Article XXV — SHERIFF

---

*Cross reference(s) -- Definitions, § 20 et seq.; general rules, § 50 et seq.

---

SEC. 440. SALE OF UNCLAIMED PROPERTY IN POSSESSION OF THE SHERIFF.

After being held for at least four months, the Sheriff shall cause to be published once in a newspaper of general circulation published in the County at least five days before the time fixed therefore, notice that all unclaimed property in the Sheriff's possession, except deadly weapons and property excepted pursuant to Section 440.1, will, at the discretion of the Sheriff, be transferred to the Purchasing Agent for sale to the public; said notice shall contain a general description of the types of property, and shall state the date of the transfer for sale. The Purchasing Agent shall thereafter sell said property at public sale after notice by publication once in a newspaper of general circulation published in the County or posted on the County's web site stating the time and date of such sale, and all monies received from such sale shall be deposited in the General Fund of the County. If the Purchasing Agent, with the concurrence of the Sheriff, determines that any such property transferred for sale is needed for a public use, such property may be retained and need not be sold.

(Amended by Ord. No. 1927 (N.S.), adopted 7-28-59; amended by Ord. No. 3679 (N.S.), adopted 4-27-71; amended by Ord. No. 3871 (N.S.), effective 5-11-72; amended by Ord. No. 4314 (N.S.), effective 6-20-74; amended by Ord. No. 9837, effective 4-12-07; amended by Ord. No. 10242 (N.S.), effective 2-7-13; amended by Ord. No. 10644 (N.S.), effective 2-13- 20)

Cross reference(s) -- Lost or abandoned personal property, § 65.

There shall be excepted from the provision of Section 440 bicycles and toys. After being held for at least three months, the Sheriff may turn over to any charitable or nonprofit organization any bicycles and toys, or both, coming into the Sheriff’s possession where no owner thereof can be found.

(Added by Ord. No. 2372 (N.S.), adopted 5-29-62; amended by Ord. No. 4314 (N.S.), effective 6-20-74; amended by Ord. No. 4558 (N.S.), effective 9-18-75; Ord. No. 4558 (N.S.), repealed by Ord. No. 4578 (N.S.), effective 11-13-75, and Section 440.1 reenacted by Ord. No. 4579 (N.S.), effective 11-13-75; amended by Ord. No. 10242 (N.S.), effective 2-7-13; amended by Ord. No. 10644 (N.S.), effective 2-13-20)

SEC. 441. [RESERVED.]

(Repealed by Ord. No. 4558 (N.S.), effective 9-18-75; Ord. No. 4558 (N.S.), repealed by Ord. No. 4578 (N.S.), effective 11- 13-75, and Section 441 reenacted by Ord. No. 4579 (N.S.), effective 11-13-75; repealed by Ord. No. 10242 (N.S.), effective 2-7-13)

Every person who commits any of the following acts shall be guilty of a misdemeanor: who is found in any jail in the County of San Diego under the influence of intoxicating liquor or any drug or any substance defined as a poison in Schedule C of Section 4240 of the Business and Professions Code. "Poison," as used in this chapter, refers to a category of hazardous substances defined in Section 108125 of the Health and Safety Code. The Board of Supervisors may by regulation make the category more specific.

(Added by Ord. No. 3750 (N.S.), effective 10-7-71; repealed by Ord. No. 4558 (N.S.), effective 9-18-75; Ord. No. 4558 (N.S.), repealed by Ord. No. 4578 (N.S.), effective 11-13-75, and Section 441.1 reenacted by Ord. No. 4579 (N.S.), effective 11-13-75; amended by Ord. No. 10242 (N.S.), effective 2-7-13; amended by Ord. No. 10644 (N.S.), effective 2-13-20)

State law reference(s)--Poison defined, Business and Professions Code, § 4240.

(Added by Ord. No. 6474 (N.S.), effective 12-30-82, operative 1-1-83; amended by Ord. No. 7213 (N.S.), effective 11-6-86;

amended by Ord. No. 7407 (N.S.), effective 12-10-87; amended by Ord. No. 7657 (N.S.), effective 8-31-89; amended by Ord. No. 7900 (N.S.), effective 5-30-91; amended by Ord. No. 7910 (N.S.), effective 6-27-91; amended by Ord. No. 8011 (N.S.), effective 12-26-91; amended by Ord. No. 8138 (N.S.), effective 10-8-92; amended by Ord. No. 8369 (N.S.), effective 4-21-94; amended by Ord. No. 8597 (N.S.), effective 11-2-95; amended by Ord. No. 8717 (N.S.), effective 9-19-96; amended by Ord. No. 8828 (N.S.), effective 9-23-97; amended by Ord. No. 10242 (N.S.), effective 2-7-13; amended by Ord. No. 10489 (N.S.), effective 7-27-17; repealed by Ord. No. 10810 (N.S.), effective 11-24-22)

State law reference(s) -- Fees to be paid, Penal Code, § 1203.1c.

SEC. 442. OPERATION OF PRESCRIPTION DRUG DROP BOXES.

In accordance with the purpose and provisions of Title 21 Code of Federal Regulations section 1301.24(a)(2), or any applicable successor provision of Federal law, the Sheriff is authorized to possess pharmaceutical controlled substances in the performance of his duties.

(Added by Ord. No. 10058 (N.S.), effective 7-22-10; amended by Ord. No. 10242 (N.S.), effective 2-7-13; amended by Ord. No. 10644 (N.S.), effective 2-13-20)

SEC. 443. [RESERVED.]

(Added by Ord. No. 10327 (N.S.), effective 2-25-14; repealed by Ord. No. 10644 (N.S.), effective 2-13-20)

SEC. 444. RESERVE OFFICERS’ REIMBURSEMENT FOR UNIFORMS, EQUIPMENT AND CLOTHING AND ACQUISITION OF UNIFORMS AND EQUIPMENT FOR VOLUNTEER PATROL MEMBERS.

The Sheriff is hereby authorized to reimburse a Reserve Deputy for uniform and equipment expenses up to $450 per calendar year. In addition, whenever a Reserve Deputy or Sheriff's Explorer Scout is directed by the Sheriff to perform voluntary service during a law enforcement or rescue mission and while so serving suffers damage to articles of clothing or equipment necessarily worn or carried on said mission, he may be reimbursed for such loss under the limitations and procedure prescribed in Section 79.1 of this Code.

The Sheriff is hereby authorized to purchase the necessary uniforms and equipment for department volunteers. Volunteer patrol members perform a voluntary service to ensure the safety of the public and require uniforms and equipment to carry out their duties.

(Added by Ord. No. 2213 (N.S.), adopted 5-9-71; repealed and Section 444.2 renumbered and retitled Section 444 by Ord. No. 3707 (N.S.), adopted 6-29-71; amended by Ord. No. 7308 (N.S.), effective 7-2-87; amended by Ord. No. 9069, effective 9-2-99; amended by Ord. No. 10242 (N.S.), effective 2-7-13; amended by Ord. No. 10644 (N.S.), effective 2-13-20)

Cross reference(s) -- Repair or replacement of employees’ personal property, § 79.1.

(Added by Ord. No. 2213 (N.S.), adopted 5-9-61; repealed by Ord. No. 3707 (N.S.), adopted 6-29-71)

(Renumbered and retitled Section 444 by Ord. No. 3707 (N.S.), adopted 6-29-71)

SEC. 445. LETTERS OF REFERENCE, FINGERPRINTING SERVICES, FEES.

Within the limitations of his personnel the Sheriff may prepare such documents as letters of reference for persons obtaining Mexican hunting licenses, visa letters, and copies of reports or records maintained in his office. The Sheriff may provide fingerprinting service for private individuals. For such documents so prepared and for fingerprinting services the Sheriff shall collect such fees as may be prescribed by the Board of Supervisors.

(Added by Ord. No. 2439 (N.S.), adopted 10-23-62; amended by Ord. No. 6715 (N.S.), effective 2-17-84; amended by Ord. No. 10242 (N.S.), effective 2-7-13; amended by Ord. No. 10644 (N.S.), effective 2-13-20)

No fees shall be charged by the Sheriff under Section 445 where exemption is provided by Chapter 2 of Division 7, Title 1 of the Government Code, and no fees shall be charged to any federal, state, county, municipality, district or other political subdivision, or any department thereof, any governmental agency or any public officer, ward or body acting in its official capacity except in excess of one copy.

(Added by Ord. No. 2439 (N.S.), adopted 10-23-62; amended by Ord. No. 10242 (N.S.), effective 2-7-13; amended by Ord. No. 10644 (N.S.), effective 2-13-20)

(Added by Ord. No. 4550 (N.S.), effective 8-28-75; amended by Ord. No. 6715 (N.S.), effective 2-17-84; repealed by Ord. No. 10242 (N.S.), effective 2-7-13)

FROM CONVICTED PERSONS.

The fee for copies of crime reports and accident reports involving accidents caused by persons under the influence of drugs or alcohol shall be waived for persons requesting such reports who are identified in the reports as victims. The Sheriff may require persons seeking the waiver of such fees to reasonably identify themselves.

The Sheriff shall notify the District Attorney of cases where the fee has been waived for a victim and the report specifies the person or persons suspected of causing damage to the victim or the victim's property by violating the law. The notification from the Sheriff to the District Attorney shall contain the name of the victim and the names of the suspect or suspects specified in the report.

In cases where the suspect or suspects are subsequently convicted of a violation of law, the District Attorney may take all reasonable measures to have the convicted person or persons required to reimburse the County of San Diego for the revenue not collected from the victim by the County because of the fee waiver. Where a convicted person is required to reimburse the County for all or part of the waived fees, whether the requirement is imposed as a condition of probation, by court order, or in some other manner, the Chief Probation Officer and the Auditor and Controller may take all reasonable steps necessary to effect payment.

(Added by Ord. No. 8382 (N.S.), effective 4-28-94; amended by Ord. No. 10242 (N.S.), effective 2-7-13; amended by Ord. No. 10644 (N.S.), effective 2-13-20)

SEC. 446. GRAFFITI DIVERSION PROGRAM.

The Sheriff, in lieu of requesting the filing of a petition to declare a minor to be a ward of the juvenile court pursuant to Welfare and Institutions Code section 602, may allow minors charged with a violation of Penal Code section 594 in the unincorporated areas of the County of San Diego to perform such community service as the Sheriff deems appropriate. Reasonable effort shall be made by the Sheriff to assign the minor to community service which includes graffiti removal or restoration of vandalized property. The community service shall be performed under the supervision of the Sheriff, the Chief Probation Officer, or a community service provider, including other governmental entities, approved by the Sheriff. The Sheriff where appropriate, may condition a minor‘s participation in the community service program on performance of at least 30 hours of community service, and on the attendance during all of the required hours of required community service of at least one parent or guardian having physical custody of the minor. In addition, the Sheriff may condition a minor’s participation in the community service program on any or all of the following:

(a) Restitution to the graffiti victim in an amount equal to the economic loss suffered by the victim as the result of the violation of Penal Code section 594, such restitution to be paid by the minor or the minor‘s parents or guardians;

(b) Payment to the County of San Diego to reimburse the cost of any reward, not to exceed five hundred dollars ($500), paid out by the County for information leading to the arrest of the minor, such reward restitution to be paid by the minor or the minor’s parents or guardians; and

(c) Payment to the County to reimburse the County for the cost of workers‘ compensation insurance coverage for the minor during the minor’s community service, such insurance cost to be paid by the minor or the minor‘s parent or guardians.

The Sheriff may waive the payment of the reimbursement or any part thereof specified in subsection (a) through (c) above for good cause, including, but not limited to, the inability of the minor or the minor’s parents or guardians to pay the reimbursement.

(Added by Ord. No. 8311 (N.S.), effective 10-28-93; amended by Ord. No. 8854 (N.S.), effective 12-9-97; amended by Ord. No. 10242 (N.S.), effective 2-7-13; amended by Ord. No. 10644 (N.S.), effective 2-13-20)

SEC. 447. SEARCHES AND RESCUES; EXPENSES.

(a) The Sheriff of the County has search and rescue responsibility when any person is lost, missing, stranded, or in danger of losing his or her life in any Contract City or unincorporated area of the county, including any wilderness and rural environment.

(b) The Sheriff may transfer all or part of the search and rescue responsibility to another agency or jurisdiction through a written agreement.

(c) Any expense incurred by the Sheriff in performance of search and rescue responsibilities shall be a proper county

charge.

(d) As used in this section, "search and rescue" means rescuing, and searching for and rescuing, any person who is lost missing, stranded, or in danger of losing his or her life in incidents including, but not limited to swift-water, flood and underwater rescue, mine and cave rescue, technical rope rescue, and missing or downed aircraft.

(Added by Ord. No. 9492 (N.S.), effective 9-12-02; amended by Ord. No. 10242 (N.S.), effective 2-7-13; amended by Ord. No. 10644 (N.S.), effective 2-13-20)

ACCOUNT VIA THE SHERIFF'S COMMISSARY WEBSITE AND PRE-PAID DEBIT CARDS TO BE ISSUED UPON FINAL RELEASE.

(a) For all transactions made through the Sheriff's Commissary website (https://www.sdsheriffcommissary.com), including deposits to an incarcerated person's account and gift packs, a fee of $3.90 per transaction will be assessed. This fee will be deposited in the Sheriff's Jail Store Enterprise Fund.

(b) Fees associated with issued pre-paid debit cards to incarcerated persons upon release from custody. There is no charge to issue the debit card or for the incarcerated person to withdraw their balance by using the card to make a purchase and selecting the option for cash back (Cash Back Point of Sale), transferring their funds from the card and into their bank account (Card to Bank Funds Sharing), or through a Bank cash advance, provided the transactions are initiated within five days of the debit card's issuance. Fees will be assessed as listed under Pre-Paid Debit Cards.

PRE-PAID DEBIT CARDS Administrative Fees (a) Monthly account maintenance (if funds are not withdrawn within 30 $5.95 days) Card balance refund fee- Paper Check (c) $9.95 Administrative- Services without Fees Inactivity Fee n/a Customer Service $0.00 Spending and Getting Cash (a) Decline at point of sale (POS) $0.50 ATM- withdrawal (additional ATM surcharge fee may also apply) $2.95 ATM- International (additional ATM surcharge fee may also apply) $4.95 ATM- balance inquiry $1.00 ATM- balance inquiry international $1.50 Declined ATM transaction $1.00 International ATM decline $1.00 International decline at POS $0.50 Foreign Transaction Fee (b) 3% Spending and Getting Cash- Services without Fees PIN Point of Sale (POS) Purchase $0.00 POS Signature $0.00 Cash Reload $0.00 Card to Bank Funds Sharing $0.00 Bank Teller Withdrawal $0.00 ATM Withdrawal (In-network) n/a Potential Third-Party Fees May Vary – up to Retail Cash Load $5.95 ATM Surcharge May Vary Bank Teller Withdrawal May Vary Card Network International Currency Conversion May Vary

(a) all fees are payable directly by customer to the vendor

(b) fee is assessed as a percentage of total amount of the charge

(c) fee is charged if the incarcerated person requests the service

(Added by Ord. No. 10489 (N.S.), effective 7-27-17; amended by Ord. No. 10644 (N.S.), effective 2-13-20; amended by Ord. No. 11001 (N.S.), effective 7-9-26)

SEC. 449. MILITARY EQUIPMENT USE POLICY.

(a) Pursuant to Government Code section 7071, the Board approves and adopts Sheriff's AB 481 Military Equipment Use Policy, reviewed by the Board and located on Sheriff's public website.

(b) The Board determines that:

(1) The equipment listed in the Sheriff's military equipment use policy is necessary because there is no reasonable

alternative that can achieve the same objective of officer and civilian safety;

(2) The Sheriff's military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties;

(3) Purchase of the equipment listed in the Sheriff's military equipment use policy will be reasonably cost effective

compared to available alternatives that can achieve the same objective of officer and civilian safety; and

(4) Sheriff has taken action to remedy any nonconforming uses and ensure that any future use of military equipment will

comply with the military equipment use policy.

(b) The Board approves the following actions by the Sheriff with respect to the equipment listed in the Sheriff's military equipment use policy, subject to any applicable local, State, or federal regulations:

(1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code;

(2) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting

private, local, state, or federal funds, in-kind donations, or other donations or transfers;

(3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing;

(4) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the

territorial jurisdiction of the governing body;

(5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by

the governing Board pursuant to this chapter;

(6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek

funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment; or

(7) Acquiring military equipment through any means not provided by Government Code section 7071.

(c) Sheriff shall submit an annual military equipment report as required by Government Code section 7072, as may be amended. The report shall be reviewed by the Board as required by Government Code section 7071, as may be amended.

(d) The policy approved by this section may only be amended by action of the Board.

(Added by Ord. No. 10777 (N.S.), effective 5-26-22)