shall annually transmit to each of the state prisons in the United States one copy of such report. Enactment approved March 18, 1907, Stats. and Amdts. 1907, p. 594, Kerr's Stats. and Amdts. 1906-7, p. 551. § 1594. BONDS OF OFFICERS AND EMPLOYEES. All the bonds of officers and employees under this title shall be deposited with the secretary of state. Enactment approved March 18, 1907, Stats. and Amdts. 1907, p. 594, Kerr's Stats. and Amdts. 1906-7, p. 551. § 1595. REBUILDING of buildings destroyED BY FIRE. If any of the shops or buildings in which convicts are employed are destroyed in any way, or injured by fire or otherwise, they may be rebuilt or repaired immediately, under the direction of the board of directors, by and with the advice and consent of the governor, attorneygeneral, and secretary of state, and the expenses thereof paid out of any funds in the state treasury not otherwise appropriated by law. Enactment approved March 18, 1907, Stats. and Amdts. 1907, p. 594, Kerr's Stats. and Amdts. 1906-7, p. 551. § 1596. REPORTS. The board of directors must report to the governor from time to time the names of any and all persons confined in the state prisons who, in their judgment, ought to be pardoned out and set at liberty on account of good conduct, or unusual term of sentence, or any other cause, which, in their opinion, should entitle the prisoner to pardon. Sec. 2. [Construction of act.] Nothing in this act contained shall be construed to shorten or extend the term of office of any person holding office or employment at the time this act goes into effect under the provisions of an act entitled, "An act to regulate and govern the state prisons of California," approved March nineteen, one thousand eight hundred and eighty-nine, or the acts amendatory thereof or supplementary thereto. Enactment approved March 18, 1907, Stats. and Amdts. 1907, p. 594, Kerr's Stats. and Amdts. 1906-7, p. 551. § 1597. COUNTY JAILS, BY WHOM KEPT AND FOR WHAT USED. The common jails in the several counties of this state are kept by the sheriffs of the counties in which they are respectively 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. Enacted February 14, 1872, founded upon § 17 Act April 29, 1851, Stats. 1851, p. 192. § 1598. ROOMS REQUIRED IN COUNTY JAILS. 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; 4. Males separately from females. 193. Enacted February 14, 1872, founded upon § 18 Act April 29, 1851, Stats. 1851, pp. 192, As to female and male prisoners not to be kept in same room, exception, see post, § 1599. § 1599. PRISONERS TO BE CLASSIFIED. Persons committed on criminal process and detained for trial, persons convicted and under sentence, and persons committed upon civil process, must not be kept or put in the same room, nor shall male and female prisoners (except husband and wife) be kept or put in the same room. Enacted February 14, 1872, re-enactment of § 20 Act April 29, 1851, Stats. 1851, p. 193. § 1599a. RECEIPTS FOR PROPERTY TAKEN FROM PERSONS ARRESTED. 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. Enactment approved May 24, 1923, Stats. and Amdts. 1923, p. 441. In effect August 16, 1923. § 1600. PRISONERS COMMITTED MUST BE ACTUALLY CONFINED. A prisoner committed to the county jail for trial or for examination, or upon conviction for a public offense, must be actually confined in the jail until he is legally discharged; and if he is permitted to go at large out of the jail, except by virtue of a legal order or process, it is an escape. Enacted February 14, 1872. § 1601. SHERIFF TO RECEIVE PRISONERS COMMITTED BY UNITED STATES COURTS. The sheriff must 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 is discharged according to law, as if he had been committed under process issued under the authority of this state; provision being made by the United States for the support of such prisoner. Enacted February 14, 1872, re-enactment of § 41 Act April 29, 1851, Stats. 1851, p. 196. § 1602. SHERIFF OR JAILER ANSWERABLE FOR SAFE-KEEPING of SUCH PRISONERS. A sheriff, to whose custody a prisoner is committed, as provided in the last section, is answerable for his safe-keeping in the courts of the United States, according to the laws thereof. Enacted February 14, 1872, re-enactment of § 42 Act April 29, 1851, Stats. 1851, p. 196. § 1603. WHEN JAIL IN CONTIGUOUS COUNTY MAY BE USED. 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 county clerk, designate the jail of a contiguous county for the confinement of the prisoners of his county or of any of them, and may at any time modify or vacate such order. Enacted February 14, 1872, re-enactment of § 21 Act April 29, 1851, Stats. 1851, p. 193; amendment by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 503, act held unconstitutional, see History, § 5 ante; amendment re-enacted March 21, 1905, Stats. and Amdts. 1905, p. 709. As to right to compel prisoners to labor, see post, § 1613. § 1604. KEEPER OF JAIL IN CONTIGUOUS COUNTY TO RECEIVE PRISONERS. A copy of the appointment, certified by the county clerk, must be served on the sheriff or keeper of the jail designated, who must receive into his jail all prisoners authorized to be confined therein, pursuant to the last section, and who is responsible for the safe-keeping of the persons so committed, in the same manner and to the same extent as if he was sheriff of the county for whose use his jail is designated, and with respect to the persons so committed he is deemed the sheriff of the county from which they were removed. Enacted February 14, 1872, re-enactment of § 22 Act April 29, 1851, Stats. 1851, p. 193. § 1605. WHEN JAIL IN CONTIGUOUS COUNTY IS NOT to be used. 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 county clerk thereof, declare that the necessity for the designation has ceased, and that it is revoked. Enacted February 14, 1872, founded upon § 23 Act April 29, 1851, Stats. 1851, p. 193; amendment by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 503, act held unconstitutional, see History, § 5 ante; amendment re-enacted March 21, 1905, Stats. and Amdts. 1905, p. 710. § 1606. PRISONERS TO BE RETURNED TO PROPER COUNTY. The county clerk 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. Enacted February 14, 1872, re-enactment of § 24 Act April 29, 1851, Stats. 1851, p. 193. § 1607. PRISONERS MAY BE REMOVED IN CASE OF FIRE. When a county jail or a building contiguous to it is on fire, and there is reason to apprehend that the prisoners may be injured or endangered, the sheriff or jailer must remove them to a safe and convenient place, and there confine them as long as it may be necessary to avoid the danger. Enacted February 14, 1872, re-enactment of § 25 Act April 29, 1851, Stats. 1851, p. 193. § 1608. PRISONERS MAY BE REMOVED IN CASE OF PESTILENCE. 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 county clerk, 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. Enacted February 14, 1872, re-enactment of § 26 Act April 29, 1851, Stats. 1851, pp. 193, 194. § 1609. PAPERS SERVED ON JAILER FOR PRISONER. A sheriff or jailer upon whom a paper in a judicial proceeding, directed to a prisoner in his custody, is served, must forthwith deliver it to, the prisoner, with a note thereon of the time of its service. For a neglect to do so he is liable to the prisoner for all damages occasioned thereby. Enacted February 14, 1872, re-enactment of § 28 Act April 29, 1851, Stats. 1851, p. 194. § 1610. GUARD FOR JAIL. 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 safe-keeping of prisoners, the expenses of which are a county charge. Enacted February 14, 1872, re-enactment of § 29 Act April 29, 1851, Stats. 1851, p. 194. § 1611. SHERIFF TO RECEIVE ALL PERSONS DULY COMMITTED. The sheriff must receive all persons committed to jail by competent authority, and provide them with necessary food, clothing, and bedding, for which he shall be allowed a reasonable compensation, to be determined by the board of supervisors, and, except as provided in the next section, to be paid out of the county treasury. Enacted February 14, 1872, substantial re-enactment of § 30 Act April 29, 1851, Stats. 1851, p. 194. § 1612. PRISONERS ON CIVIL PROCESS, WHEN NOT TO BE RECEIVED. 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. Enacted February 14, 1872, re-enactment of § 31 Act April 29, 1851, Stats. 1851, p. 194. § 1613. PRISONERS MAY BE REQUIRED TO LABOR. Persons confined in the county jail under a judgment of imprisonment rendered in a criminal action or proceeding, may be required by an order of the board of supervisors to perform labor on the public works or ways in the county. Enacted February 14, 1872. § 1614. CREDITS FOR GOOD BEHAVIOR OF PRISONER CONFINED IN COUNTY JAIL. 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. For each month in which the prisoner appears, by the record, to have given a cheerful and willing obedience to the rules and regulations, and that his conduct is reported by the officer in charge of the jail to be positively good, five days shall, with the consent of the board of supervisors, be deducted from his term of sentence. Enacted February 14, 1872; amendment approved March 23, 1893, Stats. and Amdts. 1893, p. 298. § 1615. HAIR-CUTTING FOR SANITARY PURPOSES. 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 fifteen days, to a uniform length of one and one-half inches from the scalp of such person or persons so imprisoned. Enactment by Code Commission, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 503, act held unconstitutional, see History, § 5 ante; re-enacted March 21, 1905, Stats. and Amdts. 1905, p. 710. § 1616. CARE OF FEMALE PRISONERS IN COUNTY JAILS. Whenever any female prisoner or prisoners are confined in any county jail in the state, and no regular jail matron has been appointed, there shall be designated by the sheriff some suitable woman who shall have immediate care of such female prisoner or prisoners, and who shall be paid out of the general fund of the county upon claims to be presented and allowed by the board of supervisors as other claims against the county. Such female prisoners shall be so kept that they can not see or be seen by, or converse with, any male prisoners confined in said jail, and it shall be unlawful for any male officer or jailer to search the person of any female prisoner, or to enter into the room or cell occupied by any female prisoner, except in the company of such matron or woman having the care of such female prisoner. Enactment approved April 15, 1911, Stats. and Amdts. 1911, p. 924; amended May 5, 1917, Stats. and Amdts. 1917, p. 240. |