Santa Clara County Municipal Code Ch. III Corrections

Footnotes:

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Editor's note— Sec. 2 of Ord. No. NS-300.974, adopted June 6, 2023, amended Ch. III in its entirety to read as herein set out. Former Ch. III pertained to the Department of Correction, consisted of §§ A20-38—A20-52.1, and derived from Ord. No. 300.415, adopted June 25, 1987; Ord. No. NS-300.443, adopted December 13, 1988; Ord. No. NS-300.453, adopted October 24, 1989; Ord. No. NS-300.598, adopted April 15, 1997; Ord. No. NS-300.901, adopted September 27, 2016; Ord. No. NS-300.925, adopted May 1, 2018; Ord. No. NS-643, adopted June 19, 2018; Ord. No. NS-300.933, adopted December 17, 2019; Ord. No. NS-300.944, adopted August 11, 2020; Ord. No. NS-300.949, adopted May 25, 2021; and Ord. No. NS-300.956, adopted May 24, 2022.

(a) Pursuant to Charter section 509, the Board of Supervisors conveys jurisdiction over all jail operations to the Sheriff. All authority previously conveyed to the Department of Correction or the Director of the Department of Correction (also referred to as the Chief of Correction) is now vested in the Sheriff, who shall for purposes of this Code also be the jail administrator.

(b) The Board of Supervisors reserves the right to reestablish, and convey jurisdiction over jail operations to, the Department of Correction and the position of Chief of Correction, pursuant to Charter section 509, Government Code section 23013, or any other applicable law.

(Ord. No. NS-300.974, § 2, 6-6-23; Ord. No. NS-300.1010, § 1, 6-2-26)

Any property, including money, of an inmate in the possession of the jail administrator which is not required to be retained by it for official purposes and which has remained unclaimed for a period of one year after the inmate's release, or for five years after the inmate's death, or 120 days after a notice has been sent to the inmate's last-known address or, in the event of the inmate's death, one year after a notice has been sent to the inmate's last-known next of kin 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 shall be transferred by the jail administrator to the Public Administrator 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 Probation Officer upon their request for use in any program of activities designed to prevent juvenile delinquency pursuant to Welfare and Institutions Code § 217.

(c) Any such property which, in the opinion of the jail administrator 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 inmates and transferred to the Public Administrator for sale at public auction.

(Ord. No. NS-300.974, § 2, 6-6-23)

The Board of Supervisors finds, on the basis of local employment and education conditions, the state of County jail facilities, and other pertinent circumstances considered by this Board, that the operation of Penal Code § 1208 is feasible as it relates to employment and education in the County.

(Ord. No. NS-300.974, § 2, 6-6-23)

The jail administrator is designated as the officer who shall perform the functions of Work Furlough Administrator for female inmates. The Chief Probation Officer is designated as the officer who shall perform the functions of Work Furlough Administrator for male inmates.

(Ord. No. NS-300.974, § 2, 6-6-23)

Pursuant to Penal Code § 1208.5, the Board delegates to the Work Furlough Administrator of the County of Santa Clara the authority to enter into agreements to transfer inmates to and from Santa Clara County and other counties that maintain work furlough programs. Provided, however, that when receiving an inmate from another county, the Work Furlough Administrator shall not accept such inmate if the County of Santa Clara must incur other than the normal booking costs when receiving the inmate; and provided further, that when transferring an inmate to another county, the County of Santa Clara shall not transfer an inmate to a county that requires, as a prerequisite to participation in the program, payment to said county of a sum in excess of the current daily expense rate applied by the federal government to federal prisoners incarcerated in said county.

(Ord. No. NS-300.974, § 2, 6-6-23)

The work furlough daily fee shall be $26.76 for each inmate in the work furlough program.

(Ord. No. NS-300.974, § 2, 6-6-23)

(a) Findings.

(1) The Board of Supervisors desires to increase fees to recover the pro rata cost of administration for inmates participating in the Weekend Work Program and Public Service Program.

(2) Penal Code § 1209 authorizes the Board of Supervisors to establish a fee for participation in the Weekend Work Program. The amount of the fee is based upon the costs of administration of the program as are allocable to the participants which may be collected prior to the completion of each weekly or monthly period of confinement, and shall be deposited in the county treasury.

(3) Penal Code § 4024.3(f) authorizes the Board of Supervisors to establish a fee for participation in the work release program (Public Service Program), at an amount which does not exceed the pro rata cost of administration, to be paid by each participant according to their ability to pay.

(b) Fees. The jail administrator is authorized to charge and collect fees for various services as established by resolution approved by the Board of Supervisors and amended from time to time.

(Ord. No. NS-300.974, § 2, 6-6-23)

(a) No person shall throw, or attempt to throw, any item over the fence or perimeter of a County correctional facility.

(b) No person shall land, or attempt to land, any aircraft, including Unmanned Aircraft, within the fence or perimeter of a County correctional facility. No person shall drop or deliver, or attempt to drop or deliver, any item within the fence or perimeter of a County correctional facility. "Unmanned Aircraft" shall have the meaning provided in Section B13-125 of this Code.

(c) Subsection (b) shall not apply to Public Unmanned Aircraft as defined in Section B13-125 of this Code.

(d) Violation of Subsection (a) or (b) shall constitute a misdemeanor and shall also be subject to civil and administrative fines and penalties. Any violation of this section is declared a public nuisance.

(Ord. No. NS-300.974, § 2, 6-6-23)