Santa Clara County Municipal Code Ch. I In General

There is in the County a Sheriff's Department, hereafter in this chapter referred to as the Department.

(Code 1954, § 3.1.30-1)

There is in the County and in the Department the position of Sheriff. Subject to provisions of the Charter and this Code, he shall have power to appoint, suspend or remove all assistants, deputies, clerks and other employees necessary to conduct the work of the Department.

(Code 1954, § 3.1.30-2)

Charter reference— Personnel system, Art. VII.

Pursuant to the provisions of Section 830.6(a)(2) of the Penal Code, the Sheriff is authorized to select, and deputize or appoint, any qualified person as reserve or auxiliary deputy sheriff. Such deputizing or appointing of a reserve or auxiliary deputy sheriff shall not in any way be construed to create an employment relationship between the County and the reserve or auxiliary deputy sheriff.

(Ord. No. NS-300.940, § 1, 4-7-20)

Editor's note— Sec. 1 of Ord. No. NS-300.974, adopted June 6, 2023, repealed § A20-3, which pertained to Deputy Sheriffs transferred to the Department of Correction, and derived from Ord. No. NS-300.443, adopted December 13, 1988.

Editor's note— Section A20-4, requiring the Sheriff to maintain branch jails, derived from Code 1954, § 3.1.30-7, was repealed by § 2 of Ord. No. NS-300.415. Section A20-5, relating to the handling of prisoners' valuables, derived from Code 1954, § 3.1.30-4, was repealed by § 3 of Ord. No. NS-300.415.

Except as provided in Section A20-7, any property, including money, in the possession of the Sheriff which is not required to be retained in the performance of the Sheriff's official duties and which has remained unclaimed for more than three months shall be disposed of in the following manner:

(a) Currency or coin shall be deposited with the County Treasurer for deposit to the general fund of the County.

(b) All other property may be transferred by the Sheriff to the Public Administrator or transferred to an on-line Internet auctioneer pursuant to Civil Code § 1873 for sale to the public at public auction and the proceeds thereof shall be paid over to the County Treasurer for deposit to the general fund of the County; provided, however, that bicycles and toys shall be turned over to the Chief Juvenile Probation Officer upon his or her request for use in any program of activities designed to prevent juvenile delinquency pursuant to Welfare and Institutions Code § 516.

(c) Any such property which, in the opinion of the Sheriff or the Public Administrator, is worthless or which if sold at public auction would not bring a sum sufficient to offset the cost of conducting the sale may be destroyed, or donated to charitable institutions, or may be repaired and renovated by County prisoners and transferred to the Public Administrator for sale at public auction.

(Code 1954, § 3.1.30-5; Ord. No. NS-300.29, § 1, 3-10-58; Ord. No. NS-300.115, § 1, 11-27-67; Ord. No. NS-300.125, § 1, 10-14-68; Ord. No. NS-300.669, § 1, 9-10-02)

State Law reference— Disposition of unclaimed property of prisoners, Government Code § 26642.

Any property placed in the custody of the Sheriff for the purpose of discovering the true and rightful owner thereof, shall be returned to the person depositing the same upon the filing of a written request with the Sheriff within six months of the date of deposit. Said request shall contain a statement by the finder that he desires the return of said property in order to perfect his title thereto pursuant to the provisions of the Civil Code of the State of California.

(Code 1954, § 3.1.30-5.1; Ord. No. NS-300.29, § 1, 3-10-58)

State Law reference— Lost and unclaimed property, Civil Code § 2080 et seq.

The Board of Supervisors finds as follows:

(a) On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies.

(b) Assembly Bill 481 reflects a legislative recognition of the impact of military equipment on public safety, welfare, civil rights, and civil liberties. Assembly Bill 481 also reflects legislative intent to ensure that appropriate legal safeguards are in place to govern the use of military equipment in communities and to ensure that the public has a right to participate and provide meaningful input on a law enforcement agency's decision to fund, acquire, or use military equipment.

(c) Assembly Bill 481, codified at Government Code sections 7070—7075, requires law enforcement agencies to obtain approval of the applicable governing board, by an ordinance adopting a military equipment use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as that term is defined in Government Code section 7070.

(d) Assembly Bill 481 requires law enforcement agencies that receive approval of a military equipment use policy to publish on their website and submit to the governing body an annual military equipment use report within one year of approval, and annually thereafter.

(e) Assembly Bill 481 requires law enforcement agencies to hold at least one well-publicized and conveniently located community engagement meeting within 30 days of submitting and publicly releasing an annual military equipment use report.

(f) The County of Santa Clara Office of the Sheriff published an annual military equipment use report on its website in April 17, 2026, held a public community engagement meeting within 30 days, and submitted the annual military equipment use report to the Board of Supervisors on May 19, 2026.

(g) Assembly Bill 481 allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations.

(h) The County of Santa Clara Office of the Sheriff has prepared a military equipment use policy, Policy 706, that meets the requirements of Government Code section 7070(d).

(i) The Office of the Sheriff's Policy 706 was publicly posted on the agency's website on April 17, 2026, and the policy is available for inspection from the Sheriff's Office.

(j) The Office of the Sheriff's Policy 706 was presented to the Board of Supervisors at its meeting on May 19, 2026.

(Ord. No. NS-300.955, § 1, 8-30-22; Ord. No. NS-300.976, § 1, 10-3-23; Ord. No. NS-300.986, § 1, 6-18-24; NS-300.998, § 1, 6-17-25; Ord. No. NS-300.1011, § 1, 6-2-26)

(a) Based on the findings of Ordinance Code section A20-8, the military equipment use policy, the annual military equipment use report, and other materials submitted by the Office of the Sheriff, the Board of Supervisors makes the following determinations:

(1) The military equipment listed in Policy 706 is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

(2) The military equipment listed in Policy 706 is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

(3) The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.

(4) Prior military equipment use by the Office of the Sheriff complied with the military equipment use policy that was in effect at the time, or, if prior uses did not comply with the military equipment use policy then in effect, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

(b) The Office of the Sheriff military equipment use policy, Policy 706, dated April 17, 2026, is hereby adopted. Policy 706, dated April 17, 2026, is incorporated by reference as though fully set forth herein. Complete copies of Policy 706 are available for inspection on the Office of the Sheriff's website and from the Office of the Sheriff.

(c) Policy 706 shall be amended only upon the approval of the Board of Supervisors in accordance with the procedures described in Government Code section 7071.

(d) Prior to each annual review of this Section pursuant to Government Code section 7071, subdivision (e), and prior to any consideration of a military equipment use policy pursuant to Government Code section 7071, subdivision (a), the Office of Correction and Law Enforcement Monitoring shall conduct an analysis and advise the Board of Supervisors whether the existing or proposed military equipment, and the use policies governing that equipment, are effective and comport with modern policy and nationwide best practices.

(Ord. No. NS-300.955, § 2, 8-30-22; Ord. No. NS-300.976, § 2, 10-3-23; Ord. No. NS-300.979, § 1, 12-12-23; Ord. No. NS-300.986, § 2, 6-18-24; NS-300.998, § 2, 6-17-25; Ord. No. NS-300.1011, § 2, 6-2-26)

Editor's note— Sec. 3 of NS-300.998, adopted June 17, 2025, deleted § A20-10, which pertained to sunset provision, and derived from Ord. No. NS-300.955, adopted August 20, 2022.

Editor's note— Section A20-11, providing for the transfer of prisoners on work furlough, derived from Ord. No. NS-300.225, § 1, adopted Dec. 14, 1976, and Ord. No. NS. 300.287, § 1, adopted June 12, 1979, was repealed by § 7 of Ord. No. NS-300.415.

Editor's note— Ord. No. NS-300.662, § 1, adopted March 19, 2003, repealed § A20-12, which pertained to work furlough fee. See the Code Comparative Table.

(a) The Sheriff shall collect and analyze data relating to crimes motivated by prejudice based on race, religion, ethnicity, sex, sexual orientation, disabilities and national origin and shall provide such data to the County of Santa Clara Human Relations Commission on a monthly basis. This data shall include information concerning:

(1) The area of the County in which the crime occurred.

(2) The characteristics of the perpetrator and the victim (e.g. race, religion, suspected hate group, etc.).

(3) The nature of the crime.

(b) The crimes with respect to which data shall be acquired are as follows: homicide, non-negligent manslaughter, assault, robbery, burglary, theft, motor vehicle theft, arson, rape, battery, vandalism, destruction or damage to property, trespass, threat, intimidation, and other such crimes as the County of Santa Clara Sheriff considers appropriate.

(c) The Sheriff shall develop and implement appropriate procedures for the collection of such data from crime reports involving incidents motivated by prejudice based on race, religion, ethnicity, national origin, sex, sexual orientation or disability.

(d) The Sheriff, or his/her designee, shall report the occurrence of any such prejudice-based crime incidents to the chairperson of the Board of Supervisors and to the Director of the County of Santa Clara Human Relations Commission within three business days after the report of such incident to the Sheriffs' Department, or the Sheriffs' Department's awareness of any such crime.

(Ord. No. NS-300.354, § 2, 1-16-90; Ord. No. NS-300.487, 9-17-91)