text:
(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.

history: (History: Amended by Stats. 2013, Ch. 23, Sec. 4. (AB 82) Effective June 27, 2013.)

title: 3. GOVERNMENT OF COUNTIES

article: 1. Duties


kind: section

code: GOV

text: 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.

history: (History: Amended by Stats. 2013, Ch. 23, Sec. 5. (AB 82) Effective June 27, 2013.)

division: 2. OFFICERS

title: 3. GOVERNMENT OF COUNTIES

chapter: 2. Sheriff

article: 1. Duties

path: 3. GOVERNMENT OF COUNTIES > 2. OFFICERS > 2. Sheriff > 1. Duties


text: 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.

history: (History: Added by Stats. 1947, Ch. 424.)

title: 3. GOVERNMENT OF COUNTIES

article: 1. Duties


text: The sheriff shall serve all process and notices in the manner prescribed by law.

title: 3. GOVERNMENT OF COUNTIES

article: 1. Duties


text: 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.

history: (History: Added by Stats. 1963, Ch. 136.)

title: 3. GOVERNMENT OF COUNTIES

article: 1. Duties


text: 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.

history: (History: Added by Stats. 1965, Ch. 1743.)

title: 3. GOVERNMENT OF COUNTIES

article: 1. Duties


text:
(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.

history: (History: Amended by Stats. 2003, Ch. 62, Sec. 148. Effective January 1, 2004.)

title: 3. GOVERNMENT OF COUNTIES

article: 1. Duties


text: 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.

title: 3. GOVERNMENT OF COUNTIES

article: 1. Duties


text: 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.

title: 3. GOVERNMENT OF COUNTIES

article: 1. Duties


text: 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.

title: 3. GOVERNMENT OF COUNTIES

article: 1. Duties


text:
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.

title: 3. GOVERNMENT OF COUNTIES

article: 1. Duties


text:
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.

history: (History: Added by Stats. 1959, Ch. 2111.)

title: 3. GOVERNMENT OF COUNTIES

article: 1. Duties


text: 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.

history: (History: Amended by Stats. 2013, Ch. 352, Sec. 305. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)

title: 3. GOVERNMENT OF COUNTIES

article: 1. Duties


text: 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.

history: (History: Amended by Stats. 1972, Ch. 496.)

title: 3. GOVERNMENT OF COUNTIES

article: 1. Duties


text:
(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.

history: (History: Added by Stats. 2015, Ch. 436, Sec. 1. (AB 896) Effective January 1, 2016.)

title: 3. GOVERNMENT OF COUNTIES

article: 1. Duties


text:
(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.

history: (History: Added by Stats. 2015, Ch. 436, Sec. 2. (AB 896) Effective January 1, 2016.)

title: 3. GOVERNMENT OF COUNTIES

article: 1. Duties


text: 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.

history: (History: Added by Stats. 1971, Ch. 1038.)

title: 3. GOVERNMENT OF COUNTIES

article: 1. Duties


text:
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.

history: (History: Amended by Stats. 1969, Ch. 457.)

title: 3. GOVERNMENT OF COUNTIES

article: 1. Duties


text: The office of county director of emergency services shall be held ex officio by the county sheriff.

history: (History: Amended by Stats. 1971, Ch. 38.)

title: 3. GOVERNMENT OF COUNTIES

path: 3. GOVERNMENT OF COUNTIES > 2. OFFICERS > 2. Sheriff > 1.1. Sheriff as Ex Officio Director of Emergency Services


text: The county director of emergency services shall have the duties prescribed by state law and executive order, the California Disaster and Civil Defense Master Mutual Aid Agreement, mutual aid operational plans adopted pursuant thereto, and by county ordinances and resolutions.

title: 3. GOVERNMENT OF COUNTIES

article: 1.1. Sheriff as Ex Officio Director of Emergency Services


text: The provisions of this article shall become operative in any county only upon their adoption by a resolution passed by unanimous vote of the board of supervisors thereof at a regular meeting at which all members are present. Such resolution may be repealed by the board of supervisors at any time by a three-fifths vote.

history: (History: Added by Stats. 1959, Ch. 1555.)

title: 3. GOVERNMENT OF COUNTIES


text: In the event the board of supervisors elects to require that the sheriff perform the additional services authorized by this article it shall have the authority and it shall be its duty to provide by proper appropriations for any additional personnel, equipment, supplies or expenses made necessary thereby.

title: 3. GOVERNMENT OF COUNTIES


text: In the event the board of supervisors elects to make the provisions of this chapter operative, it may provide for the payment to the county director of emergency services of such compensation as it may deem proper. The board of supervisors may elect to provide such compensation upon consolidation of such offices or at any time thereafter. Such compensation may be increased or reduced by action of the board of supervisors and is in addition to any other compensation provided by law.

title: 3. GOVERNMENT OF COUNTIES


text: There is a court security bureau within the Contra Costa County Sheriff’s Department to serve the superior court. The relationship between the sheriff’s department and the court security bureau shall be similar to that which exists between the Sheriff’s Department of Contra Costa County and certain cities in the county that contract for police services.

history: (History: Amended by Stats. 2002, Ch. 784, Sec. 145. Effective January 1, 2003.)

title: 3. GOVERNMENT OF COUNTIES

path: 3. GOVERNMENT OF COUNTIES > 2. OFFICERS > 2. Sheriff > 1.2. Court Security in Contra Costa County


text:
There is a Court Security Oversight Committee consisting of five superior court judges appointed by the presiding judge. The duties of the committee shall be those prescribed by this article, and include, but are not limited to, the following:

(a) To approve all transfers out of and into the court security bureau.

(b) To approve staffing levels and the recommended budget.

(c) To approve security measures and plans prepared by the sheriff, through the court security bureau commander.

(d) Notwithstanding any other provisions of law, the sheriff shall provide bailiffing, court security, and prisoner holding in the Superior Court of Contra Costa County.

history: (History: Amended by Stats. 2020, Ch. 210, Sec. 10. (AB 1984) Effective January 1, 2021.)

title: 3. GOVERNMENT OF COUNTIES

article: 1.2. Court Security in Contra Costa County


text:
(a) The sheriff shall be the appointing authority for all court security bureau positions and employees.

(b) The selection, appointment, and removal of management heads of the court security bureau shall be made by a majority vote of the superior court judges of Contra Costa County from a list of qualified lieutenants submitted by the sheriff.

history: (History: Amended by Stats. 2002, Ch. 784, Sec. 147. Effective January 1, 2003.)

title: 3. GOVERNMENT OF COUNTIES


text: Notwithstanding any other provision of this article, the sheriff through the court security bureau commander shall make all transfers within the court security bureau consistent with existing personnel policies of the sheriff, memoranda of understanding, if any, and other county personnel management rules and regulations.

history: (History: Amended by Stats. 2020, Ch. 210, Sec. 12. (AB 1984) Effective January 1, 2021.)

title: 3. GOVERNMENT OF COUNTIES


text: An employee of the sheriff’s office who desires to transfer into the office of court services shall make application through the appropriate division to the court security bureau commander. That employee, if approved by the Court Security Oversight Committee for transfer to the court security bureau, shall execute an agreement to serve in the court security bureau for a minimum term of three years.

history: (History: Amended by Stats. 1994, Ch. 283, Sec. 6. Effective January 1, 1995.)

title: 3. GOVERNMENT OF COUNTIES


text: All sworn permanent employees assigned to the court security bureau shall be required to meet those requirements of the California Commission on Peace Officer Standards and Training imposed on all marshal’s departments in California.

history: (History: Amended by Stats. 2020, Ch. 210, Sec. 14. (AB 1984) Effective January 1, 2021.)

title: 3. GOVERNMENT OF COUNTIES


text:
The courtroom assignment of bailiffs in the Los Angeles County Superior Court shall be determined by the presiding judge and the bailiff’s management representative; or their designees. Any new bailiff assignments shall be made only after consultation with the affected judge or commissioner in whose courtroom a new assignment is planned, the bailiff’s management representative, and with the bargaining unit of the bailiff employee, if the employee is represented.

It is the intent of the Legislature, in enacting this section, to ensure that courtroom assignments are made in a manner which best assures that the interests of the affected judge or commissioner and bailiff are protected.

history: (History: Amended by Stats. 2020, Ch. 210, Sec. 19. (AB 1984) Effective January 1, 2021.)

title: 3. GOVERNMENT OF COUNTIES

path: 3. GOVERNMENT OF COUNTIES > 2. OFFICERS > 2. Sheriff > 1.8. Court Security in Los Angeles County


text: The sheriff shall take charge of, safely keep, and keep a correct account of, all money and valuables found on each prisoner when delivered at the county jail. Except when otherwise ordered by a court of competent jurisdiction, the sheriff shall pay such money or sums therefrom and deliver such valuables or portions thereof as the prisoner directs and shall pay and deliver all the remainder of his money and valuables to the prisoner or to his order upon his release from the jail or to his legal representative in case of his death or legal incapacity to make decisions.

history: (History: Amended by Stats. 2014, Ch. 144, Sec. 22. (AB 1847) Effective January 1, 2015.)

title: 3. GOVERNMENT OF COUNTIES

article: 2. Prisoners’ Property

path: 3. GOVERNMENT OF COUNTIES > 2. OFFICERS > 2. Sheriff > 2. Prisoners’ Property


text: When any prisoner is removed to a state hospital or to a state prison or is released to the custody of an officer of another jurisdiction, his money and valuables or the remainder shall be transmitted to the hospital or prison or entrusted to the officer for the prisoner’s account.

history: (History: Added by Stats. 1947, Ch. 424.)

title: 3. GOVERNMENT OF COUNTIES

article: 2. Prisoners’ Property


text: The sheriff shall pay into the general fund for the use and benefit of the county any money of a prisoner or the proceeds of the sale of his or her valuables remaining unclaimed for a period of one year after his or her release, or five years after his or her death, or 120 days after a notice has been sent to his or her last known address or, in the event of his or her death, one year after a notice has been sent to his or her last known next of kin.

history: (History: Amended by Stats. 1984, Ch. 349, Sec. 1.)

title: 3. GOVERNMENT OF COUNTIES

article: 2. Prisoners’ Property


text: When any prisoner dies or loses the legal capacity to make decisions, the sheriff shall make diligent effort to communicate the fact to friends or relatives of the prisoner, together with information on the state of the prisoner’s account.

history: (History: Amended by Stats. 2014, Ch. 144, Sec. 23. (AB 1847) Effective January 1, 2015.)

title: 3. GOVERNMENT OF COUNTIES

article: 2. Prisoners’ Property


text: Any money and valuables of a prisoner and the accounts are subject to audit by the county auditor.

title: 3. GOVERNMENT OF COUNTIES

article: 2. Prisoners’ Property


text: For failure to comply with this article, the sheriff is liable on his official bond.

title: 3. GOVERNMENT OF COUNTIES

article: 2. Prisoners’ Property


text: The sheriff, with the approval of the county auditor, may establish bank accounts in which money received by the sheriff for bail and fines may be deposited and disbursed to the courts of proper jurisdiction. All moneys received and disbursed through such bank accounts shall be properly and uniformly accounted for under such procedures as the auditor may deem necessary.

history: (History: Added by Stats. 1969, Ch. 279.)

title: 3. GOVERNMENT OF COUNTIES

article: 2. Prisoners’ Property


text:
As used in this title:

(a) “Process” includes all writs, warrants, summons, and orders of courts of justice, or judicial officers.

(b) “Notice” includes all papers and orders required to be served in any proceedings before any court, board, or officer, or when required by law to be served independently of such proceeding.

title: 3. GOVERNMENT OF COUNTIES

article: 3. Process and Notices

path: 3. GOVERNMENT OF COUNTIES > 2. OFFICERS > 2. Sheriff > 3. Process and Notices


text: When process or notices are returnable to another county the sheriff may enclose the process or notice in an envelope, addressed to the officer from whom it emanated, and deposit it in the post office prepaying postage.

title: 3. GOVERNMENT OF COUNTIES

article: 3. Process and Notices


text: The return of the sheriff upon process or notices is prima facie evidence of the facts stated in the return.

title: 3. GOVERNMENT OF COUNTIES

article: 3. Process and Notices


text: Any sheriff who does not return a process or notice in his or her possession, with the necessary endorsement thereon, without delay is liable to the person aggrieved for all actual damages sustained by him or her.

history: (History: Amended by Stats. 1996, Ch. 120, Sec. 3. Effective January 1, 1997.)

title: 3. GOVERNMENT OF COUNTIES

article: 3. Process and Notices


text: Any sheriff who neglects or refuses to perform the duties under a writ of attachment, execution, possession, or sale, after being required by the creditor’s attorney of record or, if the creditor does not have any attorney of record, by the creditor and after the sheriff’s fees have been paid or tendered, is liable to the creditor for all actual damages sustained by the creditor.

history: (History: Amended by Stats. 1982, Ch. 497, Sec. 104. Operative July 1, 1983, by Sec. 185 of Ch. 497.)

title: 3. GOVERNMENT OF COUNTIES

article: 3. Process and Notices


text: All writs, notices, or other process issued by superior courts in civil actions or proceedings may be served by any duly qualified and acting marshal or sheriff of any county in the state, subject to the Code of Civil Procedure.

history: (History: Amended by Stats. 2002, Ch. 784, Sec. 171. Effective January 1, 2003.)

title: 3. GOVERNMENT OF COUNTIES

article: 3. Process and Notices


text:
(a) Notwithstanding any other law, a marshal or sheriff, including their department or office, shall comply with this section for service of process and notice. As used in this section, “notice” has the same meaning as defined in Section 26660.

(b) A marshal or sheriff, including their department or office, shall accept an electronic signature and shall not require an original or wet signature on a document requesting the marshal or sheriff, or their department or office, to serve court documents, or on a summons, order, or other notice to be served.

history: (History: Added by Stats. 2022, Ch. 417, Sec. 2. (AB 2791) Effective January 1, 2023.)

title: 3. GOVERNMENT OF COUNTIES

article: 3. Process and Notices


text:
Except for the following criteria, a marshal or sheriff, including their department or office, shall not review the substance of a summons, order, or other notice:

(a) The applicable form or forms described in Section 26666.10 are present and required sections, if any, are complete.

(b) A case number appears on the summons, order, or other notice. Blank forms, such as responsive forms, are not required to include a case number.

(c) An order to be served, including a restraining order, bears the signature of the judge, including, but not limited to, a stamp or other endorsement or representation of the signature of a judge, certification of a clerk, or court endorsement or seal, and the information on the order materially matches the information regarding the person to be served on the form or forms described in Section 26666.10.

history: (History: Added by Stats. 2022, Ch. 417, Sec. 3. (AB 2791) Effective January 1, 2023.)

title: 3. GOVERNMENT OF COUNTIES

article: 3. Process and Notices


text:
(a) A marshal or sheriff, including their department or office, shall accept transmission by email, fax, or in-person delivery of the form or forms described in Section 26666.10, and of a summons, order, or other notice to be served. Any person may deliver the forms for service to the marshal or sheriff, including their department or office, on behalf of a litigant.

(b) (1) Subject to paragraph (2), a marshal or sheriff, including their department or office, shall not charge or collect a fee for the electronic transmission of documents described in subdivision (a) that exceeds the actual cost incurred in processing the transmission.

(2) No fee for the electronic transmission of documents shall be imposed on a litigant who has been granted a fee waiver by an order on court fee waiver or is otherwise exempt from paying fees for service of a summons, order, or other notice under any law, including, but not limited to, subdivision (y) of Section 527.6, subdivision (x) of Section 527.8, or subdivision (x) of Section 527.85 of the Code of Civil Procedure, Division 10 (commencing with Section 6200) of the Family Code, paragraph (4) of subdivision (b) of Section 6103.2, Section 26721 or 70617 of the Government Code, Section 18121 of the Penal Code, 34 U.S.C. Sec. 10450(a)(1), or 34 U.S.C. Sec. 10461(c)(1)(D).

(c) This section shall not be construed to require a marshal or sheriff, including their department or office, to attempt service of documents prior to receipt of any fees owed pursuant to this chapter.

(d) This section shall not be construed to impede a private process server’s rights or obligations, including, but not limited to, the ability to serve a summons, order, or other notice as requested by a client.

(e) This section shall become operative on January 1, 2026.

history: (History: Amended (as added by Stats. 2022, Ch. 417, Sec. 5) by Stats. 2023, Ch. 131, Sec. 85. (AB 1754) Effective January 1, 2024. Operative January 1, 2026, by its own provisions.)

title: 3. GOVERNMENT OF COUNTIES

article: 3. Process and Notices


text:
(a) On or before January 1, 2024, the Judicial Council shall create a statewide form or forms to be used by litigants in civil actions or proceedings to request service of process or notice by a marshal or sheriff, including their department or office.

(b) A marshal or sheriff, including their department or office, shall accept an electronic signature and shall not require an original or wet signature on the form or forms created pursuant to this section.

(c) The Judicial Council form or forms shall do all of the following:

(1) Require the name, address, and description of the person to be served and the signature of the litigant requesting service, or their attorney of record, and may require any other pertinent information for service.

(2) Indicate on the form which fields on the form, if any, are required.

(3) Allow the litigant’s or their attorney of record’s signature to be made electronically.

(d) Upon completion of the forms described in subdivision (a), requests to a marshal or sheriff, including their department or office, to serve a notice or other process pursuant to Section 26666 shall be made on the Judicial Council form or forms. No sheriff or marshal, including their department or office, shall require completion of a form or request other than the Judicial Council form or forms described in this section.

(e) Pursuant to Section 7927.430, the Judicial Council form or forms and the information contained therein shall not be subject to disclosure and shall be kept confidential.

history: (History: Added by Stats. 2022, Ch. 417, Sec. 6. (AB 2791) Effective January 1, 2023.)

title: 3. GOVERNMENT OF COUNTIES

article: 3. Process and Notices


text: If on demand the sheriff neglects or refuses to pay over to the person entitled any money which comes into his or her hands by virtue of his or her office, after deducting all legal fees, the person may recover the amount owed to that person, 25 percent damages, interest at the rate of 10 percent per month from the time of demand, and costs, including reasonable attorney’s fees.

history: (History: Amended by Stats. 2010, Ch. 4, Sec. 5. (AB 680) Effective January 1, 2011.)

title: 3. GOVERNMENT OF COUNTIES

article: 4. Liability

path: 3. GOVERNMENT OF COUNTIES > 2. OFFICERS > 2. Sheriff > 4. Liability


text: Whenever any action is brought against any sheriff, all deputies and employees of the sheriff employed under any civil service or merit system upon whose negligence, wilful or wrongful act, or other default the action is based are necessary parties defendant.

title: 3. GOVERNMENT OF COUNTIES

article: 4. Liability


text: The board of supervisors shall furnish the sheriff and deputy sheriffs with suitable badges of office. Upon the badge of the sheriff shall be inscribed “Sheriff,” and upon those of the deputy sheriffs shall be inscribed “Deputy Sheriff.”

title: 3. GOVERNMENT OF COUNTIES

article: 5. Badges

path: 3. GOVERNMENT OF COUNTIES > 2. OFFICERS > 2. Sheriff > 5. Badges


text: For services performed by them sheriffs shall charge and collect the fees fixed in this article.

title: 3. GOVERNMENT OF COUNTIES

article: 7. Fees

path: 3. GOVERNMENT OF COUNTIES > 2. OFFICERS > 2. Sheriff > 7. Fees


text:
Notwithstanding Section 26720, fees otherwise payable by a litigant pursuant to this article shall be waived or, if paid, refunded, in any case in which the litigant is permitted by the court to proceed in forma pauperis under rules adopted by the Judicial Council pursuant to Section 68511.3.

This section is declaratory of existing law, and the enumeration in this section of fees to be waived shall not be construed to limit the power of the court to waive fees in other instances, as permitted or required under rules adopted by the Judicial Council pursuant to Section 68511.3.

history: (History: Added by Stats. 1980, Ch. 1372.)

title: 3. GOVERNMENT OF COUNTIES

article: 7. Fees


text: Notwithstanding any other law, the amounts set forth in Sections 26721, 26721.1, 26725, 26728, 26734, 26742, and 26743 shall be fifty dollars ($50).

history: (History: Amended by Stats. 2023, Ch. 29, Sec. 1. (SB 564) Effective January 1, 2024.)

title: 3. GOVERNMENT OF COUNTIES

article: 7. Fees


text:
Except as provided in this article, the fee for serving or executing any process or notice required by law or the litigants to be served shall be the amount described in Section 26720.9, and there shall be no additional fee for substitute service when substitute service is authorized.

However, no fee shall be charged for serving an emergency protective order, protective order, or restraining order issued pursuant to Division 10 of the Family Code (the Domestic Violence Prevention Act) on a respondent who is in custody.

In any case where property has been levied upon and, pursuant to the levy, a copy of the writ of execution and a notice of levy are required by statute to be served either personally or by mail upon the judgment debtor or other person, no fee shall be charged for that service.

history: (History: Amended by Stats. 2000, Ch. 629, Sec. 2. Effective January 1, 2001.)

title: 3. GOVERNMENT OF COUNTIES

article: 7. Fees


text: In an action for unlawful detainer, the fee for service of a summons, complaint, and prejudgment claim of right to possession pursuant to Section 415.46 of the Code of Civil Procedure shall be the amount described in Section 26720.9 for all occupants not named in the summons. The fee is not refundable.

history: (History: Amended by Stats. 2000, Ch. 629, Sec. 3. Effective January 1, 2001.)

title: 3. GOVERNMENT OF COUNTIES

article: 7. Fees


text:
(a) For any action commenced in the superior court, the fee for the service of the summons, the complaint for which the summons is issued, and all other documents or notices required to be served with the summons and complaint, is fifty dollars ($50).

(b) The fee for cancellation of the service of a summons prior to its completion is fifty dollars ($50).

(c) The fee for making a not-found return on a summons certifying that the person cannot be found at the address specified is fifty dollars ($50).

history: (History: Amended by Stats. 2023, Ch. 29, Sec. 2. (SB 564) Effective January 1, 2024.)

title: 3. GOVERNMENT OF COUNTIES

article: 7. Fees


text: The fee for serving, executing, or processing any writ or order where the levying officer is required to take immediate possession of the property levied upon is one hundred twenty-five dollars ($125).

history: (History: Amended by Stats. 2023, Ch. 29, Sec. 3. (SB 564) Effective January 1, 2024.)

title: 3. GOVERNMENT OF COUNTIES

article: 7. Fees


text: The fee for opening a safe-deposit box pursuant to Sections 488.460 and 700.150 of the Code of Civil Procedure is one hundred seventy dollars ($170).

history: (History: Amended by Stats. 2023, Ch. 29, Sec. 4. (SB 564) Effective January 1, 2024.)

title: 3. GOVERNMENT OF COUNTIES

article: 7. Fees


text: The fee for serving, executing, or processing a writ of attachment, writ of execution, writ of sale, or order on real estate, as to the initial service or posting of a continuous unbroken parcel or tract, and the fee for serving a record owner other than the defendant shall be the amount described in Section 26720.9.

history: (History: Amended by Stats. 2000, Ch. 629, Sec. 5. Effective January 1, 2001.)

title: 3. GOVERNMENT OF COUNTIES

article: 7. Fees


text: The fee for serving or posting any additionally required notices or orders on other parcels is twenty-five dollars ($25) each.

history: (History: Amended by Stats. 2023, Ch. 29, Sec. 5. (SB 564) Effective January 1, 2024.)

title: 3. GOVERNMENT OF COUNTIES

article: 7. Fees


text:
(a) The fee for keeping and caring for property under a writ of attachment, execution, possession, or sale is one hundred seventy-five dollars ($175) when necessarily employed for any eight-hour period or any part thereof. If an additional keeper or keepers are required during these periods, the fee for the additional keeper or keepers shall be the same as fixed, but, in no event shall any one keeper receive more than three hundred fifty dollars ($350) during any 24-hour period when so employed.

(b) In addition to the fees provided by Section 26721, the fee for maintaining custody of property under levy by the use of a keeper is fifty dollars ($50) for each day custody is maintained after the first day.

(c) Notwithstanding any other fee charged, a keeper shall receive seventy-five dollars ($75) when, pursuant to Section 26738, a levying officer prepares a not-found return.

history: (History: Amended by Stats. 2023, Ch. 29, Sec. 6. (SB 564) Effective January 1, 2024.)

title: 3. GOVERNMENT OF COUNTIES

article: 7. Fees


text: The fee for a copy of any writ, process, paper, order, or notice actually made by the sheriff when required or demanded is one dollar and twenty-five cents ($1.25) per page, except that when correct copies are furnished to the sheriff for use no charge shall be made for those copies.

history: (History: Amended by Stats. 2023, Ch. 29, Sec. 7. (SB 564) Effective January 1, 2024.)

title: 3. GOVERNMENT OF COUNTIES

article: 7. Fees


text: The fee for preparing and posting the initial notice of personal property sale under a writ of attachment, execution, or sale or order of court shall be the amount described in Section 26720.9.

history: (History: Amended by Stats. 2000, Ch. 629, Sec. 7. Effective January 1, 2001.)

title: 3. GOVERNMENT OF COUNTIES

article: 7. Fees


text: The fee for preparing and posting additionally required notices of personal property sales is nineteen dollars ($19) each.

history: (History: Amended by Stats. 2023, Ch. 29, Sec. 8. (SB 564) Effective January 1, 2024.)

title: 3. GOVERNMENT OF COUNTIES

article: 7. Fees


text: The fee for furnishing a notice for publication is nineteen dollars ($19).

history: (History: Amended by Stats. 2023, Ch. 29, Sec. 9. (SB 564) Effective January 1, 2024.)

title: 3. GOVERNMENT OF COUNTIES

article: 7. Fees


text: The fee for conducting or postponing the sale of real or personal property as required by law or the litigant is one hundred ten dollars ($110).

history: (History: Amended by Stats. 2023, Ch. 29, Sec. 10. (SB 564) Effective January 1, 2024.)

title: 3. GOVERNMENT OF COUNTIES

article: 7. Fees


text:
(a) Twenty-two dollars ($22) of any fee collected by the sheriff’s civil division or marshal under Sections 26721, 26722, 26725, 26726, 26728, 26730, 26733.5, 26734, 26736, 26738, 26742, 26743, 26744, and 26750 shall be deposited in a special fund in the county treasury. A separate accounting of funds deposited shall be maintained for each depositor, and funds deposited shall be for the exclusive use of the sheriff’s civil division or marshal.

(b) Ninety-five percent of the moneys in the special fund shall be expended to supplement the costs of the depositor for the implementation, maintenance, and purchase of auxiliary equipment and furnishings for automated systems or other nonautomated operational equipment and furnishings deemed necessary by the sheriff’s civil division or marshal. Five percent of the moneys in the special fund shall be used to supplement the expenses of the sheriff’s civil division or marshal in administering the funds.

history: (History: Amended by Stats. 2023, Ch. 29, Sec. 11. (SB 564) Effective January 1, 2024.)

title: 3. GOVERNMENT OF COUNTIES

article: 7. Fees


text: The fee for publication of a notice in a newspaper is the reasonable cost of the publication.

history: (History: Amended by Stats. 1951, Ch. 1114.)

title: 3. GOVERNMENT OF COUNTIES

article: 7. Fees


text: The fee for serving a writ of possession of real property on an occupant or the occupants or for posting and serving a copy on the judgment debtor is one hundred five dollars ($105). The additional fee for removing an occupant or occupants from the premises and putting a person in possession of the premises is seventy-five dollars ($75). The fee for reposting a notice to vacate shall be pursuant to Section 26721.

history: (History: Amended by Stats. 2023, Ch. 29, Sec. 12. (SB 564) Effective January 1, 2024.)

title: 3. GOVERNMENT OF COUNTIES

article: 7. Fees


text: The fee for making a levy on personal property already in possession of the officer who is holding it under attachment in the same action shall be the amount described in Section 26720.9.

history: (History: Amended by Stats. 2000, Ch. 629, Sec. 10. Effective January 1, 2001.)

title: 3. GOVERNMENT OF COUNTIES

article: 7. Fees


text: The fee for cancellation of the service or execution of any process or notice, other than a summons, prior to its completion is fifty dollars ($50). The fee provided by this section shall not be charged if a fee is charged pursuant to any other section of this article in attempting to serve or execute the process or notice.

history: (History: Amended by Stats. 2023, Ch. 29, Sec. 13. (SB 564) Effective January 1, 2024.)

title: 3. GOVERNMENT OF COUNTIES

article: 7. Fees


text: The fee for making a not-found return on an affidavit and order, order for appearance, subpoena, writ of attachment, writ of execution, writ of possession, order for delivery of personal property, or other process or notice required to be served, certifying that the person or property cannot be found at the address specified is fifty dollars ($50).

history: (History: Amended by Stats. 2023, Ch. 29, Sec. 14. (SB 564) Effective January 1, 2024.)

title: 3. GOVERNMENT OF COUNTIES

article: 7. Fees


text: The fee for the execution and delivery of a deed or certificate of redemption is nineteen dollars ($19).

history: (History: Amended by Stats. 2023, Ch. 29, Sec. 15. (SB 564) Effective January 1, 2024.)

title: 3. GOVERNMENT OF COUNTIES

article: 7. Fees


text: The fee for executing and delivering a certificate or deed of sale is nineteen dollars ($19).

history: (History: Amended by Stats. 2023, Ch. 29, Sec. 16. (SB 564) Effective January 1, 2024.)

title: 3. GOVERNMENT OF COUNTIES

article: 7. Fees


text: The fee for executing and delivering any other instrument shall be the amount described in Section 26720.9.

history: (History: Amended by Stats. 2000, Ch. 629, Sec. 13. Effective January 1, 2001.)

title: 3. GOVERNMENT OF COUNTIES

article: 7. Fees


text: The fee for subpoenaing a witness, including a copy of the subpoena and any affidavit required to be served therewith, shall be the amount described in Section 26720.9.

history: (History: Amended by Stats. 2000, Ch. 629, Sec. 14. Effective January 1, 2001.)

title: 3. GOVERNMENT OF COUNTIES

article: 7. Fees


text: The fee for serving or executing a bench warrant arising from an order of appearance issued under subparagraph (A) of paragraph (1) of subdivision (a) of Section 491.160 or subparagraph (A) of paragraph (1) of subdivision (a) of Section 708.170 of the Code of Civil Procedure is fifty dollars ($50).

history: (History: Amended by Stats. 2006, Ch. 277, Sec. 4. Effective January 1, 2007.)

title: 3. GOVERNMENT OF COUNTIES

article: 7. Fees


text:
(a) The fees for processing a warrant issued pursuant to Section 1993 of the Code of Civil Procedure shall be paid by the moving party, as follows:

(1) Fifty dollars ($50) to receive and process the warrant, which shall include the issuance and mailing of a notice advising the person to be arrested of the issuance of the warrant and demanding that the person appear in court.

(2) Fifty dollars ($50) to cancel the service of the warrant.

(3) One hundred five dollars ($105) if unable to find the person at the address specified using due diligence.

(4) One hundred twenty-five dollars ($125) to arrest the person, which shall include the arrest and release of the person on a promise to appear pursuant to Section 1993.2 of the Code of Civil Procedure.

(b) The in forma pauperis fee waiver provisions under Rules 3.50 to 3.58, inclusive, of the California Rules of Court shall apply to the collection of fees under this section.

history: (History: Amended by Stats. 2023, Ch. 29, Sec. 17. (SB 564) Effective January 1, 2024.)

title: 3. GOVERNMENT OF COUNTIES

article: 7. Fees


text: The fee for summoning a trial jury of 12 or less is two dollars ($2), and for each additional juror, ten cents ($0.10).

history: (History: Added by Stats. 1947, Ch. 424.)

title: 3. GOVERNMENT OF COUNTIES

article: 7. Fees


text:
(a) In addition to any other fees required by law, a processing fee of fifteen dollars ($15) shall be assessed for each disbursement of money collected under a writ of attachment, execution, possession, or sale, but excluding any action by the local child support agency for the establishment or enforcement of a child support obligation. The fee shall be collected from the judgment debtor in addition to, and in the same manner as, the moneys collected under the writ. All proceeds of this fee shall be deposited in a special fund in the county treasury. A separate accounting of funds deposited shall be maintained for each depositor, and funds deposited shall be for the exclusive use of the depositor.

(b) The special fund shall be expended to supplement the county’s cost for vehicle fleet replacement and equipment, maintenance, and civil process operations, including data systems and consultant services.

(c) A processing fee shall not be charged pursuant to this section if the only disbursement is the return of the judgment creditor’s deposit for costs.

history: (History: Amended by Stats. 2023, Ch. 29, Sec. 18. (SB 564) Effective January 1, 2024.)

title: 3. GOVERNMENT OF COUNTIES

article: 7. Fees


text:
(a) A twenty-five-dollar ($25) fee shall be assessed by the sheriff or marshal for certification of correction on each citation that requires inspection for proof of correction of any violation pursuant to Section 40616 of the Vehicle Code.

(b) All proceeds of the fee shall be deposited in a special fund in the county treasury. A separate accounting of funds deposited shall be maintained for each depositor, and funds deposited shall be for the exclusive use of the sheriff’s civil division or marshal.

(c) Ninety-five percent of the moneys in the special fund shall be expended to supplement the costs of the depositor for the implementation, maintenance, and purchase of auxiliary equipment and furnishings for automated systems or other nonautomated operational equipment and furnishings deemed necessary by the sheriff’s civil division or marshal. Five percent of the moneys in the special fund shall be used to supplement the expenses of the sheriff’s civil division or marshal in administering the funds.

history: (History: Amended by Stats. 2023, Ch. 29, Sec. 19. (SB 564) Effective January 1, 2024.)

title: 3. GOVERNMENT OF COUNTIES

article: 7. Fees


text: For transporting prisoners to the county jail, the sheriff shall charge the actual cost of such transportation.

title: 3. GOVERNMENT OF COUNTIES

article: 7. Fees


text: In addition to the fees provided by this article, the sheriff may collect from the litigant or person requiring his services, his actual expenses for inspection, checking, releasing, or any other handling of property under his custody, charge, or keeping pursuant to any process, writ, order, paper, or notice, and actual postal charges paid for mailing by registered mail or certified mail any notice or demand required or authorized by law to be sent by registered mail or certified mail.

history: (History: Amended by Stats. 1975, Ch. 368.)

title: 3. GOVERNMENT OF COUNTIES

article: 7. Fees


text: The sheriff shall receive expenses necessarily incurred in conveying persons to and from the state hospitals and in conveying persons to and from the state prisons or other state institutions, or to other destinations for the purpose of deportation to other states, or in advancing actual traveling expenses to any person committed to a state institution who is permitted to report to an institution without escort, which expenses shall be allowed as provided by Chapter 6 (commencing with Section 4750) of Title 5 of Part 3 of the Penal Code for cases subject to that chapter, and, otherwise, by the Department of General Services and paid by the state.

history: (History: Amended by Stats. 2016, Ch. 31, Sec. 153. (SB 836) Effective June 27, 2016.)

title: 3. GOVERNMENT OF COUNTIES

article: 7. Fees


text:
(a) The fee for serving an earnings withholding order under the Wage Garnishment Law (Chapter 5 (commencing with Section 706.010) of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure), including, but not limited to, the costs of postage or traveling, and for performing all other duties of the levying officer under that law with respect to the levy shall be forty-five-dollars ($45).

(b) Except as provided in Section 26746, the levying officer shall not charge additional fees, costs, or expenses for performing the duties under the Wage Garnishment Law (Chapter 5 (commencing with Section 706.010) of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure).

history: (History: Amended by Stats. 2023, Ch. 29, Sec. 20. (SB 564) Effective January 1, 2024.)

title: 3. GOVERNMENT OF COUNTIES

article: 7. Fees


text: After possession is taken of any vehicle by or on behalf of any legal owner thereof under the terms of a security agreement or lease agreement, the debtor shall pay the sheriff a fee of fifteen dollars ($15) for the receipt and filing of the report of repossession pursuant to Section 28 of the Vehicle Code before the vehicle may be redeemed by the debtor. Except as provided herein, any person in possession of the vehicle shall not release it to the debtor without first obtaining proof of payment of the fee to the sheriff. At the request of the debtor, a person in possession of the vehicle, or the legal owner, may also release the vehicle to the debtor provided the debtor pays the fifteen dollar ($15) fee, plus an administrative fee not to exceed five dollars ($5), to the person in possession or the legal owner, who shall transmit the fifteen dollar ($15) fee to the sheriff within three business days. The failure to transmit the fee within three business days shall subject the person in possession or legal owner receiving the fee from the debtor to a fine of fifty dollars ($50). The proof of payment, or a copy thereof, shall be retained by the party releasing possession to the debtor for the period required by law, and the party releasing possession shall provide a copy of the proof of payment to the debtor upon request of the debtor.

history: (History: Amended (as added by Stats. 1993, Ch. 1269) by Stats. 1994, Ch. 1114, Sec. 7. Effective January 1, 1995.)

title: 3. GOVERNMENT OF COUNTIES

article: 7. Fees


text: The boards of supervisors of two or more counties may enter into a contract pursuant to this article.

history: (History: Added by Stats. 1963, Ch. 1138.)

title: 3. GOVERNMENT OF COUNTIES

article: 8. Transportation of Prisoners

path: 3. GOVERNMENT OF COUNTIES > 2. OFFICERS > 2. Sheriff > 8. Transportation of Prisoners


text: The contract may provide, with respect to any situation in which, under the law, a sheriff is authorized to transport a prisoner from the sheriff’s own county to a point in another county, or is authorized to take a prisoner into custody in another county and transport him to the sheriff’s own county, that a sheriff of either of the contracting counties shall perform such function.

title: 3. GOVERNMENT OF COUNTIES

article: 8. Transportation of Prisoners


text: In any case in which a sheriff, acting pursuant to a contract entered into under this article, takes a prisoner into custody and transports him, such action shall be deemed lawful to the same extent as if he were the sheriff for whom he is performing such service.

title: 3. GOVERNMENT OF COUNTIES

article: 8. Transportation of Prisoners


text: A contract entered into under this article shall provide for compensation to the county whose sheriff is performing the service by the county for whose sheriff the service is performed, in an amount approximating the cost of the service.

title: 3. GOVERNMENT OF COUNTIES

article: 8. Transportation of Prisoners


text: Except as otherwise provided by law, the county clerk shall act as clerk of the board of supervisors in the county.

history: (History: Amended by Stats. 2007, Ch. 263, Sec. 26. Effective January 1, 2008.)

title: 3. GOVERNMENT OF COUNTIES

chapter: 3. County Clerk

article: 1. Duties

path: 3. GOVERNMENT OF COUNTIES > 2. OFFICERS > 3. County Clerk > 1. Duties


text: Except as provided by law, the county clerk shall register as voters any electors who apply for registration and shall perform any other duties required of him or her by the Elections Code. In those counties in which a registrar of voters office has been established, the registrar of voters shall discharge all duties vested by law in the county clerk that relate to and are a part of election procedure.

history: (History: Amended by Stats. 2003, Ch. 811, Sec. 26. Effective January 1, 2004.)

title: 3. GOVERNMENT OF COUNTIES

article: 1. Duties


text: In the Counties of El Dorado, Imperial, Kern, Kings, Lake, Marin, Merced, Modoc, Monterey, Napa, Nevada, Riverside, San Joaquin, Solano, Sonoma, and Tulare, a registrar of voters may be appointed by the board of supervisors in the same manner as other county officers are appointed. In those counties, the county clerk is not ex officio registrar of voters, and the registrar of voters shall discharge all duties vested by law in the county elections official that relate to and are a part of the election procedure.

history: (History: Amended by Stats. 2025, Ch. 242, Sec. 5. (SB 858) Effective January 1, 2026.)

title: 3. GOVERNMENT OF COUNTIES

article: 1. Duties


text: He shall take charge of and safely keep, or dispose of pursuant to law, all books, papers, and records which are filed or deposited in his office pursuant to law.

title: 3. GOVERNMENT OF COUNTIES

article: 1. Duties


text:
Each regulation and order of repeal of a regulation filed with a county clerk pursuant to Article 2 (commencing with Section 11380) of Chapter 4.5, Part 1, Division 3, Title 2, of this code shall be retained in an active file, available for public inspection, until receipt by the county clerk of the next California Administrative Register or supplement to the California Administrative Code in which such regulation, order of repeal or notice thereof, is published.

The county clerk shall at all times keep a complete current set of the California Administrative Code, and the California Administrative Register available for public inspection.

If the county clerk of any county in this state is satisfied that the code and register will be maintained in accordance with the requirements of this section, he may delegate the authority to receive filings on his behalf and to maintain the code and register on his behalf to a paid county law librarian or to the librarian in charge of the county library.

history: (History: Amended by Stats. 1968, Ch. 449.)

title: 3. GOVERNMENT OF COUNTIES

article: 1. Duties


text: The clerk must keep a calendar of all criminal actions pending in the court, enumerating them according to the date of the filing of the indictment or information, specifying opposite the title of each action whether it is for a felony or a misdemeanor, and whether the defendant is in custody or on bail.

history: (History: Added by Stats. 1989, Ch. 897, Sec. 1.)

title: 3. GOVERNMENT OF COUNTIES

article: 1. Duties


text:
(a) In counties having a population of 900,000 or over, the clerk of the court may employ as many foreign language interpreters as may be necessary to interpret in criminal cases in the superior court, and in the juvenile court within the county and to translate documents intended for filing in any civil or criminal action or proceeding or for recordation in the county recorder’s office.

(b) The clerk of the superior court, shall, when interpreters are needed, assign the interpreters so employed to interpret in criminal and juvenile cases in the superior court. When their services are needed, the clerk shall also assign interpreters so employed to interpret in criminal cases in municipal courts.

(c) The clerk of the court may also assign the interpreters so employed to interpret in civil cases in superior and municipal courts when their services are not required in criminal or juvenile cases and when so assigned, they shall collect from the litigants the fee fixed by the court and shall deposit the same in the county treasury.

(d) The interpreters so employed shall, when assigned to do so by the clerk of the court, translate documents to be recorded or to be filed in any civil or criminal action or proceeding. The fee to be collected for translating each such document shall be three dollars ($3) per folio for the first folio or part thereof, and two cents ($0.02) for each word thereafter. For preparing a carbon copy of such translation made at the time of preparing the original, the fee shall be twelve cents ($0.12) per folio or any part thereof. All such fees shall be deposited in the county treasury.

history: (History: Amended by Stats. 2004, Ch. 118, Sec. 13. Effective January 1, 2005.)

title: 3. GOVERNMENT OF COUNTIES

article: 1. Duties


text:
The county clerk shall keep an official seal of his office for use when performing official duties other than ex officio duties which shall, when embossed, stamped, impressed or affixed to a certification, show legibly. Such seal shall: (a) be circular in shape; (b) be not less than 114 inches in diameter; (c) have in the center any words or design adopted by the county clerk; (d) have inscribed around the central words or design, “County Clerk, ____ County, California”, inserting therein the name of the county.

Nothing contained herein shall prohibit a county clerk from continuing to use a seal of a design different than that specified herein if such seal has customarily been used prior to the effective date of this section.

history: (History: Added by Stats. 1968, Ch. 564.)

title: 3. GOVERNMENT OF COUNTIES

article: 1. Duties


text:
The county clerk shall distribute to persons applying for a marriage license a list of family planning and birth control clinics located in the county, which shall be prepared by the county health officer.

If there is a marriage license bureau within the county clerk’s office, the list shall be distributed by the marriage license bureau.

history: (History: Added by Stats. 1970, Ch. 1208.)

title: 3. GOVERNMENT OF COUNTIES

article: 1. Duties


text: Unless another provision of law requires a longer retention period, the county clerk may destroy or otherwise dispose of any paper or document filed with or submitted to him or her more than one year previously, if he or she determines that there is no need for its retention. In determining whether there is a need for retaining a paper or document, consideration shall be given to such factors as future public need, the effect of statutes of limitation, and historical significance.

history: (History: Added by Stats. 1986, Ch. 953, Sec. 6.)

title: 3. GOVERNMENT OF COUNTIES

article: 1. Duties


text:
(a) The clerk of the superior court may cause the following documents to be photographed, microphotographed, photocopied, electronically imaged, or otherwise reproduced on film and stored in that form:

(1) A document transferred to the clerk under Section 732 of the Probate Code.

(2) A will delivered to the clerk of the superior court under Section 8200 of the Probate Code if the clerk has held the will for at least 10 years.

(b) The photograph, microphotograph, photocopy, or electronic image shall be made in a manner that meets the minimum standards or guidelines recommended by the American National Standards Institute or the Association for Information and Image Management. All these photographs, microphotographs, photocopies, and electronic images shall be indexed, and shall be stored in a manner and place that reasonably assures their preservation indefinitely against loss, theft, defacement, or destruction.

(c) Before proof of death of the maker of a document or will referred to in subdivision (a), the photographs, microphotographs, photocopies, and electronic images shall be confidential, and shall be made available only to the maker. After proof of death of the maker of the document or will by a certified copy of the death certificate, the photographs, microphotographs, photocopies, and electronic images shall be public records.

(d) Section 26809 does not apply to a will or other document referred to in subdivision (a), or to the reproduction authorized by this section.

(e) Upon making the reproduction authorized by this section, the clerk of the superior court may destroy the original document.

history: (History: Added by Stats. 1993, Ch. 519, Sec. 1. Effective January 1, 1994.)

title: 3. GOVERNMENT OF COUNTIES

article: 1. Duties


text: The county clerk shall charge and collect the fees fixed in this article for service performed by the clerk, when not otherwise provided by law.

history: (History: Amended by Stats. 2005, Ch. 75, Sec. 49. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)

title: 3. GOVERNMENT OF COUNTIES

article: 2. Fees

path: 3. GOVERNMENT OF COUNTIES > 2. OFFICERS > 3. County Clerk > 2. Fees


text: The county clerk may charge a reasonable fee to cover the cost of preparing copies of any record, proceeding, or paper on file in his or her office.

history: (History: Amended by Stats. 2005, Ch. 75, Sec. 72. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)

title: 3. GOVERNMENT OF COUNTIES

article: 2. Fees


text: The fee for certifying to a copy of any paper, record, or proceeding on file in the office of the county clerk is one dollar and seventy-five cents ($1.75).

history: (History: Amended by Stats. 1982, Ch. 327, Sec. 74. Effective June 30, 1982.)

title: 3. GOVERNMENT OF COUNTIES

article: 2. Fees


text: For every certificate the fee for which is not otherwise fixed, the fee is one dollar and seventy-five cents ($1.75).

history: (History: Amended by Stats. 1982, Ch. 327, Sec. 76. Effective June 30, 1982.)

title: 3. GOVERNMENT OF COUNTIES

article: 2. Fees


text: For comparing with the original on file in the office of the county clerk, the copy of any paper, record, or proceeding prepared by another and presented for his or her certificate, the fee is fifty cents ($0.50) a page, in addition to the fee for the certificate.

history: (History: Amended by Stats. 2005, Ch. 75, Sec. 80. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)

title: 3. GOVERNMENT OF COUNTIES

article: 2. Fees


text: For an exemplification of a record or other paper on file, the fee is twenty dollars ($20) and the charges allowed for copying or comparing.

history: (History: Amended by Stats. 1993, Ch. 158, Sec. 9. Effective July 21, 1993.)

title: 3. GOVERNMENT OF COUNTIES

article: 2. Fees


text: The fee for issuing a marriage license is ten dollars ($10), to be collected at the time it is issued. One dollar ($1) of this fee shall be paid to the county recorder, one dollar ($1) of this fee shall be paid to the county clerk, and one dollar ($1) of this fee shall be paid to the State Registrar of Vital Statistics and seven dollars ($7) of this fee shall be disposed of pursuant to the provisions of Section 54 of Chapter 120, Statutes of 1966, First Extraordinary Session. In counties where the salary of the county recorder is the sole compensation allowed by law, this fee shall be paid to the county treasurer who shall credit one dollar ($1) to the county recorder and shall pay one dollar ($1) to the State Registrar of Vital Statistics. The fee provided by this section is in full for all services of the clerk and recorder in connection with the issuance of a marriage license and the filing of a certificate of registry of marriage.

history: (History: Amended by Stats. 1979, Ch. 139.)

title: 3. GOVERNMENT OF COUNTIES

article: 2. Fees


text:
(a) The fee for filing a marriage certificate pursuant to Part 4 (commencing with Section 500) of Division 3 of the Family Code is fourteen dollars ($14), to be collected at the time an authorization for the performance of the marriage is issued or a blank authorization form is obtained from the county clerk pursuant to Part 4 (commencing with Section 500) of Division 3 of the Family Code. Four dollars ($4) of the fee shall be paid to the State Registrar of Vital Statistics. One dollar ($1) of the fee shall be paid to the county treasurer and shall be used to defray any local costs incurred pursuant to Part 4 (commencing with Section 500) of Division 3 of the Family Code.

(b) Notwithstanding subdivision (a), in addition to the amount authorized by subdivision (a) the county clerk may impose an additional amount, not to exceed three dollars ($3), if he or she determines that the additional amount is necessary to defray local costs.

history: (History: Amended by Stats. 1992, Ch. 163, Sec. 81. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)

title: 3. GOVERNMENT OF COUNTIES

article: 2. Fees


text: Whenever the board of supervisors of a county makes provision by ordinance for the issuance of marriage licenses outside of the normal business hours, the board may establish a fee, in addition to that provided in Section 26840, not to exceed five dollars ($5), which shall be paid to the county treasury.

history: (History: Amended by Stats. 1981, Ch. 199, Sec. 1.)

title: 3. GOVERNMENT OF COUNTIES

article: 2. Fees


text:
(a) For the support of the family conciliation court or for conciliation and mediation services provided pursuant to Chapter 11 (commencing with Section 3160) of Part 2 of Division 8 of the Family Code, to provide all space costs and indirect overhead costs from other sources, the board of supervisors in any county may increase:

(1) The fee for issuing a marriage license, by an amount not to exceed five dollars ($5).

(2) The fee for issuing a marriage certificate pursuant to Part 4 (commencing with Section 500) of Division 3 of the Family Code, by an amount not to exceed five dollars ($5).

(b) The county shall distribute the moneys received under subdivision (a) to the court to be used exclusively to pay the costs of maintaining the family conciliation court or conciliation and mediation services provided pursuant to Chapter 11 (commencing with Section 3160) of Part 2 of Division 8 of the Family Code.

history: (History: Amended by Stats. 2005, Ch. 75, Sec. 83. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)

title: 3. GOVERNMENT OF COUNTIES

article: 2. Fees


text: In addition to the fee prescribed by Section 26840 and as authorized by Section 26840.3, the county clerk shall collect a fee of twenty-three dollars ($23) at the time of issuance of the license. The fee shall be disposed of by the clerk pursuant to Chapter 5 (commencing with Section 18290) of Part 6 of Division 9 of the Welfare and Institutions Code. Of this amount, four dollars ($4) shall be used, to the extent feasible, to develop or expand domestic violence shelter-based programs to target underserved areas and populations.

history: (History: Amended by Stats. 2006, Ch. 857, Sec. 1. Effective January 1, 2007.)

title: 3. GOVERNMENT OF COUNTIES

article: 2. Fees


text: In addition to the fee prescribed by Section 26840.1 and as authorized by Section 26840.3, the person issuing an authorization for the performance of a marriage pursuant to Part 4 (commencing with Section 500) of Division 3 of the Family Code or the county clerk, upon providing a blank authorization form pursuant to Part 4 (commencing with Section 500) of Division 3 of the Family Code, shall collect a fee of twenty-three dollars ($23) at the time of providing the authorization. The fee shall be disposed of pursuant to Chapter 5 (commencing with Section 18290) of Part 6 of Division 9 of the Welfare and Institutions Code. Of this amount, four dollars ($4) shall be used, to the extent feasible, to develop or expand domestic violence shelter-based programs to target underserved areas and populations.

history: (History: Amended by Stats. 2006, Ch. 857, Sec. 2. Effective January 1, 2007.)

title: 3. GOVERNMENT OF COUNTIES

article: 2. Fees


text:
(a) The Alameda County Board of Supervisors, upon making findings and declarations for the need for governmental oversight and coordination of the multiple agencies dealing with domestic violence, may authorize an increase in the fees for marriage licenses and confidential marriage licenses, up to a maximum increase of two dollars ($2).

(b) Effective July 1 of each year, the Alameda County Board of Supervisors may authorize an increase in these fees by an amount equal to the increase in the Consumer Price Index for the San Francisco metropolitan area for the preceding calendar year, rounded to the nearest half-dollar ($0.50). The fees shall be allocated pursuant to Section 18309 of the Welfare and Institutions Code.

(c) In addition to the fee prescribed by Section 26840.1, in Alameda County, the person issuing authorization for the performance of a marriage or confidential marriage, or the county clerk upon providing a blank authorization form pursuant to Part 4 (commencing with Section 500) of Division 3 of the Family Code, shall collect the fees specified in subdivisions (a) and (b), at the time of providing the authorization.

(d) This section shall become operative on January 1, 2015.

history: (History: Repealed (in Sec. 2) and added by Stats. 2009, Ch. 215, Sec. 3. (AB 73) Effective January 1, 2010. Section operative January 1, 2015, by its own provisions.)

title: 3. GOVERNMENT OF COUNTIES

article: 2. Fees


text:
(a) The Solano County Board of Supervisors, upon making findings and declarations for the need for governmental oversight and coordination of the multiple agencies dealing with domestic violence, may authorize an increase in the fees for marriage licenses and confidential marriage licenses, up to a maximum increase of two dollars ($2).

(b) Effective July 1 of each year, the Solano County Board of Supervisors may authorize an increase in these fees by an amount equal to the increase in the Consumer Price Index for the San Francisco metropolitan area for the preceding calendar year, rounded to the nearest one-half dollar ($0.50). The fees shall be allocated pursuant to Section 18309.5 of the Welfare and Institutions Code.

(c) In addition to the fee prescribed by Section 26840.1, in Solano County, the person issuing authorization for the performance of a marriage or confidential marriage, or the county clerk upon providing a blank authorization form pursuant to Part 4 (commencing with Section 500) of Division 3 of the Family Code, shall collect the fees specified in subdivisions (a) and (b), at the time of providing the authorization.

(d) The Solano County Board of Supervisors shall submit to the Assembly and Senate Committees on Judiciary, no later than July 1, 2009, a preliminary report and a followup report no later than July 1, 2014, containing the following information:

(1) The annual amounts of funds received and expended from fee increases for the purpose of governmental oversight and coordination of domestic violence prevention, intervention, and prosecution efforts in the county.

(2) Outcomes achieved as a result of the activities associated with the implementation of this section.

history: (History: Amended by Stats. 2011, Ch. 120, Sec. 1. (SB 154) Effective January 1, 2012.)

title: 3. GOVERNMENT OF COUNTIES

article: 2. Fees


text: The fee for making a record of a certificate of revivor is two dollars ($2).

history: (History: Amended by Stats. 1949, Ch. 739.)

title: 3. GOVERNMENT OF COUNTIES

article: 2. Fees


text:
The fee for filing, canceling, revoking, or withdrawing the bond of a notary public is seven dollars ($7).

The recording fee for the notice of cancellation, revocation, or withdrawal and any related document by the surety shall be paid to the county clerk, who shall transmit it to the county recorder.

history: (History: Amended by Stats. 1991, Ch. 1090, Sec. 15.)

title: 3. GOVERNMENT OF COUNTIES

article: 2. Fees


text: For filing and indexing all papers for which a charge is not elsewhere provided, other than papers filed in actions or special proceedings, official bonds, or certificates of appointment, the fee is two dollars and twenty-five cents ($2.25).

history: (History: Amended by Stats. 1982, Ch. 327, Sec. 79. Effective June 30, 1982.)

title: 3. GOVERNMENT OF COUNTIES

article: 2. Fees


text: For either recording or registering any license or certificate or issuing any certificate, or both, in connection with a license, required by law for which a charge is not otherwise prescribed, the fee is two dollars and twenty-five cents ($2.25).

history: (History: Amended by Stats. 1982, Ch. 327, Sec. 80. Effective June 30, 1982.)

title: 3. GOVERNMENT OF COUNTIES

article: 2. Fees


text: The fee for each certificate to the official capacity of any public official is two dollars and twenty-five cents ($2.25).

history: (History: Amended by Stats. 1982, Ch. 327, Sec. 81. Effective June 30, 1982.)

title: 3. GOVERNMENT OF COUNTIES

article: 2. Fees


text: The fee for taking an affidavit, except in criminal cases or adoption proceedings, is two dollars and twenty-five cents ($2.25).

history: (History: Amended by Stats. 1982, Ch. 327, Sec. 82. Effective June 30, 1982.)

title: 3. GOVERNMENT OF COUNTIES

article: 2. Fees


text: The fee for searching records or files is five dollars ($5) for each file.

history: (History: Amended by Stats. 1991, Ch. 651, Sec. 1.)

title: 3. GOVERNMENT OF COUNTIES

article: 2. Fees


text: The fee for taking acknowledgment of any deed or other instrument, including the certificate, is two dollars and twenty-five cents ($2.25) for each signature.

history: (History: Amended by Stats. 1982, Ch. 327, Sec. 84. Effective June 30, 1982.)

title: 3. GOVERNMENT OF COUNTIES

article: 2. Fees


text: The fee for filing a power of attorney for an admitted surety insurer, or a notice of cancellation, revocation, or withdrawal of a power of attorney for an admitted surety insurer, is three dollars and fifty cents ($3.50), or, if more than one name is designated, two dollars and twenty-five cents ($2.25) for each name.

history: (History: Amended by Stats. 1992, Ch. 876, Sec. 11. Effective January 1, 1993.)

title: 3. GOVERNMENT OF COUNTIES

article: 2. Fees


text: The fee for filing a financial statement of an admitted surety insurer is three dollars and fifty cents ($3.50), but nothing in this section shall be construed to require an admitted surety insurer to file such a statement.

history: (History: Amended by Stats. 1982, Ch. 327, Sec. 86. Effective June 30, 1982.)

title: 3. GOVERNMENT OF COUNTIES

article: 2. Fees


text: The fee for issuing a certificate pursuant to Section 995.640 of the Code of Civil Procedure is three dollars and fifty cents ($3.50).

history: (History: Amended by Stats. 1983, Ch. 18, Sec. 23. Effective April 21, 1983.)

title: 3. GOVERNMENT OF COUNTIES

article: 2. Fees


text: No fee shall be charged by the clerk for service rendered to any municipality or county in the state, or to the state or national government, nor for any service relating thereto.

history: (History: Amended by Stats. 2005, Ch. 75, Sec. 92. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)

title: 3. GOVERNMENT OF COUNTIES

article: 2. Fees


text: No fees or other compensation shall be charged by any county clerk for taking and certifying affidavits for pension claimants, the payment of a pension voucher, or any matters relating thereto under the laws of the United States.

history: (History: Added by Stats. 1947, Ch. 424.)

title: 3. GOVERNMENT OF COUNTIES

article: 2. Fees


text: A fee of fifteen dollars ($15) may be charged for performing a marriage ceremony pursuant to Section 401 of the Family Code, which shall be paid into the county treasury.

history: (History: Amended by Stats. 1992, Ch. 163, Sec. 85. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)

title: 3. GOVERNMENT OF COUNTIES

article: 2. Fees


text: The board of supervisors may create the office of controller. The office of county controller shall be held ex officio by the county auditor.

history: (History: Amended by Stats. 1972, Ch. 321.)

title: 3. GOVERNMENT OF COUNTIES

chapter: 3.5. Controller

path: 3. GOVERNMENT OF COUNTIES > 2. OFFICERS > 3.5. Controller


text: The county auditor, or in counties that have the office of controller, the auditor-controller shall be the chief accounting officer of the county. Upon order of the board of supervisors, the auditor or auditor-controller shall prescribe, and shall exercise a general supervision, including the ability to review departmental and countywide internal controls, over the accounting forms and the method of keeping the accounts of all offices, departments and institutions under the control of the board of supervisors and of all districts whose funds are kept in the county treasury.

history: (History: Amended by Stats. 2002, Ch. 454, Sec. 9. Effective January 1, 2003.)

title: 3. GOVERNMENT OF COUNTIES


text: In addition to the accounts required by law the auditor-controller shall, upon order of the board of supervisors, maintain such accounts and statistics and prepare such reports therefrom as the board may deem necessary for its information and use in the management and control of the operations of the county and of those districts whose funds are kept in the county treasury.

title: 3. GOVERNMENT OF COUNTIES


text:
In addition to the power now possessed by the board of supervisors to enter into contracts for audits the board shall have the power to require that the county auditor-controller shall audit the accounts and records of any department, office, board or institution under its control and of any district whose funds are kept in the county treasury. The county auditor-controller’s report on any such audit shall be filed with the board of supervisors and, if the report discloses fraud or gross negligence a copy thereof shall be filed with the district attorney.

The governing body of any district may agree with the board of supervisors to reimburse the county for its actual cost of any audit of its accounts and records had under this section.

history: (History: Amended by Stats. 1991, Ch. 1090, Sec. 16.)

title: 3. GOVERNMENT OF COUNTIES


text: In the event the board of supervisors elects to require that the county auditor-controller perform the additional services authorized by this chapter it shall have the power and it shall be its duty to provide by proper appropriations for any additional personnel, equipment, supplies or expenses made necessary thereby.

title: 3. GOVERNMENT OF COUNTIES


text: The provisions of this chapter shall become operative only upon their adoption by a resolution passed by a unanimous vote of the board of supervisors at a regular meeting at which all members are present. Any resolution adopted pursuant to this section may be repealed by the board of supervisors at any time by a three-fifths vote.

history: (History: Amended by Stats. 1972, Ch. 1384.)

title: 3. GOVERNMENT OF COUNTIES


text: In the event the board of supervisors elects to make the provisions of this chapter operative, it may provide for the payment of compensation which it deems proper for the combined offices of auditor-controller in a single amount or in two separate amounts, one for auditor and one for controller as it may deem proper. The board of supervisors may elect to provide such compensation on creation of the office of controller, or at any time thereafter.

title: 3. GOVERNMENT OF COUNTIES


text: The auditor shall examine and settle the accounts of any persons indebted to the county or holding money payable into the county treasury, and shall certify the amount to the treasurer. Upon the presentation and filing of the treasurer’s receipt therefor, the auditor shall give to such person a discharge and charge the treasurer with the amount received by him.

title: 3. GOVERNMENT OF COUNTIES

chapter: 4. Auditor

article: 1. Duties Generally

path: 3. GOVERNMENT OF COUNTIES > 2. OFFICERS > 4. Auditor > 1. Duties Generally


text: The county auditor may require any person or officer indebted to the county or holding money payable into the county treasury to make an oath as to the total amount of money payable by him to the county or into the county treasury, and on what account.

history: (History: Amended by Stats. 1957, Ch. 1775.)

title: 3. GOVERNMENT OF COUNTIES

article: 1. Duties Generally


text: “Money payable into the county treasury,” as used in Sections 26900 and 26901, includes money belonging to estates of deceased persons and required by law to be paid to the county treasurer, taxes on inheritances and transfers, any money deposited by order of court, and any other money deposited with the county treasurer by virtue of any official authority whatever.

title: 3. GOVERNMENT OF COUNTIES

article: 1. Duties Generally


text:
Whenever money or credits, or evidences thereof, are transmitted to the county treasurer by any state officer or employee for deposit in the county treasury or in the treasury of any political subdivision, public or municipal corporation, or district of which the county treasurer is the treasurer, the transmitter shall at the time of the transmission also transmit to the county auditor a notice stating the following:

(a) The amounts of money or credits or evidences thereof transmitted.

(b) The mode of transmission and the date when the transmitter placed the money or credits, or evidences thereof, in course of transmission or deposited them with the county treasurer.

(c) A description of the money or credits, or evidences thereof, and the purpose for which transmitted.

The auditor shall file the notices in his office and shall notify the treasurer of their receipt.

title: 3. GOVERNMENT OF COUNTIES

article: 1. Duties Generally


text: The auditor shall keep accounts current with the treasurer, and when any person deposits with the auditor any receipt given by the treasurer for any money paid into the treasury, the auditor shall file the receipt and charge the treasurer with the amount.

title: 3. GOVERNMENT OF COUNTIES

article: 1. Duties Generally


text: Not later than the last day of each month, the auditor shall reconcile the cash and investment accounts as stated on the auditor’s books with the cash and investment accounts as stated on the treasurer’s books as of the close of business of the preceding month to determine that the amounts in those accounts as stated on the books of the treasurer are in agreement with the amounts in those accounts as stated on the books of the auditor.

history: (History: Amended by Stats. 2001, Ch. 176, Sec. 10. Effective January 1, 2002.)

title: 3. GOVERNMENT OF COUNTIES

article: 1. Duties Generally


text: Any money other than taxes erroneously paid into the county treasury may be returned to the person paying it in upon a warrant drawn by the auditor on the order of the board of supervisors based upon such voucher as shows proper evidence of the facts. The board of supervisors may, by resolution, authorize the auditor to act in lieu of and with the same authority as the board of supervisors in ordering the return of such money. If the board of supervisors authorizes the auditor to make such refunds in lieu of and with the same authority as the board, the auditor shall periodically, but not less than annually, file a report with the board listing all such refunds.

history: (History: Amended by Stats. 1970, Ch. 193.)

title: 3. GOVERNMENT OF COUNTIES

article: 1. Duties Generally


text: The county auditor, with the approval of the board of supervisors, may impound the disputed revenues of any tax upon secured or unsecured property, levied and collected by the county for the county or any revenue district, whenever, pursuant to Chapter 5 (commencing with Section 5096), Part 9, Division 1 of the Revenue and Taxation Code, a claim or action is filed for the return of the revenues, or the auditor reasonably anticipates that the tax may be refunded in whole or in part. The county auditor shall continue to impound such revenues until the final disposition of the claim or action, or a refund of the tax is no longer anticipated. If, under the final disposition, it is determined that such taxes were properly levied against such property, the auditor shall release the revenues to the county or revenue district.

history: (History: Amended by Stats. 1984, Ch. 884, Sec. 3.)

title: 3. GOVERNMENT OF COUNTIES

article: 1. Duties Generally


text:
(a) Notwithstanding Section 26201, 26202, or 26205, the auditor or ex officio auditor may destroy any county, school, or special district claim, warrant, or any other paper issued as a warrant voucher that is more than five years old, or at any time after the document has been photographed, microphotographed, reproduced by electronically recorded video images on magnetic surfaces, or recorded on optical disk or reproduced on any other medium that does not permit additions, deletions, or changes to the original document and is produced in compliance with Section 12168.7 for recording of permanent records or nonpermanent records if the copy is kept or maintained for five years from the date of the document. A duplicate copy of any record reproduced in compliance with Section 12168.7 for recording of permanent or nonpermanent records, whichever applies, shall be deemed an original.

(b) The auditor may make a photographic record of an index or warrant register and may provide for the destruction of the index or warrant register. Any index or warrant register that is over five years old may be destroyed without being photographically or microphotographically reproduced.

history: (History: Amended by Stats. 2007, Ch. 343, Sec. 9.4. Effective January 1, 2008.)

title: 3. GOVERNMENT OF COUNTIES

article: 1. Duties Generally


text: Notwithstanding the provisions of Sections 26201, 26202, and 26205 of this code, the auditor or ex officio auditor may destroy any county, school or special district bonds or coupons which have been paid or canceled for a period of not less than five years.

history: (History: Added by Stats. 1957, Ch. 911.)

title: 3. GOVERNMENT OF COUNTIES

article: 1. Duties Generally


text: Notwithstanding the provisions of Sections 26201, 26202, and 26205 of this code, the board may authorize the destruction or disposition of the copies of any county deposit permits or deposit receipts issued by the county auditor which are more than five years old.

history: (History: Added by Stats. 1963, Ch. 1184.)

title: 3. GOVERNMENT OF COUNTIES

article: 1. Duties Generally


text: Notwithstanding the provisions of Sections 4104.3 and 4104.5 of the Revenue and Taxation Code, the tax collector may, upon order of the board of supervisors, destroy such tax rolls two years after the last current item has been recorded thereon, provided that a photographic record of the tax roll has been made, one copy of which shall be permanently retained.

history: (History: Amended by Stats. 1976, Ch. 156.)

title: 3. GOVERNMENT OF COUNTIES

article: 1. Duties Generally


text:
(a) As used in this section “auditor” includes an elected or appointed officer or full-time employee of a county or a special district who is compensated, but does not include an independent contractor.

(b) All books, papers, records, and correspondence of an auditor pertaining to the auditor’s work are public records subject to Division 10 (commencing with Section 7920.000) of Title 1 and shall be filed at any of the regularly maintained offices of the auditor. However, none of the following items or papers of which these items are a part may be released to the public by the auditor or the auditor’s employees:

(1) Personal papers and correspondence of any person providing assistance to the auditor when that person has requested in writing that the person’s papers and correspondence be kept private and confidential. Those papers and that correspondence shall become public records if the written request is withdrawn or upon the order of the auditor.

(2) Papers, correspondence, memoranda, or any substantive information pertaining to any audit not completed.

(3) Papers, correspondence, or memoranda pertaining to any audit that has been completed, which papers, correspondence, or memoranda are not used in support of any report resulting from the audit.

history: (History: Amended by Stats. 2021, Ch. 615, Sec. 189. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)

title: 3. GOVERNMENT OF COUNTIES

article: 1. Duties Generally