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SANTA CLARA COUNTY CODE OF ORDINANCES: Division A20 LAW ENFORCEMENT AND SHERIFF'S DEPARTMENT*

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Division A20
LAW ENFORCEMENT AND SHERIFF'S DEPARTMENT*

Cross reference(s)--Office hours for Sheriff, § A2-6; fee for fingerprinting by Sheriff's Department, § A14-29; District Attorney, § A22-31 et seq.; Public Defender, § A22-46 et seq.; probation, Div. A27; private patrols, Div. B15.

State law reference(s)--Sheriffs generally, Government Code § 26600.

CHAPTER I.
IN GENERAL

Sec. A20-1. Department recognized.

There is in the County a Sheriff's Department, hereafter in this chapter referred to as the Department.

(Code 1954, § 3.1.30-1)

Sec. A20-2. Sheriff recognized; authority over personnel.

There is in the County and in the Department the position of Sheriff. Subject to provisions of the Charter and this Code, he shall have power to appoint, suspend or remove all assistants, deputies, clerks and other employees necessary to conduct the work of the Department.

(Code 1954, § 3.1.30-2)

Charter reference(s)--Personnel system, Art. VII.

Sec. A20-3. Deputy Sheriffs transferred to the Department of Correction.

By special order executed on December 12, 1988, the Sheriff has maintained deputy sheriff status for all Deputy Sheriffs transferred to the Department of Correction on January 9, 1989. Each transferred Deputy Sheriff shall retain the title "Deputy Sheriff" in addition to any other title granted him or her. The Sheriff shall have no responsibility or liability in any respect for the training or supervision of those transferred Deputy Sheriffs. If any Correction Department Deputy Sheriff is dismissed, resigns or transfers from the Department of Correction, his or her Deputy Sheriff status under this section shall be automatically revoked. The Sheriff shall not be responsible for the receipt and keeping of prisoners in County jails nor be held accountable in any respect for the performance, on or off duty, of any employee of the Department of Correction, whether or not that employee is a Deputy Sheriff.

(Ord. No. NS-300.443, § 1, 12-13-88)

Note--See the editor's note following §§ A20-4, A20-5.

Secs. A20-4, A20-5. Reserved.

Editor's note--Section A20-3, requiring the Sheriff to supervise the County jail, derived from Code 1954, § 3.1.30-3, was repealed by § 1 of Ord. No. NS-300.415, adopted June 25, 1987. Subsequently, § 1 of Ord. No. NS-300.443, adopted Dec. 13, 1988, added a new § A20-3. Section A20-4, requiring the Sheriff to maintain branch jails, derived from Code 1954, § 3.1.30-7, was repealed by § 2 of Ord. No. NS-300.415. Section A20-5, relating to the handling of prisoners' valuables, derived from Code 1954, § 3.1.30-4, was repealed by § 3 of Ord. No. NS-300.415.

Sec. A20-6. Disposition of unclaimed property in Sheriff's custody.

Except as provided in Section A20-7, any property, including money, in the possession of the Sheriff which is not required to be retained in the performance of the Sheriff's official duties and which has remained unclaimed for more than three months shall be disposed of in the following manner:

(a) Currency or coin shall be deposited with the County Treasurer for deposit to the general fund of the County.

(b) All other property may be transferred by the Sheriff to the Public Administrator or transferred to an on-line Internet auctioneer pursuant to Civil Code § 1873 for sale to the public at public auction and the proceeds thereof shall be paid over to the County Treasurer for deposit to the general fund of the County; provided, however, that bicycles and toys shall be turned over to the Chief Juvenile Probation Officer upon his or her request for use in any program of activities designed to prevent juvenile delinquency pursuant to Welfare and Institutions Code § 516.

(c) Any such property which, in the opinion of the Sheriff or the Public Administrator, is worthless or which if sold at public auction would not bring a sum sufficient to offset the cost of conducting the sale may be destroyed, or donated to charitable institutions, or may be repaired and renovated by County prisoners and transferred to the Public Administrator for sale at public auction.

(Code 1954, § 3.1.30-5; Ord. No. NS-300.29, § 1, 3-10-58; Ord. No. NS-300.115, § 1, 11-27-67; Ord. No. NS-300.125, § 1, 10-14-68; Ord. No. NS-300.669, § 1, 9-10-02)

State law reference(s)--Disposition of unclaimed property of prisoners, Government Code § 26642.

Sec. A20-7. Return of lost property in custody of Sheriff to finder.

Any property placed in the custody of the Sheriff for the purpose of discovering the true and rightful owner thereof, shall be returned to the person depositing the same upon the filing of a written request with the Sheriff within six months of the date of deposit. Said request shall contain a statement by the finder that he desires the return of said property in order to perfect his title thereto pursuant to the provisions of the Civil Code of the State of California.

(Code 1954, § 3.1.30-5.1; Ord. No. NS-300.29, § 1, 3-10-58)

State law reference(s)--Lost and unclaimed property, Civil Code § 2080 et seq.

Secs. A20-8--A20-11. Reserved.

Editor's note--Section A20-8, relating to bail moneys, derived from Code 1954, § 3.1.30-6, was repealed by § 4 of Ord. No. NS-300.415, adopted June 25, 1987. Section A20-9, declaring the feasibility of a work furlough plan, derived from Code 1954, § 3.1.30-8, Ord. No. NS-300.23, § 1, adopted Oct. 21, 1957, and Ord. No. NS-300.392, § 1, adopted Jan. 22, 1985, was repealed by § 5 of Ord. No. NS-300.4 15. Section A20-10, relating to the administration of the work furlough plan, derived from Code 1954, § 3.1.30-9, Ord. No. NS-300.23, § 1, and Ord. No. NS-300.373, was repealed by § 6 of Ord. No. NS-300.415. Section A20.11, providing for the transfer of prisoners on work furlough, derived from Ord. No. NS-300.225, § 1, adopted Dec. 14, 1976, and Ord. No. NS.300.287, § 1, adopted June 12, 1979, was repealed by § 7 of Ord. No. NS-300.415. Section A20-12, specifying a work furlough fee, derived from Ord. No. NS-300.400, § 1, adopted Dec. 17, 1985, was repealed by § 8 of Ord. No. NS-300.415.

Sec. A20-12. Reserved.

Editor's note--Ord. No. NS-300.662, § 1, adopted March 19, 2003, repealed § A20-12, which pertained to work furlough fee. See the Code Comparative Table.

Sec. A20-13. Collection of data regarding prejudice-based crimes.

(a) The Sheriff shall collect and analyze data relating to crimes motivated by prejudice based on race, religion, ethnicity, sex, sexual orientation, disabilities and national origin and shall provide such data to the County of Santa Clara Human Relations Commission on a monthly basis. This data shall include information concerning:

(1) The area of the County in which the crime occurred.

(2) The characteristics of the perpetrator and the victim (e.g. race, religion, suspected hate group, etc.).

(3) The nature of the crime.

(b) The crimes with respect to which data shall be acquired are as follows: homicide, non-negligent manslaughter, assault, robbery, burglary, theft, motor vehicle theft, arson, rape, battery, vandalism, destruction or damage to property, trespass, threat, intimidation, and other such crimes as the County of Santa Clara Sheriff considers appropriate.

(c) The Sheriff shall develop and implement appropriate procedures for the collection of such data from crime reports involving incidents motivated by prejudice based on race, religion, ethnicity, national origin, sex, sexual orientation or disability.

(d) The Sheriff, or his/her designee, shall report the occurrence of any such prejudice-based crime incidents to the chairperson of the Board of Supervisors and to the Director of the County of Santa Clara Human Relations Commission within three business days after the report of such incident to the Sheriffs Department, or the Sheriffs Department's awareness of any such crime.

(Ord. No. NS-300.354, § 2, 1-16-90; Ord. No. NS-300.487, 9-17-91)

Secs. A20-14--A20-21. Reserved.

CHAPTER II.
LAW ENFORCEMENT DRUG COUNCIL*

Cross reference(s)--Boards and commissions generally, Div. A6.

Sec. A20-22. Established.

There is hereby created a committee known as the Law Enforcement Drug Council, hereafter called the Council.

(Code 1954, § 3.2.22-1; Ord. No. NS-300.144, § 1, 12-1-70)

Sec. A20-23. Membership.

The Council shall consist of seven members. The Sheriff, District Attorney and Chief Juvenile Probation Officer shall be permanent members. The remaining four members shall not be permanent and shall be chosen from among the police chiefs of the cities of:

(f) Morgan Hill.

(g) Mountain View.

(j) Santa Clara.

The four nonpermanent members shall serve two-year terms, except that two of the initial members shall serve one-year terms so as to provide for the staggering of terms.

(Code 1954, § 3.2.22-2; Ord. No. NS-300.144, § 1, 12-1-70)

Sec. A20-24. Organization; secretarial assistance.

The Council shall be responsible for designating a chairman whose duties will be to call Council meetings, notify all concerned departments with respect to agenda formation and time and place of Council meetings, and conduct Council meetings. The Director of the Narcotics Bureau shall be responsible for providing secretarial assistance to the Council.

(Code 1954, § 3.2.22-3; Ord. No. NS-300.144, § 1, 12-1-70)

Sec. A20-25. Duties.

It shall be the duty of the Council to:

(a) Establish policy guidelines to govern the County Narcotics Bureau.

(b) Select the Director of the Narcotics Bureau.

(c) See that liaison personnel are selected from each police department to work with the Bureau.

(d) Identify local narcotics information resources and determine what data will be collected and submitted by the police departments to the Bureau's interagency information exchange.

(e) Approve design of uniform reporting and retrieval procedures.

(f) Determine extent and nature of local participation expected in field operations.

(g) Assign preliminary priorities to types of service requests to be referred to the Bureau.

(h) Formulate program of the education and prevention unit of the Narcotics Bureau and specify guidelines and resources available for its operation.

(i) Appoint representatives to serve on the County-wide advisory or coordinating group on drug abuse.

(j) Cooperate with and assist the County official designated to prepare the annual County-wide drug abuse control plan.

(Code 1954, § 3.2.22-5; Ord. No. NS-300.144, § 1, 12-1-70)

Sec. A20-26. Meetings.

Meetings will be called by the chairman, and may take place upon request of any member of the executive council. Meetings will be held as needed but no less than monthly.

(Code 1954, § 3.2.22-5; Ord. No. NS-300.144, § 1, 12-1-70)

Secs. A20-27--A20-37. Reserved.

CHAPTER III.
DEPARTMENT OF CORRECTION*

Editor's note--Chapter III of this division, relating to the Drug Abuse Coordination Commission, §§ A20-38--A20-42, was repealed by § 2 of Ord. No. 300.315, adopted Mar. 25, 1980. Formerly Ch. 3 was derived from Code 1954, §§ 3.2.23-1--3.2.23-4, and the following ordinances:

Ord. No. Date Section

NS-300.153 7-20-71 1

NS-300.154 9- 7-71

NS-300.162 3-21-72 1

NS-300.164 6-13-72 1

NS-300.171 1-30-73 1

NS-300.179 10-23-73 1

NS-300.186 5-14-74 3

NS-300.208 5- 8-75 1

NS-300.213 7-22-75 1

NS-300.241 2-22-77

NS-300.270 1- 2-79 5

The Drug Abuse Coordination Commission is now included in Div. A18, Ch. XIII, §§ A18-240--A18-244.

Subsequently, § 9 of Ord. No. NS-300.415, adopted June 25, 1987, added a new Ch. III, §§ A20-38--A20-51. Section 2 of Ord. No. NS-300.443, adopted Dec. 13, 1988, changed the title of the article from "Department of Detention" to "Department of Correction."

Cross reference(s)--Boards and commissions generally, Div. A6.

Sec. A20-38. Department recognized.

(a) There is in the County a Department of Correction, hereafter in this chapter referred to as the Department.

(b) The Department is established by resolution of the Board of Supervisors pursuant to Government Code § 23013 and County Charter Section 509.

(Ord. No. NS-300.415, § 9, 6-25-87; Ord. No. NS-300.443, § 3, 12-13-88)

Sec. A20-39. General responsibilities.

The Department shall have jurisdiction over all County functions, personnel and facilities relating to institutional punishment, care, treatment and rehabilitation of prisoners, both presentenced and sentenced, excluding the Mountain View Work Furlough Center, the Juvenile Hall and all juvenile ranches and juvenile residential facilities.

(Ord. No. NS-300.415, § 9, 6-25-87)

Sec. A20-40. Director recognized.

There is in the Department a position of Director of the Department of Correction, hereafter in this chapter referred to as the Director, who shall be appointed by the Board of Supervisors.

(Ord. No. NS-300.415, § 9, 6-25-87; Ord. No. NS-300.443, § 4, 12-13-88)

Sec. A20-41. Administrative duties and powers.

(a) The Director shall be in charge of and responsible for the correctional facilities under the jurisdiction of the Department and shall have custody of the presentenced and sentenced prisoners in them in accordance with such rules and regulations as prescribed by state law and by the Board of Supervisors.

(b) The Director shall be responsible and legally accountable for administering the County jail system and for performing those duties with respect to receiving and keeping prisoners in the jail and other related jail duties assigned to the Sheriff in general law. The Director also shall be responsible and legally accountable for all County employees assigned to the jail, including Deputy Sheriffs employed in the Department of Correction.

(c) The Director shall have administrative control over the Department and shall be responsible for the required annual itemized estimates of expenditures and revenues for the Department. The Director shall supervise the expenditure of all funds allocated to the Department and review expenditures of those funds.

(d) Correction Deputies, who by virtue of Section A20-3 of this Code remain Deputy Sheriffs, shall be subject to the sole and exclusive supervision, direction, training and appointment of the Director, who shall, in all instances and for all purposes, including respondeat superior be the principal officer in charge rather than the Sheriff. Training for Correction Deputies shall meet or exceed Peace Officer Standards and Training (POST) requirements for Deputy Sheriffs assigned to jail operations.

(Ord. No. NS-300.415, § 9, 6-25-87; Ord. No. NS-300.443, § 5, 12-13-88)

Sec. A20-42. Direction over personnel.

Subject to the provisions of the Charter and this Code, the Director shall have the power to appoint, supervise, suspend or remove all assistants, deputies, clerks and other employees in the Department.

(Ord. No. NS-300.415, § 9, 6-25-87)

Sec. A20-42.1. Status of Correction Deputies.

Notwithstanding any other provisions of law, the Deputy Sheriffs assigned to work in the Department of Correction (known as "Correction Deputies") under the direction of the Director also remain deputies of the Sheriff who has appointed such deputies to prevent and detect crime and generally enforce the laws of this State for the duration of their appointment as deputies. Such deputies have completed the qualifications of Penal Code § 832.6 and have the full powers and duties of a peace officer as provided by Penal Code § 830.1.

(Ord. No. NS-300.453, § 1, 10-24-89)

Editor's note--Section 1 of Ord. No. NS-300.453, adopted October 24, 1989, added § A20-42(a), which the editor has redesignated § A20-42.1 in order to conform the section to the remainder of the Code.

Sec. A20-43. Handling of prisoners' valuables.

The booking officer shall take possession of all property found upon the person of a prisoner and enter a detailed description of the same upon a receipt form prescribed for this purpose. The receipt shall be made out in duplicate: The original shall be attached to a valuables jacket in which receipted items will be placed and handed over to the property officer daily; the copy shall be given to the prisoner. The booking officer shall return the property to the prisoner upon his or her release, and the prisoner shall confirm receipt of such valuables by his or her signature upon the booking ledger in the space provided for this purpose.

(Ord. No. NS-300.41 5, § 9, 6-25-87)

Sec. A20-44. Disposal of unclaimed property in the Department's custody.

Any property, including money, of a prisoner in the possession of the Department which is not required to be retained by it for official purposes and which has remained unclaimed for a period of one year after the prisoner's release, or for five years after the prisoner's death, or 120 days after a notice has been sent to the prisoner's last-known address or, in the event of the prisoner's death, one year after a notice has been sent to the prisoner's last-known next of kin shall be disposed of in the following manner:

(a) Currency or coin shall be deposited with the County Treasurer for deposit to the general fund of the County.

(b) All other property shall be transferred by the Department to the Public Administrator for sale to the public at public auction and the proceeds thereof shall be paid over to the County Treasurer for deposit to the general fund of the County; provided, however, that bicycles and toys shall be turned over to the Chief Probation Officer upon his or her request for use in any program of activities designed to prevent juvenile delinquency pursuant to Welfare and Institutions Code § 217.

(c) Any such property which, in the opinion of the Department or the Public Administrator, is worthless or which if sold at public auction would not bring a sum sufficient to offset the cost of conducting the sale may be destroyed, or donated to charitable institutions, or may be repaired and renovated by County prisoners and transferred to the Public Administrator for sale at public auction.

(Ord. No. NS-300.4 15, § 9, 6-25-87)

Sec. A20-45. Accepting, accounting for bail moneys.

The booking officer shall accept bail and receipt for the same in triplicate on prenumbered forms provided for this purpose. The original shall be given to the bailee, the duplicate shall be attached to the prisoner's warrant or commitment, and the third copy shall remain in the receipt book. The property officer shall deposit bail receipts with the County Treasurer daily.

(Ord. No. NS-300.415, § 9, 6-25-87)

Sec. A20-46. Authority to cite and release.

The booking officer is authorized to release prisoners who have been booked and issued written notices to appear in accordance with Penal Code § 853.6.

(Ord. No. NS-300.415, § 9, 6-25-87)

Sec. A20-47. Transportation of prisoners.

The Director shall provide necessary transportation for the prisoners in the Director's custody, including transportation to and from court and other detention facilities both within and outside the County. The Director may delegate all or a portion of these duties to employees of the Department whom he has determined to be properly trained and qualified to perform this work and/or to transportation officers appointed pursuant to California Penal Code § 831.6.

(Ord. No. NS-300.415, § 9, 6-25-87; Ord. No. NS-300.443, § 6, 12-13-88)

Sec. A20-48. Feasibility of work furlough plan declared.

The Board of Supervisors finds, on the basis of local employment and education conditions, the state of County jail facilities, and other pertinent circumstances considered by this Board, that the operation of California Penal Code § 1208 is feasible as it relates to employment and education in the County.

(Ord. No. NS-300.415, § 9, 6-25-87)

Sec. A20-49. Administration of work furlough plan.

The Director is designated as the officer who shall perform the functions of Work Furlough Administrator for female inmates. The Chief Probation Officer is designated as the officer who shall perform the functions of Work Furlough Administrator for male inmates.

(Ord. No. NS-300.415, § 9, 6-25-87)

Sec. A20-50. Transfer of prisoners on work furlough.

Pursuant to Penal Code § 1208.5, the Board of Supervisors of the County of Santa Clara delegates to the Work Furlough Administrator of the County of Santa Clara the authority to enter into agreements to transfer prisoners to and from Santa Clara County and other counties that maintain work furlough programs. Provided, however, that when receiving a prisoner from another county, the Work Furlough Administrator shall not accept such prisoner if the County of Santa Clara must incur other than the normal booking costs when receiving the prisoner; and provided further, that when transferring a prisoner to another county, the County of Santa Clara shall not transfer a prisoner to a county that requires, as a prerequisite to participation in the program, payment to said county of a sum in excess of the current daily expense rate applied by the federal government to federal prisoners incarcerated in said county.

(Ord. No. NS-300.415, § 9, 6-25-87)

Sec. A20-51. Work furlough fee.

The work furlough daily fee shall be $26.76 for each inmate in the work furlough program.

(Ord. No. NS-300.415, § 9, 6-25-87)

Sec. A20-52. Fees for weekend work program and public service program.

(1) The Board of Supervisors desires to increase fees to recover the pro rata cost of administration for inmates participating in the Department of Correction Weekend Work Program and Public Service Program.

(2) Penal Code Section 1209 authorizes the Board of Supervisors to establish a fee for participation in the Weekend Work Program. The amount of the fee is based upon the costs of administration of the program as are allocable to the participants which may be collected prior to the completion of each weekly or monthly period of confinement, and shall be deposited in the county treasury.

(3) Penal Code Section 4024.3(f) authorizes the Board of Supervisors to establish a fee for participation in the work release program (Public Service Program), at an amount which does not exceed the pro rata cost of administration, to be paid by each participant according to his or her ability to pay.

(b) Fees. The Department of Correction is authorized to charge and collect fees for various services as established by resolution approved by the Board of Supervisors and amended from time to time.

(Ord. No. NS-300.589, §§ 1, 2, 8-20-96; Ord. No. NS-300.721, 10-7-03)

Sec. A20-52.1. Throwing items over the perimeter of a County correctional facility.

(a) No person shall throw, or attempt to throw, any item over the fence or perimeter of a County correctional facility administered by the County Department of Correction.

(b) Violation of Subsection (a) shall constitute a misdemeanor.

(Ord. No. NS-300.598, § 1, 4-15-97)

CHAPTER IV.
SALE OF DRUG PARAPHERNALIA TO MINORS*

Editor's note--Ord. No. NS-300.184, § 1, adopted Jan. 22, 1974, amended this Code by repealing former Ch. IV, §§ A20-53--A20-56, derived from Ord. No. NS-300.160, § 1, adopted Feb. 1, 1972, pertaining to the Commission on Alcoholism. Subsequently Ch. IV, §§ A20-53--A20-58, was added by Ord. No. NS-300.294, § 1, adopted July 24, 1979.

Sec. A20-53. Prohibited.

No owner, manager, proprietor or other person in charge of any room in any place of business shall sell or permit to be sold to any person under the age of 18 years any device, contrivance, instrument or paraphernalia for smoking or injecting or consuming marijuana, hashish, PCP, or any controlled substance as defined in the Health and Safety Code of the State of California, other than prescription drugs and devices to ingest or inject prescription drugs, as well as roach clips and cigarette papers and rollers designed for the smoking of the foregoing.

(Ord. No. NS-300.294, § 1, 7-24-79)

Sec. A20-54. Rooms displaying drug paraphernalia.

No owner, manager, proprietor or other person in charge of any room in any place of business, selling or displaying for the purpose of sale any device, contrivance, instrument or paraphernalia for smoking or injecting or consuming marijuana, hashish, PCP, or any controlled substance as defined in the Health and Safety Code of the State of California, other than prescription drugs and devices to ingest or inject prescription drugs, as well as roach clips and cigarette papers and rollers designed for the smoking of the foregoing, shall allow or permit any person under the age of 18 years to be, remain in, enter or visit such room.

(Ord. No. NS-300.294, § 1, 7-24-79)

Sec. A20-55. Prohibition in rooms displaying drug paraphernalia.

A person under the age of 18 years shall not be, remain in, enter or visit any room in any place used for the sale or displaying for sale of any devices, contrivances, instruments or paraphernalia for smoking or injecting marijuana, hashish, PCP, or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs, including roach clips, and cigarette papers and rollers designed and used for smoking the foregoing.

(Ord. No. NS-300.294, § 1, 7-24-79)

Sec. A20-56. Sale and display rooms.

A person shall not maintain in any place of business to which the public is invited the display for sale, or the offering to sell of devices, contrivances, instruments or paraphernalia for smoking or injecting marijuana, hashish, PCP, or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs, including roach clips, and cigarette papers and rollers designed and used for smoking the foregoing, unless within a separate room or enclosure from which minors are excluded. Each entrance to such a room shall be signposted in reasonably visible and legible words to the effect that narcotic paraphernalia are being offered for sale in such a room, and minors are excluded.

(Ord. No. NS-300.294, § 1, 7-24-79)

Sec. A20-57. Violation of chapter a public nuisance.

The distribution or possession for the purpose of sale, exhibition or display in any place of business from which minors are not excluded as set forth in this section, and where devices, contrivances, instruments or paraphernalia for smoking or injecting marijuana, hashish, PCP, or any controlled substance, other than prescription drugs or devices to ingest or inject prescription drugs, including roach clips and cigarette papers and rollers designed and used for smoking the foregoing, is hereby declared to be a public nuisance and may be abated pursuant to the provisions of Code of Civil Procedure § 731 of the State of California.

(Ord. No. NS-300.294, § 1, 7-24-79)

Sec. A20-58. Violation of chapter declared a misdemeanor.

Any person who violates any provision of this chapter or fails to comply with any of the mandatory requirements of this Ordinance Code shall be guilty of a misdemeanor and shall be punishable by a fine of not more than $500.00 or by imprisonment in the County jail for a period not exceeding six months, or by both such fine and imprisonment.

(Ord. No. NS-300.294, § 1, 7-24-79)

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