Section 4004 Of Chapter 1. County Jails From California Penal Code >> Title 4. >> Part 3. >> Chapter 1.
4004
. A prisoner committed to the county jail for examination, or
upon conviction for a public offense, must be actually confined in
the jail until legally discharged; and if the prisoner is permitted
to go at large out of the jail, except by virtue of a legal order or
process, it is an escape; provided, however, that during the pendency
of a criminal proceeding, the court before which said proceeding is
pending may make a legal order, good cause appearing therefor, for
the removal of the prisoner from the county jail in custody of the
sheriff. In courts where there is a marshal, the marshal shall
maintain custody of such prisoner while the prisoner is in the court
facility pursuant to such court order. The superior court of the
county may make a legal order, good cause appearing therefor, for the
removal of prisoners confined in the county jail, after conviction,
in the custody of the sheriff.
If facilities are no longer available in the county jail due to
crowded conditions, a sheriff may transfer a person committed to the
county jail upon conviction for a public offense to facilities which
are available in the city jail, as provided for in Section 4004.5.