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TITLE II.

County Jails.

County jails, by whom kept and for what used.
Rooms required in county jails.

Prisoners to be classified.

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Receipts for property taken from persons arrested.
Prisoners committed must be actually confined.

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1600. 1601.

1602.

Sheriff to receive prisoners committed by United States courts.
Sheriff or jailer answerable for safe-keeping of such prison-

ers.

When jail in contiguous county may be used.

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Keeper of jail in contiguous county to receive prisoners.
When jail in contiguous county is not to be used.
Prisoners to be returned to proper county.

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Prisoners may be removed in case of fire.

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Prisoners may be removed in case of pestilence.
Papers served on jailer for prisoner.

§ 1610.

Guard for jail.

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§ 1612. § 1613. § 1614.

Prisoners on civil process, when not to be received.
Prisoners may be required to labor.

Rules and regulations for the performance of labor. Credits for good behavior of prisoner confined in county jail. §1615. Hair-cutting for sanitary purposes.

§ 1616. Care of femalo prisoners in county jails.

§ 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 con. tempt, 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.

School of industry at Ione, acts relating to: See Gen. Laws, tit. "School of Industry."

School of reform at Whittier, acts relating to: See Gen. Laws, tit. "School of Reform."

California Jurisprudence: See article Prisons and Prisoners.

Legislation § 1597. Enacted February 14, 1872; based on Stats. 1851, p. 192, § 17, which read: "§ 17. The county jail shall be kept by the sheriff and used as a prison. 1st. For the detention of persons committed as witnesses in a criminal action. 2d. For the detention of persons committed for trial for a public offense. 3d. For the confinement of persons committed upon civil process: and 4th. For the confinement of persons sentenced to confinement therein,

upon conviction for a public offense, or for examination, charged with having committed a public offense."

§ 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.

Males and females to be separated: See post, § 1599.

California Jurisprudence: See article Prisons and Prisoners. Legislation § 1598. Enacted February 14, 1872; based on Stats. 1851, p. 192, § 19, which read: "§ 19. The court of sessions of the county shall cause a county jail to be erected at the county seat, in case such jail has not been already erected, or shall provide some suitable place for the safe-keeping of prisoners, which place, until the erection of a jail, is considered in this act as the county jail The county jail, or the place provided as such shall contain a sufficient number of rooms: 1st. For the confinement of persons committed for trial in criminal actions, separate and distinct from prisoners under sentence. 2d. For the confinement of prisoners under sentence. 3d. For the confinement of persons committed on civil process, or as witnesses in criminal actions, separate from those mentioned in the last two subdivisions."

§ 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.

California Jurisprudence: See article Prisons and Prisoners.

Legislation § 1599. Enacted February 14, 1872; in substance the same as Stats. 1851, p. 193, § 20.

§ 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.

Receipts for money or property taken from arrested person: See ante, § 1412.

Legislation § 1599a. Added by Stats. 1923, p. 441.

§ 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.

California Jurisprudence: See article Prisons and Prisoners.

Legislation § 1600. Enacted February 14, 1872; in substance the same as Stats. 1851, p. 194, § 32.

§ 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.

California Jurisprudence: See article Prisons and Prisoners.

Legislation § 1601. Enacted February 14, 1872; in substance the same as Stats. 1851, p. 196, § 41.

§ 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.

California Jurisprudence: See article Prisons and Prisoners.

Legislation § 1602. Enacted February 14, 1872; in substance the same as Stats. 1851, p. 196, § 42.

§ 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. [Amendment approved 1905; Stats. 1905, p. 709.]

California Jurisprudence: See article Prisons and Prisoners. Legislation § 1603. 1. Enacted February 14, 1872; in substance the same as Stats. 1851, p. 193, § 21. When enacted in 1872, § 1603 read: "1603. When there is no jail in the county, or when the jail becomes unfit or unsafe for the confinement of prisoners, the county judge may, by a written appointment filed with the county clerk, designate the jail of a contiguous county for the confinement of the

prisoners of his county, or of on

modify or annul th

2. Amendment by

§ 5, ante.

3. Amended by S

$1604. Keeper prisoners. A copy county clerk, must the jail designated, oners authorized to last section, and wh the persons so comp same extent as if h use his jail is design so committed he is c which they were rem

acle Prisons and Prisoners.

California Jurisprude Legislation § 1604. Enacted February 14, 1872; in substance the same as Stats. 1851, p. 193, § 22.

§ 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. [Amendment approved 1905; Stats. 1905, p. 710.]

California Jurisprudence: See article Prisons and Prisoners. Legislation § 1605. 1. Enacted February 14, 1872; in substance the same as Stats. 1851, p. 193, § 23.

2. Amendment by Stats. 1901, p. 503; unconstitutional. See note, § 5, ante.

3. Amended by Stats. 1905, p. 710, changing (1) "in the county" to "in a county," and (2) "county judge" to "judge of the superior court."

§ 1606. Prisoners to be returned to proper county. The county clerk must immediately serve 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.

California Jurisprudence: See article Prisons and Prisoners.

Legislation § 1606. Enacted February 14, 1872; in substance the same as Stats. 1851, p. 193, § 24.

§ 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

fe and convenient place, and there confine them as it may be necessary to avoid the danger.

'ornia Jurisprudence: See article Prisons and Prisoners. зlation § 1607. Enacted February 14, 1872; in substance the s Stats. 1851, p. 193, § 25.

. Prisoners may be removed in case of pestilence. pestilence or contagious disease breaks out in or jail, and the physician thereof certifies that it is endanger the health of the prisoners, the county y, by a written appointment, designate a safe and at place in the county, or the jail in a contiguous s the place of their confinement. The appointment iled in the office of the county clerk, and authorize f to remove the prisoners to the place or jail desigd there confine them until they can be safely remed to the jail from which they were taken.

California Jurisprudence: See article Prisons and Prisoners. Legislation § 1608. Enacted February 14, 1872; in substance the same as Stats. 1851, p. 193, § 26.

§ 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.

California Jurisprudence: See article Prisons and Prisoners.

Legislation § 1609. Enacted February 14, 1872; in substance the same as Stats. 1851, p. 194, § 28.

§ 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. California Jurisprudence: See article Prisons and Prisoners. Legislation § 1610. Enacted February 14, 1872; in substance the same as Stats. 1851, p. 194, § 29.

§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.

California Jurisprudence: See article Prisons and Prisoners.

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