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

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CHAPTER III.
DEPARTMENT OF CORRECTION*

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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note--Chapter III of this division, relating to the Drug Abuse Coordination Commission, §§ A20-38--A20-42, was repealed by § 2 of Ord.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.

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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.

(a) Findings.

(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)

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