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HCSD — Standard Operating Procedures

Hartwell County Sheriff's Department Standard Operating Procedure Policy Manual. Public reference.

California Government Code - Sheriff

1300.1 - CALIFORNIA GOVERNMENT CODE TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] DIVISION 2. OFFICERS [24000 - 28085] PART 3. OTHER OFFICERS [26500 - 27773] CHAPTER 2. Sheriff [26600 - 26778] ARTICLE 1. Duties [26600 - 26616] ( Article 1 added by Stats. 1947, Ch. 424. ) 26600.

The sheriff shall preserve peace, and to accomplish this object may sponsor, supervise, or participate in any project of crime prevention, rehabilitation of persons previously convicted of crime, or the suppression of delinquency.

(Added by Stats. 1947, Ch. 424.)

The sheriff shall arrest and take before the nearest magistrate for examination all persons who attempt to commit or who have committed a public offense.

(Added by Stats. 1947, Ch. 424.)

The sheriff shall prevent and suppress any affrays, breaches of the peace, riots, and insurrections that come to his or her knowledge, and investigate public offenses which have been committed. The sheriff may execute all orders of the local health officer issued for the purpose of preventing the spread of any contagious or communicable disease.

(Amended by Stats. 2005, Ch. 478, Sec. 1. Effective January 1, 2006.)

The sheriff shall command the aid of as many inhabitants of the sheriff’s county as he or she thinks necessary in the execution of his or her duties.

(Amended by Stats. 1996, Ch. 120, Sec. 1. Effective January 1, 1997.)

Notwithstanding any other provision of law, except in counties in which the sheriff, as of July 1, 1993, is not in charge of and the sole and exclusive authority to keep the county jail and the prisoners in it, the sheriff shall take charge of and be the sole and exclusive authority to keep the county jail and the prisoners in it including persons confined to the county jail pursuant to subdivision (b) of Section 3454 of the Penal Code for a violation of the terms and conditions of their postrelease community supervision, except for work furlough facilities where by county ordinance the work furlough administrator is someone other than the sheriff.

(Amended by Stats. 2011, 1st Ex. Sess., Ch. 12, Sec. 2. (AB 17 1x) Effective September 21, 2011. Operative October 1, 2011, by Sec. 46 of Ch. 12.)

26605.1.

Notwithstanding any other provision of law, no deputy sheriff shall be required to become a custodial or other officer involuntarily.

(Added by Stats. 1993, Ch. 1236, Sec. 3. Effective January 1, 1994.)

26605.5.

The sheriff has the authority, after conferring with a physician who is neither a county employee nor under a preexisting contract with the county, to release from a county correctional facility for transfer to a medical facility or residential care facility, a prisoner whose physical condition, in the opinion of the examining physician, is such that he or she is rendered incapable of causing harm to others upon or after release from custody. Prior to authorizing the release, however, the sheriff shall first determine that all of the following conditions exist:

(1) The prisoner, upon diagnosis by the examining physician, is deemed to be so severely physically incapacitated that he or she poses no threat to the safety of others.

(2) The examining physician has no reasonable expectation that the prisoner’s physical condition will improve to the extent that he or she could pose a threat to the safety of others.

(3) The prisoner’s medical needs would be better served in a medical facility or residence other than a county correctional facility.

Prior to the release of any prisoner pursuant to this section, the sheriff shall notify the presiding judge of the superior court of his or her intention to transfer a severely incapacitated prisoner to a medical facility or residence for the provision of medical care and other services. This notification shall include:

(1) The prisoner’s name.

(2) The offense or offenses for which the prisoner was incarcerated, if applicable, and the pending charges, if applicable.

(3) The date of sentence, if applicable.

(4) The physician’s diagnosis of the prisoner’s condition.

(5) The physician’s prognosis for the prisoner’s recovery.

Nothing in this section shall be construed as authorizing the sheriff to refuse to receive and incarcerate a defendant or sentenced individual who is not in need of immediate medical care or who has a terminal medical condition.

(Added by Stats. 1992, Ch. 697, Sec. 7. Effective January 1, 1993.)

26605.6.

The sheriff, or his or her designee, has the authority, after conferring with a physician who has oversight for providing medical care at a county jail, or that physician’s designee, to release from a county correctional facility, a prisoner sentenced to a county jail if the sheriff determines that the prisoner would not reasonably pose a threat to public safety and the prisoner, upon diagnosis by the examining physician, is deemed to have a life expectancy of six months or less.
Before the release of any prisoner pursuant to this section, the sheriff shall notify the presiding judge of the superior court of his or her intention to release the prisoner. This notification shall include:

(1) The prisoner’s name.

(2) The offense or offenses for which the prisoner was incarcerated, if applicable, and the pending charges, if applicable.

(3) The date of sentence, if applicable.

(4) The physician’s diagnosis of the prisoner’s condition.

(5) The physician’s prognosis for the prisoner’s recovery.

(6) The prisoner’s address after release.

(1) This section shall be implemented only to the extent that a county that releases a prisoner pursuant to this section does both of the following:

(A) Sends a letter to the State Department of Health Care Services agreeing to do both of the following:

Notify the State Department of Health Care Services, in writing, when a prisoner released pursuant to this section has applied for Medi-Cal.

(ii) Notify the State Department of Health Care Services, in writing, if a prisoner released pursuant to this section, who is Medi-Cal eligible, is returned to the custody of the sheriff. (B) For the period of time that the offender would otherwise have been incarcerated:

Reimburses the State Department of Health Care Services for the nonfederal share of the Medi-Cal costs and any medical costs paid by the State Department of Health Care Services that are not reimbursable pursuant to Title XIX or XXI of the federal Social Security Act, for an offender released pursuant to this section.

(ii) Provides to the State Department of Health Care Services the nonfederal share of the state’s administrative costs associated with this section.

(2) It is the intent of the Legislature that the implementation of this section shall not result in increased costs to the General Fund.

(3) Participation in the program under this section is voluntary for purposes of all applicable federal law. This section shall be implemented only to the extent that federal financial participation for the Medi-Cal program is not jeopardized.

Before a prisoner’s compassionate release from a county jail pursuant to this section, the sheriff, or his or her designee, shall secure a placement option for the prisoner in the community and, in consultation with the county welfare department or another applicable county agency, examine the prisoner’s eligibility for federal Medicaid benefits or other medical coverage that might assist in funding the prisoner’s medical treatment while in the community.
(1) For any prisoner released pursuant to this section who is eligible for Medi-Cal, the county shall continue to pay the nonfederal share of the prisoner’s Medi-Cal costs for the period of time that the offender would have otherwise been incarcerated.

(2) For any prisoner granted compassionate release pursuant to this section who is ineligible for Medi-Cal, the county shall consider whether the prisoner has private medical insurance or sufficient income or assets to provide for his or her own medical care. If the county determines that the prisoner can provide for his or her own medical care, the county shall not be required to provide the prisoner with medical care.

This section shall not be construed as authorizing the sheriff to refuse to receive and incarcerate a defendant or sentenced individual who is not in need of immediate medical care or who has a terminal medical condition.
Notwithstanding any other law, the State Department of Health Care Services may exempt individuals released pursuant to this section from mandatory enrollment in managed health care, including county-organized health plans and, as deemed necessary by the State Department of Health Care Services, may determine the proper prior authorization process for individuals who have been released pursuant to this section.
Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2, the State Department of Health Care Services, without taking any further regulatory action, shall implement, interpret, and make specific this section by means of provider bulletins, all-county letters, manuals, or similar instructions until the time that regulations are adopted. Thereafter, the department shall adopt regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Six months after the effective date of the act that added this subdivision, the department shall provide a status update to the Legislature on its efforts to adopt the regulations. Thereafter, notwithstanding Section 10231.5, the department shall report on the status of this effort to the Legislature on an annual basis, until the regulations have been adopted.

(Amended by Stats. 2013, Ch. 23, Sec. 3. (AB 82) Effective June 27, 2013.)

26605.7.

The sheriff, or his or her designee, after conferring with the physician who has oversight for providing medical care, or the physician’s designee, may request the court to grant medical probation or to resentence a prisoner to medical probation in lieu of jail time for any prisoner sentenced to a county jail under either of the following circumstances:

(1) The prisoner is physically incapacitated with a medical condition that renders the prisoner permanently unable to perform activities of basic daily living, which has resulted in the prisoner requiring 24-hour care, if that incapacitation did not exist at the time of sentencing.

(2) The prisoner would require acute long-term inpatient rehabilitation services.

Before a prisoner’s release to medical probation, the sheriff, or his or her designee, shall secure a placement option for the prisoner in the community and, in consultation with the county welfare department or another applicable county agency, examine the prisoner’s eligibility for federal Medicaid benefits or other medical coverage that might assist in funding the prisoner’s medical treatment while in the community.
During the time on probation pursuant to this section, the probation officer or court may, at any time, request a medical reexamination of the probationer by a physician who has oversight for providing medical care to prisoners in a county jail, or the physician’s designee. If the court determines, based on that medical examination, that the probationer’s medical condition has improved to the extent that the probationer no longer qualifies for medical probation, the court may return the probationer to the custody of the sheriff.
(1) For any probationer granted medical probation pursuant to this section who is eligible for Medi-Cal, the county shall continue to pay the nonfederal share of the probationer’s Medi-Cal costs. After a probationer is released from medical probation, the county shall no longer be required to pay the nonfederal share of the Medi-Cal costs.

(2) For any probationer granted medical probation pursuant to this section who is ineligible for Medi-Cal, the county shall consider whether the probationer has private medical insurance or sufficient income or assets to provide for his or her own medical care. If the county determines that the probationer can provide for his or her own medical care, the county shall not be required to provide the probationer with medical care.

(1) This section shall be implemented only to the extent that a court sentences a person to medical probation pursuant to this section and the sheriff does both of the following: (A) Sends a letter to the State Department of Health Care Services agreeing to do both of the following:
Notify the State Department of Health Care Services, in writing, when a probationer released pursuant to this section has applied for Medi-Cal.

(ii) Notify the State Department of Health Care Services, in writing, if a probationer released pursuant to this section, who is Medi-Cal eligible, is returned to the custody of the sheriff. The chief probation officer shall notify the State Department of Health Care Services, in writing, when a Medi-Cal eligible probationer’s term of medical probation ends.

(B) For the period of time the offender is on medical probation:

Reimburses the State Department of Health Care Services for the nonfederal share of the Medi-Cal costs and any medical costs paid by the State Department of Health Care Services that are not reimbursable pursuant to Title XIX or XXI of the federal Social Security Act, for an offender released pursuant to this section.

(ii) Provides to the State Department of Health Care Services the nonfederal share of the state’s administrative costs associated with this section.

(2) It is the intent of the Legislature that the implementation of this section shall not result in increased costs to the General Fund.

Notwithstanding any other law, the State Department of Health Care Services may exempt individuals released pursuant to this section from mandatory enrollment in managed health care, including county-organized health plans and, as deemed necessary by the State Department of Health Care Services, may determine the proper prior authorization process for individuals who have been released pursuant to this section.
Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2, the State Department of Health Care Services, without taking any further regulatory action, may implement, interpret, and make specific this section by means of provider bulletins, all-county letters, manuals, or similar instructions until the time that regulations are adopted. Thereafter, the department shall adopt regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Six months after the effective date of the act that added this subdivision, the department shall provide a status update to the Legislature on its efforts to adopt the regulations. Thereafter, notwithstanding Section 10231.5, the department shall report on the status of this effort to the Legislature on an annual basis, until the regulations have been adopted.

(Amended by Stats. 2013, Ch. 23, Sec. 4. (AB 82) Effective June 27, 2013.)

26605.8.

Before implementing Sections 26605.6 and 26605.7, the county board of supervisors shall adopt a process to fund the nonfederal share of Medi-Cal costs for the period of time that a prisoner would have otherwise been incarcerated or for the period of time that a probationer is on medical probation. The county board of supervisors shall provide the State Department of Health Care Services with written notification of the process.

(Amended by Stats. 2013, Ch. 23, Sec. 5. (AB 82) Effective June 27, 2013.)

The sheriff shall endorse upon all process and notices the year, month, day, hour, and minute of reception and on payment of fees issue to the person delivering it a certificate showing the names of the parties, title of paper, and time when received.

(Added by Stats. 1947, Ch. 424.)

The sheriff shall serve all process and notices in the manner prescribed by law.

(Added by Stats. 1947, Ch. 424.)

26608.1.

The sheriff, when serving any process or notice, shall, if the instructions to the sheriff include a request for a certificate as prescribed by the Soldiers and Sailors Relief Act of 1940 as amended (50 United States Code Appendix, Section 520) make inquiry of the person served to attempt to ascertain the information required to execute a certificate as prescribed by said act. He shall then execute and deliver to the party requesting service, a certificate as provided by said act or a certificate setting forth the facts as ascertained by him.

(Added by Stats. 1963, Ch. 136.)

26608.2.

Whenever a county or city and county owns land in another county, it may request the sheriff of that county to deputize its officers or employees as deputy sheriffs so that they may perform police duties solely upon said land. The sheriff may appoint such deputies. (Added by Stats. 1965, Ch. 1743.)

26608.3.

In Shasta County, the board of supervisors by ordinance or resolution may transfer from the sheriff to the marshal of the Shasta County Superior Court the duty to serve all writs, notices, and other process issued by any state court, or other competent authority.
After adoption of the ordinance or resolution pursuant to subdivision (a), and notwithstanding any other provision of law, in Shasta County the marshal shall have the duty to serve all writs, notices, and other process issued by any state court or other competent authority, and the sheriff shall be relieved of any obligation imposed by Section 26608 and any liability imposed by Section 26663 or 26664.
Nothing in this section shall be construed as limiting the responsibility or authority of a private person or registered process server from serving process and notices in the manner prescribed by law, nor shall it limit the authority of the sheriff or any other peace officer to serve warrants of arrest or other process specifically directed by a court to the sheriff or any other peace officer.

(Amended by Stats. 2003, Ch. 62, Sec. 148. Effective January 1, 2004.)

The sheriff shall certify upon process or notices the manner and time of service, or if he fails to make service, the reason of his failure, and return the process or notices without delay.

(Added by Stats. 1947, Ch. 424.)

The sheriff of any county which maintains a jail in another county has the same control and supervision of the property, personnel, and inmates that he would have if the jail were located within the boundaries of the county which maintains it.

(Added by Stats. 1947, Ch. 424.)

The sheriff in attendance upon court shall act as the crier thereof. He shall call the parties and witnesses and all other persons bound to appear at the court and make proclamation of the opening and adjournment of the court and of any other matter under its direction. (Added by Stats. 1947, Ch. 424.)

The sheriff may supply ambulance service within the county to any person if all of the following conditions exist:

The person has been rendered so desperately ill, whether by sudden sickness or accident, that immediate hospitalization is necessary in order to save life or limb.
His condition is such that he is not able himself to arrange for ambulance transportation.
No relatives or friends provide such services.
Immediate transportation to the hospital cannot be obtained except by extending the credit of the county.
Ambulance service is not available or cannot be obtained within the time necessary in order to save life or limb from any other department, bureau, or agency of the county which is authorized by law to furnish the service.

(Added by Stats. 1947, Ch. 424.)

Notwithstanding the provisions of Section 29601 the board of supervisors in a county having a population in excess of 3,000,000 may authorize the sheriff to enforce the provisions of the Vehicle Code in the unincorporated area of such county but only upon county highways. The expense incurred by the sheriff in the performance of such duties shall be a proper county charge.

The sheriff shall, on or before the fifth day of each month, forward to the Department of the California Highway Patrol copies of all accident reports made to the sheriff’s office and all accident reports of accidents investigated by the sheriff’s office.

(Added by Stats. 1959, Ch. 2111.)

The board of supervisors of a county may authorize the sheriff to search for and rescue persons who are lost or are in danger of their lives within or in the immediate vicinity of the county. The expense incurred by the sheriff in the performance of those duties shall be a proper county charge. Authorization for search and rescue activities shall be consistent with guidelines and operating plans contained in the Search and Rescue Model Operating Plan, as developed and adopted by the Office of Emergency Services in consultation with fire protection and law enforcement service providers. The Office of Emergency Services shall make the plan available to counties and fire protection and law enforcement agencies for use and adoption by the board of supervisors and the governing boards of all search and rescue providers. If the board assigns responsibility for search and rescue activities in a manner that is inconsistent with these model operating guidelines, the board shall adopt a resolution to clarify why the local model provides better protections than the Search and Rescue Model Operating Plan, as developed by the Office of Emergency Services, to residents in need of county search and rescue services. Counties are encouraged to adopt their countywide search and rescue plans and to review them on a regular basis. A review of a countywide search and rescue plan shall include, but is not limited to, changes made to the Search and Rescue Model Operating Plan by the Office of Emergency Services. This section shall not be construed to vest any additional powers for search and rescue upon sheriffs or any other public safety agency that provides search and rescue.

(Amended by Stats. 2013, Ch. 352, Sec. 305. (AB 1317) Effective September 26, 2013.

Operative July 1, 2013, by Sec. 543 of Ch. 352.)

26614.5.

The county or city and county of residence of a person searched for or rescued by the sheriff under the authority of Section 26614 shall pay to the county or city and county conducting such search or rescue, in any case where the expenses thereof exceed one hundred dollars ($100), all of the reasonable expenses in excess of one hundred dollars ($100) of such search or rescue within 30 days after the submission of a claim therefor by the county or city and county conducting the search or rescue and the county or city and county conducting the search or rescue shall bear the remaining expense.

(Amended by Stats. 1972, Ch. 496.)

26614.6.

Notwithstanding Article 8 (commencing with Section 53150) of Chapter 1 of Part 1 of Division 2 of Title 5, whenever a county or city and county is billed for a search or rescue of one of its residents who is 16 years of age or older by another county or city and county, the county or city and county receiving the bill may in turn seek reimbursement for the actual costs incurred, including, but not limited to, the cost of operating vehicles or aircraft, the salaries of employees, and the cost of providing emergency medical services, from that resident if the need for the search or rescue necessitated the use of extraordinary methods and was caused by an intentional act in knowing violation of any federal or state law or local ordinance that resulted in a criminal conviction of that person for that act.
(1) The county or city and county shall not collect charges from those persons whom the county or city and county determines are unable to pay the charges.

(2) A county or city and county shall not bill a resident under this section more than twelve thousand dollars ($12,000), adjusted annually for inflation as measured by the percentage change in the California Consumer Price Index from January 1 of the prior year to January 1 of the current year, as determined by the Department of Industrial Relations, for a search or rescue unless the search or rescue was caused by an act described in subdivision (a) that resulted in a felony conviction of that resident under any federal or state law.

The county or city and county may only seek reimbursement as authorized by this section if the board of supervisors of that county or city and county passes an ordinance consistent with this section.

(Added by Stats. 2015, Ch. 436, Sec. 1. (AB 896) Effective January 1, 2016.)

26614.7.

Notwithstanding Article 8 (commencing with Section 53150) of Chapter 1 of Part 1 of Division 2 of Title 5, when a person 16 years of age or older is a resident of a county or city and county that conducts a search or rescue of that person, that person shall pay the county or city and county conducting the search or rescue for the actual cost incurred for the search or rescue, including, but not limited to, the cost of operating vehicles or aircraft, the salaries of employees, and the cost of providing emergency medical services, within 30 days after being billed for those charges if the need for the search or rescue necessitated the use of extraordinary methods and was caused by an intentional act in knowing violation of any federal or state law or local ordinance that resulted in a criminal conviction of that person for that act.
(1) The county or city and county shall not collect charges from those persons whom the county or city and county determines are unable to pay the charges.

The county or city and county may only seek reimbursement as authorized by this section if the board of supervisors of that county or city and county passes an ordinance consistent with this section.

(Added by Stats. 2015, Ch. 436, Sec. 2. (AB 896) Effective January 1, 2016.)

The sheriff shall maintain, or cause to be maintained, a directory of specially trained dogs or dog teams with proven ability in search and rescue operations as one of the possible methods to be used under the authority of Section 26614. The directory shall include, but not be limited to, the location and previous experience of such dog or dog teams.

(Added by Stats. 1971, Ch. 1038.)

Upon the application of a licensee under the Private Investigator and Adjuster Act (commencing with Section 7500 of the Business and Professions Code), the sheriff shall furnish such licensee with a report stating whether any employee, or proposed employee, of such licensee has ever been convicted of a crime involving moral turpitude or the illegal possession of a dangerous weapon or of a felony; provided, that the information contained in the sheriff’s report to the applying licensee shall be only a statement of whether or not a conviction of such a crime has occurred. The sheriff may charge a fee sufficient to cover the costs of furnishing such report. The application shall include:

The full name, residence address, telephone number, date and place of birth, and the social security number of the employee or proposed employee.
Three recent photographs of the employee or proposed employee of a type prescribed by the sheriff, and three classifiable sets of his fingerprints.
Such other information, evidence, statements, or documents as may be required by the sheriff.
A signed statement by the employee or proposed employee consenting to the application for such information.

(Amended by Stats. 1969, Ch. 457.)

ARTICLE 2. Prisoners’ Property [26640 - 26646] ( Article 2 added by Stats. 1947, Ch. 424. ) 26640.

The sheriff shall take charge of, safely keep, and keep a correct account of, all money and valuables found on each prisoner when delivered at the county jail. Except when otherwise ordered by a court of competent jurisdiction, the sheriff shall pay such money or sums therefrom and deliver such valuables or portions thereof as the prisoner directs and shall pay and deliver all the remainder of his money and valuables to the prisoner or to his order upon his release from the jail or to his legal representative in case of his death or legal incapacity to make decisions.

(Amended by Stats. 2014, Ch. 144, Sec. 22. (AB 1847) Effective January 1, 2015.)

When any prisoner is removed to a state hospital or to a state prison or is released to the custody of an officer of another jurisdiction, his money and valuables or the remainder shall be transmitted to the hospital or prison or entrusted to the officer for the prisoner’s account.

(Added by Stats. 1947, Ch. 424.)

The sheriff shall pay into the general fund for the use and benefit of the county any money of a prisoner or the proceeds of the sale of his or her valuables remaining unclaimed for a period of one year after his or her release, or five years after his or her death, or 120 days after a notice has been sent to his or her last known address or, in the event of his or her death, one year after a notice has been sent to his or her last known next of kin.

(Amended by Stats. 1984, Ch. 349, Sec. 1.)

When any prisoner dies or loses the legal capacity to make decisions, the sheriff shall make diligent effort to communicate the fact to friends or relatives of the prisoner, together with information on the state of the prisoner’s account.

(Amended by Stats. 2014, Ch. 144, Sec. 23. (AB 1847) Effective January 1, 2015.)

Any money and valuables of a prisoner and the accounts are subject to audit by the county auditor.

(Added by Stats. 1947, Ch. 424.)

For failure to comply with this article, the sheriff is liable on his official bond.

(Added by Stats. 1947, Ch. 424.)

The sheriff, with the approval of the county auditor, may establish bank accounts in which money received by the sheriff for bail and fines may be deposited and disbursed to the courts of proper jurisdiction. All moneys received and disbursed through such bank accounts shall be properly and uniformly accounted for under such procedures as the auditor may deem necessary.

(Added by Stats. 1969, Ch. 279.)

ARTICLE 3. Process and Notices [26660 - 26666.10] ( Article 3 added by Stats. 1947, Ch. 424. ) 26660.

As used in this title:

“Process” includes all writs, warrants, summons, and orders of courts of justice, or judicial officers.
“Notice” includes all papers and orders required to be served in any proceedings before any court, board, or officer, or when required by law to be served independently of such proceeding.

(Added by Stats. 1947, Ch. 424.)

When process or notices are returnable to another county the sheriff may enclose the process or notice in an envelope, addressed to the officer from whom it emanated, and deposit it in the post office prepaying postage.

(Added by Stats. 1947, Ch. 424.)

The return of the sheriff upon process or notices is prima facie evidence of the facts stated in the return.

(Added by Stats. 1947, Ch. 424.)

Any sheriff who does not return a process or notice in his or her possession, with the necessary endorsement thereon, without delay is liable to the person aggrieved for all actual damages sustained by him or her.

(Amended by Stats. 1996, Ch. 120, Sec. 3. Effective January 1, 1997.)

Any sheriff who neglects or refuses to perform the duties under a writ of attachment, execution, possession, or sale, after being required by the creditor’s attorney of record or, if the creditor does not have any attorney of record, by the creditor and after the sheriff’s fees have been paid or tendered, is liable to the creditor for all actual damages sustained by the creditor.

(Amended by Stats. 1982, Ch. 497, Sec. 104. Operative July 1, 1983, by Sec. 185 of Ch.

497.)

All writs, notices, or other process issued by superior courts in civil actions or proceedings may be served by any duly qualified and acting marshal or sheriff of any county in the state, subject to the Code of Civil Procedure.

(Amended by Stats. 2002, Ch. 784, Sec. 171. Effective January 1, 2003.)

Notwithstanding any other law, a marshal or sheriff, including their department or office, shall comply with this section for service of process and notice. As used in this section, “notice” has the same meaning as defined in Section 26660.
A marshal or sheriff, including their department or office, shall accept an electronic signature and shall not require an original or wet signature on a document requesting the marshal or sheriff, or their department or office, to serve court documents, or on a summons, order, or other notice to be served.

(Added by Stats. 2022, Ch. 417, Sec. 2. (AB 2791) Effective January 1, 2023.)

26666.2.

Except for the following criteria, a marshal or sheriff, including their department or office, shall not review the substance of a summons, order, or other notice:

The applicable form or forms described in Section 26666.10 are present and required sections, if any, are complete.
A case number appears on the summons, order, or other notice. Blank forms, such as responsive forms, are not required to include a case number.
An order to be served, including a restraining order, bears the signature of the judge, including, but not limited to, a stamp or other endorsement or representation of the signature of a judge, certification of a clerk, or court endorsement or seal, and the information on the order materially matches the information regarding the person to be served on the form or forms described in Section 26666.10.

(Added by Stats. 2022, Ch. 417, Sec. 3. (AB 2791) Effective January 1, 2023.)

26666.5.

A marshal or sheriff, including their department or office, shall accept transmission by email, fax, or in-person delivery of the form or forms described in Section 26666.10, and of a summons, order, or other notice to be served. Any person may deliver the forms for service to the marshal or sheriff, including their department or office, on behalf of a litigant.
(1) Subject to paragraph (2), a marshal or sheriff, including their department or office, shall not charge or collect a fee for the electronic transmission of documents described in subdivision (a) that exceeds the actual cost incurred in processing the transmission.

(2) No fee for the electronic transmission of documents shall be imposed on a litigant who has been granted a fee waiver by an order on court fee waiver or is otherwise exempt from paying fees for service of a summons, order, or other notice under any law, including, but not limited to, subdivision (y) of Section 527.6, subdivision (x) of Section 527.8, or subdivision (x) of Section 527.85 of the Code of Civil Procedure, Division 10 (commencing with Section 6200) of the Family Code, paragraph (4) of subdivision (b) of Section 6103.2, Section 26721 or 70617 of the Government Code, Section 18121 of the Penal Code, 34 U.S.C. Sec. 10450(a)(1), or 34 U.S.C. Sec. 10461(c)(1)(D).

This section shall not be construed to require a marshal or sheriff, including their department or office, to attempt service of documents prior to receipt of any fees owed pursuant to this chapter.
This section shall not be construed to impede a private process server’s rights or obligations, including, but not limited to, the ability to serve a summons, order, or other notice as requested by a client.
This section shall become operative on January 1, 2026.

(Amended (as added by Stats. 2022, Ch. 417, Sec. 5) by Stats. 2023, Ch. 131, Sec. 85. (AB 1754) Effective January 1, 2024. Operative January 1, 2026, by its own provisions.)

26666.10.

On or before January 1, 2024, the Judicial Council shall create a statewide form or forms to be used by litigants in civil actions or proceedings to request service of process or notice by a marshal or sheriff, including their department or office.
A marshal or sheriff, including their department or office, shall accept an electronic signature and shall not require an original or wet signature on the form or forms created pursuant to this section.
The Judicial Council form or forms shall do all of the following:

(1) Require the name, address, and description of the person to be served and the signature of the litigant requesting service, or their attorney of record, and may require any other pertinent information for service.

(2) Indicate on the form which fields on the form, if any, are required.

(3) Allow the litigant’s or their attorney of record’s signature to be made electronically.

Upon completion of the forms described in subdivision (a), requests to a marshal or sheriff, including their department or office, to serve a notice or other process pursuant to Section 26666 shall be made on the Judicial Council form or forms. No sheriff or marshal, including their department or office, shall require completion of a form or request other than the Judicial Council form or forms described in this section.
Pursuant to Section 7927.430, the Judicial Council form or forms and the information contained therein shall not be subject to disclosure and shall be kept confidential.

(Added by Stats. 2022, Ch. 417, Sec. 6. (AB 2791) Effective January 1, 2023.)

ARTICLE 4. Liability [26680 - 26685] ( Article 4 added by Stats. 1947, Ch. 424. ) 26680.

If on demand the sheriff neglects or refuses to pay over to the person entitled any money which comes into his or her hands by virtue of his or her office, after deducting all legal fees, the person may recover the amount owed to that person, 25 percent damages, interest at the rate of 10 percent per month from the time of demand, and costs, including reasonable attorney’s fees.

(Amended by Stats. 2010, Ch. 4, Sec. 5. (AB 680) Effective January 1, 2011.)

Whenever any action is brought against any sheriff, all deputies and employees of the sheriff employed under any civil service or merit system upon whose negligence, wilful or wrongful act, or other default the action is based are necessary parties defendant.

(Added by Stats. 1947, Ch. 424.)

ARTICLE 5. Badges [26690- 26690.] ( Article 5 added by Stats. 1947, Ch. 424. ) 26690.

The board of supervisors shall furnish the sheriff and deputy sheriffs with suitable badges of office. Upon the badge of the sheriff shall be inscribed “Sheriff,” and upon those of the deputy sheriffs shall be inscribed “Deputy Sheriff.”

(Added by Stats. 1947, Ch. 424.)

ARTICLE 7. Fees [26720 - 26751] ( Article 7 added by Stats. 1947, Ch. 424. ) 26720.

For services performed by them sheriffs shall charge and collect the fees fixed in this article.

(Added by Stats. 1947, Ch. 424.)

26720.5.

Notwithstanding Section 26720, fees otherwise payable by a litigant pursuant to this article shall be waived or, if paid, refunded, in any case in which the litigant is permitted by the court to proceed in forma pauperis under rules adopted by the Judicial Council pursuant to Section 68511.3.

This section is declaratory of existing law, and the enumeration in this section of fees to be waived shall not be construed to limit the power of the court to waive fees in other instances, as permitted or required under rules adopted by the Judicial Council pursuant to Section 68511.3.

(Added by Stats. 1980, Ch. 1372.)

26720.9.

Notwithstanding any other law, the amounts set forth in Sections 26721, 26721.1, 26725, 26728, 26734, 26742, and 26743 shall be fifty dollars ($50).

(Amended by Stats. 2023, Ch. 29, Sec. 1. (SB 564) Effective January 1, 2024.)

Except as provided in this article, the fee for serving or executing any process or notice required by law or the litigants to be served shall be the amount described in Section 26720.9, and there shall be no additional fee for substitute service when substitute service is authorized.

However, no fee shall be charged for serving an emergency protective order, protective order, or restraining order issued pursuant to Division 10 of the Family Code (the Domestic Violence Prevention Act) on a respondent who is in custody.

In any case where property has been levied upon and, pursuant to the levy, a copy of the writ of execution and a notice of levy are required by statute to be served either personally or by mail upon the judgment debtor or other person, no fee shall be charged for that service.

(Amended by Stats. 2000, Ch. 629, Sec. 2. Effective January 1, 2001.)

26721.1.

In an action for unlawful detainer, the fee for service of a summons, complaint, and prejudgment claim of right to possession pursuant to Section 415.46 of the Code of Civil Procedure shall be the amount described in Section 26720.9 for all occupants not named in the summons. The fee is not refundable.

(Amended by Stats. 2000, Ch. 629, Sec. 3. Effective January 1, 2001.)

26721.2.

For any action commenced in the superior court, the fee for the service of the summons, the complaint for which the summons is issued, and all other documents or notices required to be served with the summons and complaint, is fifty dollars ($50).
The fee for cancellation of the service of a summons prior to its completion is fifty dollars ($50).
The fee for making a not-found return on a summons certifying that the person cannot be found at the address specified is fifty dollars ($50).

(Amended by Stats. 2023, Ch. 29, Sec. 2. (SB 564) Effective January 1, 2024.)

The fee for serving, executing, or processing any writ or order where the levying officer is required to take immediate possession of the property levied upon is one hundred twenty-five dollars ($125).

(Amended by Stats. 2023, Ch. 29, Sec. 3. (SB 564) Effective January 1, 2024.)

The fee for opening a safe-deposit box pursuant to Sections 488.460 and 700.150 of the Code of Civil Procedure is one hundred seventy dollars ($170).

(Amended by Stats. 2023, Ch. 29, Sec. 4. (SB 564) Effective January 1, 2024.)

The fee for serving, executing, or processing a writ of attachment, writ of execution, writ of sale, or order on real estate, as to the initial service or posting of a continuous unbroken parcel or tract, and the fee for serving a record owner other than the defendant shall be the amount described in Section 26720.9.

(Amended by Stats. 2000, Ch. 629, Sec. 5. Effective January 1, 2001.)

26725.1.

The fee for serving or posting any additionally required notices or orders on other parcels is twenty-five dollars ($25) each.

(Amended by Stats. 2023, Ch. 29, Sec. 5. (SB 564) Effective January 1, 2024.)

The fee for keeping and caring for property under a writ of attachment, execution, possession, or sale is one hundred seventy-five dollars ($175) when necessarily employed for any eight-hour period or any part thereof. If an additional keeper or keepers are required during these periods, the fee for the additional keeper or keepers shall be the same as fixed, but, in no event shall any one keeper receive more than three hundred fifty dollars ($350) during any 24-hour period when so employed.
In addition to the fees provided by Section 26721, the fee for maintaining custody of property under levy by the use of a keeper is fifty dollars ($50) for each day custody is maintained after the first day.
Notwithstanding any other fee charged, a keeper shall receive seventy-five dollars ($75) when, pursuant to Section 26738, a levying officer prepares a not-found return.

(Amended by Stats. 2023, Ch. 29, Sec. 6. (SB 564) Effective January 1, 2024.)

The fee for a copy of any writ, process, paper, order, or notice actually made by the sheriff when required or demanded is one dollar and twenty-five cents ($1.25) per page, except that when correct copies are furnished to the sheriff for use no charge shall be made for those copies.

(Amended by Stats. 2023, Ch. 29, Sec. 7. (SB 564) Effective January 1, 2024.)

The fee for preparing and posting the initial notice of personal property sale under a writ of attachment, execution, or sale or order of court shall be the amount described in Section 26720.9.

(Amended by Stats. 2000, Ch. 629, Sec. 7. Effective January 1, 2001.)

26728.1.

The fee for preparing and posting additionally required notices of personal property sales is nineteen dollars ($19) each.

(Amended by Stats. 2023, Ch. 29, Sec. 8. (SB 564) Effective January 1, 2024.)

The fee for furnishing a notice for publication is nineteen dollars ($19).

(Amended by Stats. 2023, Ch. 29, Sec. 9. (SB 564) Effective January 1, 2024.)

The fee for conducting or postponing the sale of real or personal property as required by law or the litigant is one hundred ten dollars ($110).

(Amended by Stats. 2023, Ch. 29, Sec. 10. (SB 564) Effective January 1, 2024.)

Twenty-two dollars ($22) of any fee collected by the sheriff’s civil division or marshal under Sections 26721, 26722, 26725, 26726, 26728, 26730, 26733.5, 26734, 26736, 26738, 26742, 26743, 26744, and 26750 shall be deposited in a special fund in the county treasury. A separate accounting of funds deposited shall be maintained for each depositor, and funds deposited shall be for the exclusive use of the sheriff’s civil division or marshal.
Ninety-five percent of the moneys in the special fund shall be expended to supplement the costs of the depositor for the implementation, maintenance, and purchase of auxiliary equipment and furnishings for automated systems or other nonautomated operational equipment and furnishings deemed necessary by the sheriff’s civil division or marshal. Five percent of the moneys in the special fund shall be used to supplement the expenses of the sheriff’s civil division or marshal in administering the funds.

(Amended by Stats. 2023, Ch. 29, Sec. 11. (SB 564) Effective January 1, 2024.)

The fee for publication of a notice in a newspaper is the reasonable cost of the publication. (Amended by Stats. 1951, Ch. 1114.)

26733.5.

The fee for serving a writ of possession of real property on an occupant or the occupants or for posting and serving a copy on the judgment debtor is one hundred five dollars ($105). The additional fee for removing an occupant or occupants from the premises and putting a person in possession of the premises is seventy-five dollars ($75). The fee for reposting a notice to vacate shall be pursuant to Section 26721.

(Amended by Stats. 2023, Ch. 29, Sec. 12. (SB 564) Effective January 1, 2024.)

The fee for making a levy on personal property already in possession of the officer who is holding it under attachment in the same action shall be the amount described in Section 26720.9.

(Amended by Stats. 2000, Ch. 629, Sec. 10. Effective January 1, 2001.)

The fee for cancellation of the service or execution of any process or notice, other than a summons, prior to its completion is fifty dollars ($50). The fee provided by this section shall not be charged if a fee is charged pursuant to any other section of this article in attempting to serve or execute the process or notice.

(Amended by Stats. 2023, Ch. 29, Sec. 13. (SB 564) Effective January 1, 2024.)

The fee for making a not-found return on an affidavit and order, order for appearance, subpoena, writ of attachment, writ of execution, writ of possession, order for delivery of personal property, or other process or notice required to be served, certifying that the person or property cannot be found at the address specified is fifty dollars ($50).

(Amended by Stats. 2023, Ch. 29, Sec. 14. (SB 564) Effective January 1, 2024.)

The fee for the execution and delivery of a deed or certificate of redemption is nineteen dollars ($19).

(Amended by Stats. 2023, Ch. 29, Sec. 15. (SB 564) Effective January 1, 2024.)

The fee for executing and delivering a certificate or deed of sale is nineteen dollars ($19). (Amended by Stats. 2023, Ch. 29, Sec. 16. (SB 564) Effective January 1, 2024.)

The fee for executing and delivering any other instrument shall be the amount described in Section 26720.9.

(Amended by Stats. 2000, Ch. 629, Sec. 13. Effective January 1, 2001.)

The fee for subpoenaing a witness, including a copy of the subpoena and any affidavit required to be served therewith, shall be the amount described in Section 26720.9.

(Amended by Stats. 2000, Ch. 629, Sec. 14. Effective January 1, 2001.)

The fee for serving or executing a bench warrant arising from an order of appearance issued under subparagraph (A) of paragraph (1) of subdivision (a) of Section 491.160 or subparagraph (A) of paragraph (1) of subdivision (a) of Section 708.170 of the Code of Civil Procedure is fifty dollars ($50).

(Amended by Stats. 2006, Ch. 277, Sec. 4. Effective January 1, 2007.)

26744.5.

The fees for processing a warrant issued pursuant to Section 1993 of the Code of Civil Procedure shall be paid by the moving party, as follows:

(1) Fifty dollars ($50) to receive and process the warrant, which shall include the issuance and mailing of a notice advising the person to be arrested of the issuance of the warrant and demanding that the person appear in court.

(2) Fifty dollars ($50) to cancel the service of the warrant.

(3) One hundred five dollars ($105) if unable to find the person at the address specified using due diligence.

(4) One hundred twenty-five dollars ($125) to arrest the person, which shall include the arrest and release of the person on a promise to appear pursuant to Section 1993.2 of the Code of Civil Procedure.

The in forma pauperis fee waiver provisions under Rules 3.50 to 3.58, inclusive, of the California Rules of Court shall apply to the collection of fees under this section.

(Amended by Stats. 2023, Ch. 29, Sec. 17. (SB 564) Effective January 1, 2024.)

The fee for summoning a trial jury of 12 or less is two dollars ($2), and for each additional juror, ten cents ($0.10).

(Added by Stats. 1947, Ch. 424.)

In addition to any other fees required by law, a processing fee of fifteen dollars ($15) shall be assessed for each disbursement of money collected under a writ of attachment, execution, possession, or sale, but excluding any action by the local child support agency for the establishment or enforcement of a child support obligation. The fee shall be collected from the judgment debtor in addition to, and in the same manner as, the moneys collected under the writ. All proceeds of this fee shall be deposited in a special fund in the county treasury. A separate accounting of funds deposited shall be maintained for each depositor, and funds deposited shall be for the exclusive use of the depositor.
The special fund shall be expended to supplement the county’s cost for vehicle fleet replacement and equipment, maintenance, and civil process operations, including data systems and consultant services.
A processing fee shall not be charged pursuant to this section if the only disbursement is the return of the judgment creditor’s deposit for costs.

(Amended by Stats. 2023, Ch. 29, Sec. 18. (SB 564) Effective January 1, 2024.)

26746.1.

A twenty-five-dollar ($25) fee shall be assessed by the sheriff or marshal for certification of correction on each citation that requires inspection for proof of correction of any violation pursuant to Section 40616 of the Vehicle Code.
All proceeds of the fee shall be deposited in a special fund in the county treasury. A separate accounting of funds deposited shall be maintained for each depositor, and funds deposited shall be for the exclusive use of the sheriff’s civil division or marshal.
Ninety-five percent of the moneys in the special fund shall be expended to supplement the costs of the depositor for the implementation, maintenance, and purchase of auxiliary equipment and furnishings for automated systems or other nonautomated operational equipment and furnishings deemed necessary by the sheriff’s civil division or marshal. Five percent of the moneys in the special fund shall be used to supplement the expenses of the sheriff’s civil division or marshal in administering the funds.

(Amended by Stats. 2023, Ch. 29, Sec. 19. (SB 564) Effective January 1, 2024.)

For transporting prisoners to the county jail, the sheriff shall charge the actual cost of such transportation.

(Added by Stats. 1947, Ch. 424.)

In addition to the fees provided by this article, the sheriff may collect from the litigant or person requiring his services, his actual expenses for inspection, checking, releasing, or any other handling of property under his custody, charge, or keeping pursuant to any process, writ, order, paper, or notice, and actual postal charges paid for mailing by registered mail or certified mail any notice or demand required or authorized by law to be sent by registered mail or certified mail.

(Amended by Stats. 1975, Ch. 368.)

The sheriff shall receive expenses necessarily incurred in conveying persons to and from the state hospitals and in conveying persons to and from the state prisons or other state institutions, or to other destinations for the purpose of deportation to other states, or in advancing actual traveling expenses to any person committed to a state institution who is permitted to report to an institution without escort, which expenses shall be allowed as provided by Chapter 6 (commencing with Section 4750) of Title 5 of Part 3 of the Penal Code for cases subject to that chapter, and, otherwise, by the Department of General Services and paid by the state.

(Amended by Stats. 2016, Ch. 31, Sec. 153. (SB 836) Effective June 27, 2016.)

The fee for serving an earnings withholding order under the Wage Garnishment Law (Chapter 5 (commencing with Section 706.010) of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure), including, but not limited to, the costs of postage or traveling, and for performing all other duties of the levying officer under that law with respect to the levy shall be forty-five-dollars ($45).
Except as provided in Section 26746, the levying officer shall not charge additional fees, costs, or expenses for performing the duties under the Wage Garnishment Law (Chapter 5 (commencing with Section 706.010) of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure).

(Amended by Stats. 2023, Ch. 29, Sec. 20. (SB 564) Effective January 1, 2024.)

After possession is taken of any vehicle by or on behalf of any legal owner thereof under the terms of a security agreement or lease agreement, the debtor shall pay the sheriff a fee of fifteen dollars ($15) for the receipt and filing of the report of repossession pursuant to Section 28 of the Vehicle Code before the vehicle may be redeemed by the debtor. Except as provided herein, any person in possession of the vehicle shall not release it to the debtor without first obtaining proof of payment of the fee to the sheriff. At the request of the debtor, a person in possession of the vehicle, or the legal owner, may also release the vehicle to the debtor provided the debtor pays the fifteen dollar ($15) fee, plus an administrative fee not to exceed five dollars ($5), to the person in possession or the legal owner, who shall transmit the fifteen dollar ($15) fee to the sheriff within three business days. The failure to transmit the fee within three business days shall subject the person in possession or legal owner receiving the fee from the debtor to a fine of fifty dollars ($50). The proof of payment, or a copy thereof, shall be retained by the party releasing possession to the debtor for the period required by law, and the party releasing possession shall provide a copy of the proof of payment to the debtor upon request of the debtor.

(Amended (as added by Stats. 1993, Ch. 1269) by Stats. 1994, Ch. 1114, Sec. 7. Effective January 1, 1995.)

ARTICLE 8. Transportation of Prisoners [26775 - 26778] ( Article 8 added by Stats. 1963, Ch. 1138. ) 26775.

The boards of supervisors of two or more counties may enter into a contract pursuant to this article.

(Added by Stats. 1963, Ch. 1138.)

The contract may provide, with respect to any situation in which, under the law, a sheriff is authorized to transport a prisoner from the sheriff’s own county to a point in another county, or is authorized to take a prisoner into custody in another county and transport him to the sheriff’s own county, that a sheriff of either of the contracting counties shall perform such function.

(Added by Stats. 1963, Ch. 1138.)

In any case in which a sheriff, acting pursuant to a contract entered into under this article, takes a prisoner into custody and transports him, such action shall be deemed lawful to the same extent as if he were the sheriff for whom he is performing such service.

(Added by Stats. 1963, Ch. 1138.)

A contract entered into under this article shall provide for compensation to the county whose sheriff is performing the service by the county for whose sheriff the service is performed, in an amount approximating the cost of the service.

(Added by Stats. 1963, Ch. 1138.)

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