Jurris.COM
Article 1. Duties of California Government Code >> Division 2. >> Title 3. >> Part 3. >> Chapter 2. >> Article 1.
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.
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.
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.
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.
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.
Notwithstanding any other provision of law, no deputy
sheriff shall be required to become a custodial or other officer
involuntarily.
(a) 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.
(b) 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.
(c) 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.
(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.
(b) 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.
(c) 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.
(a) 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.
(b) 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.
(c) (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:
(i) 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:
(i) 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.
(d) 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.
(e) (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.
(f) 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.
(g) 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.
(h) 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.
(b) 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.
(c) (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:
(i) 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:
(i) 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.
(d) 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.
(e) (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.
(f) 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.
(g) 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.
(h) 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.
(a) 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.
(b) 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.
(c) 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.
(d) (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.
(e) (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:
(i) 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:
(i) 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.
(f) 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.
(g) 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.
(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.
(b) 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.
(c) 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.
(d) (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.
(e) (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:
(i) 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:
(i) 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.
(f) 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.
(g) 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.
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.
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.
The sheriff shall serve all process and notices in the
manner prescribed by law.
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.
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.
(a) 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.
(b) 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.
(c) 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.
(b) 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.
(c) 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.
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.
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.
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.
The sheriff may supply ambulance service within the county
to any person if all of the following conditions exist:
(a) 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.
(b) His condition is such that he is not able himself to arrange for ambulance transportation.
(c) No relatives or friends provide such services.
(d) Immediate transportation to the hospital cannot be obtained except by extending the credit of the county.
(e) 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.
(a) 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.
(b) His condition is such that he is not able himself to arrange for ambulance transportation.
(c) No relatives or friends provide such services.
(d) Immediate transportation to the hospital cannot be obtained except by extending the credit of the county.
(e) 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.
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.
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.
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.
(a) 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.
(b) (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.
(c) 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.
(b) (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.
(c) 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.
(a) 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.
(b) (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.
(c) 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.
(b) (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.
(c) 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.
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.
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:
(a) The full name, residence address, telephone number, date and place of birth, and the social security number of the employee or proposed employee.
(b) Three recent photographs of the employee or proposed employee of a type prescribed by the sheriff, and three classifiable sets of his fingerprints.
(c) Such other information, evidence, statements, or documents as may be required by the sheriff.
(d) A signed statement by the employee or proposed employee consenting to the application for such information.
(a) The full name, residence address, telephone number, date and place of birth, and the social security number of the employee or proposed employee.
(b) Three recent photographs of the employee or proposed employee of a type prescribed by the sheriff, and three classifiable sets of his fingerprints.
(c) Such other information, evidence, statements, or documents as may be required by the sheriff.
(d) A signed statement by the employee or proposed employee consenting to the application for such information.
