by this title, the County Jail Capital Expenditure Finance
Committee is hereby created. The committee consists of the Governor
or his designated representative, the Controller, the Treasurer, and
the Director of Finance. The County Jail Capital Expenditure
Committee shall be the "committee" as that term is used in the State
General Obligation Bond Law, and the Treasurer shall serve as
chairman of the committee. The Board of Corrections is hereby
designated as "the board" for purposes of this title and for the
purposes of the State General Obligation Bond Law.



4414. The committee is hereby authorized and empowered to create a
debt or debts, liability or liabilities, of the State of California,
in the aggregate amount of two hundred eighty million dollars
($280,000,000), in the manner provided in this title. Such debt or
debts, liability or liabilities, shall be created for the purpose of
providing the funds to be used for the object and work specified in
Section 4415 and for administrative costs incurred in connection
therewith.



4415. Moneys in the fund shall be available for expenditure in
accordance with this title by the Board of Corrections. Prior to the
disbursement of any money in the fund, the board and the appropriate
subcommittees of the Senate Committee on Criminal Procedure and of
the Assembly Committee on Public Safety shall reexamine the factors
specified in subdivisions (a) and (b) to determine whether they are
still suitable and applicable to the distribution of the proceeds of
the bonds authorized by this title. Moneys in the fund shall be
available for expenditure for the following purposes:
(a) For the construction, reconstruction, remodeling, and
replacement of county jail facilities, and the performance of
deferred maintenance activities on the facilities pursuant to rules
and regulations adopted by the Board of Corrections, in accordance
with Section 6029.1. No expenditure shall be made unless county
matching funds of 25 percent are provided.
(b) In performing the duties set forth in subdivision (a), the
Board of Corrections shall consider all of the following:
(1) The extent to which the county requesting aid has exhausted
all other available means of raising the requested funds for the
capital improvements and the extent to which the funds from the
County Jail Capital Expenditure Fund will be utilized to attract
other sources of capital financing for county jail facilities.
(2) The extent to which the capital improvements are necessary to
the life or safety of the persons confined or employed in the
facility or the health and sanitary conditions of the facility.
(3) The extent to which the county has utilized reasonable
alternatives to pre-conviction and post-conviction incarceration,
including, but not limited to, programs to facilitate release upon
one's own recognizance where appropriate to individuals pending
trial, sentencing alternatives to custody, and civil commitment or
diversion programs consistent with public safety for those with drug-
or alcohol-related problems or mental or developmental disabilities.



4416. (a) When sold, the bonds authorized by this title shall
constitute valid and legally binding general obligations of the State
of California, and the full faith and credit of the State of
California is hereby pledged for the punctual payment of both
principal and interest thereon.
(b) There shall be collected annually in the same manner and at
the same time as other state revenue is collected such a sum, in
addition to the ordinary revenues of the state, as shall be required
to pay the interest and principal on the bonds maturing each year,
and it is hereby made the duty of all officers charged by law with
any duty in regard to the collection of the revenue to do and perform
each and every act which shall be necessary to collect that
additional sum.
(c) All money deposited in the fund which has been derived from
premium and accrued interest on bonds sold shall be available for
transfer to the General Fund as a credit to expenditures for bond
interest.



4417. All money deposited in the fund pursuant to any provision of
law requiring repayments to the state for assistance financed by the
proceeds of the bonds authorized by this title shall be available for
transfer to the General Fund. When transferred to the General Fund
such money shall be applied as a reimbursement to the General Fund on
account of principal and interest on the bonds which has been paid
from the General Fund.



4418. There is hereby appropriated from the General Fund in the
State Treasury for the purpose of this title, such an amount as will
equal the following:
(a) That sum annually as will be necessary to pay the principal of
and the interest on the bonds issued and sold pursuant to the
provisions of this title, as principal and interest become due and
payable.
(b) That sum as is necessary to carry out the provisions of
Section 4419, which sum is appropriated without regard to fiscal
years.



4419. For the purpose of carrying out the provisions of this title,
the Director of Finance may by executive order authorize the
withdrawal from the General Fund of an amount or amounts not to
exceed the amount of the unsold bonds which the committee has by
resolution authorized to be sold for the purpose of carrying out this
title. Any amounts withdrawn shall be deposited in the fund and
shall be disbursed by the board in accordance with this title. Any
money made available under this section to the board shall be
returned by the board to the General Fund from moneys received from
the sale of bonds sold for the purpose of carrying out this title.
Such withdrawals from the General Fund shall be returned to the
General Fund with interest at the rate which would have otherwise
been earned by such sums in the Pooled Money Investment Fund.



4419.5. Notwithstanding any other provision of this bond act, or of
the State General Obligation Bond Law (Chapter 4 (commencing with
Section 16720) of Part 3 of Division 4 of Title 2 of the Government
Code), if the Treasurer sells bonds pursuant to this bond act that
include a bond counsel opinion to the effect that the interest on the
bonds is excluded from gross income for federal tax purposes under
designated conditions, the Treasurer may maintain separate accounts
for the bond proceeds invested and the investment earnings on those
proceeds, and may use or direct the use of those proceeds or earnings
to pay any rebate, penalty, or other payment required under federal
law, or take any other action with respect to the investment and use
of those bond proceeds, as may be required or desirable under federal
law in order to maintain the tax-exempt status of those bonds and to
obtain any other advantage under federal law on behalf of the funds
of this state.



4420. The committee may authorize the State Treasurer to sell all
or any part of the bonds herein authorized at such time or times as
may be fixed by the Treasurer.



4421. All proceeds from the sale of bonds, except those derived
from premiums and accrued interest, shall be available for the
purpose provided in Section 4415 but shall not be available for
transfer to the General Fund to pay principal and interest on bonds.
The money in the fund may be expended only as herein provided.




4422. All proposed appropriations for the projects specified in
this title, shall be included in a section in the Budget Bill for the
1982-83 and each succeeding fiscal year, for consideration by the
Legislature. All appropriations shall be subject to all limitations
enacted in the Budget Act and to all fiscal procedures prescribed by
law with respect to the expenditures of state funds, unless expressly
exempted from such laws by a statute enacted by the Legislature. No
funds derived from the bonds authorized by this title may be
expended pursuant to an appropriation not contained in such section
of the Budget Act.

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