2009 California Penal Code - Section 4050-4067 :: Chapter 1.5. Joint County Jails

PENAL CODE
SECTION 4050-4067

4050.  This chapter may be cited as the Joint County Jail Act.

4051.  Any two or more counties may form a district for the purpose
of establishing and operating a joint county jail to serve such
counties.

4052.  Any district organized under this chapter shall have and
exercise the powers expressly granted in this chapter, together with
such other powers as are reasonably implied therefrom and necessary
and proper to carry out the objects and purposes of this chapter.

4053.  The board of supervisors of any county may initiate
proceedings proposing the creation of a joint district for the
purpose of maintaining a joint county jail under the provisions of
this chapter to be composed of two or more counties by the adoption
of a resolution reciting the following:
   (1) That it will be beneficial to the public interest to create a
joint district for the establishment or operation, or both, of a
joint county jail to which persons from any of the counties proposed
to be included in the proposed district may be committed.
   (2) The names of the counties proposed to be included in the
proposed district which will be benefited by the formation thereof.
   (3) That it is proposed to create a joint district for the
establishment or operation, or both, of a joint county jail under the
provisions of this chapter for the counties so named.

4054.  When adopted, certified copies of the resolution provided for
in Section 4053, shall be transmitted to the several clerks of the
boards of supervisors in each of the counties named in the resolution
other than that in which the proceedings are initiated.
   Upon the adoption of the resolution provided for in Section 4053,
the board of supervisors of the county adopting the same shall name
and appoint two members of the board to represent the county upon the
board of directors of the joint district proposed to be organized.

4055.  Upon receipt of the resolution adopted under Section 4053,
the boards of supervisors of the counties affected and to whom the
same may be directed shall consider the advisability of creating and
organizing a joint district as proposed in said resolution and, upon
determining the facts involved therein, shall severally adopt
resolutions either rejecting or approving the proposal to create such
joint district. Each resolution of approval shall, in addition to
the matters otherwise required therein, also name and appoint the
members of the board of supervisors of the county adopting the
resolution qualified to represent such county upon the board of
directors of the proposed joint district. A certified copy of the
resolution of approval shall be forthwith transmitted to the clerk of
the board of supervisors initiating the proceedings.

4056.  The board of supervisors of any county initiating proceedings
for the creation of a joint district under this chapter shall, after
the receipt of a copy of the resolution approving the proposal to
form such district as provided in Section 4055 from the board of
supervisors of each county proposed to be included within any such
joint district, adopt a resolution declaring the creation and
organization of said joint district and setting forth the names of
the counties composing said district. A certified copy of the
resolution shall be transmitted to and filed with the Secretary of
State, whereupon the joint district shall be deemed created and
organized and shall exercise all the powers granted in this chapter
and shall bear the name and designation of "Joint County Jail
District No. _____ of the State of California."

4057.  All districts organized under this chapter shall be numbered
in the order of their creation, the number to be assigned to said
district forthwith upon the organization thereof by the Secretary of
State, and the Secretary of State shall keep and maintain in his
office a list and register showing the joint county jail districts
organized under this chapter.

4058.  The Secretary of State shall furnish and transmit to the
clerk of the board of supervisors of the county adopting the initial
resolution for the organization of any district under this chapter a
certificate of the organization of the same. Upon receipt of the
certificate the clerk shall within 10 days send a certified copy of
the certificate to each of the clerks of the several boards of
supervisors of the counties constituting the district, and shall also
within the time specified in this section notify each supervisor
appointed as a member of the board of directors of the district of
such fact and of the time and place of the first meeting of the board
of directors of the district. The time and place of the meeting
shall be fixed and determined by the clerk of the board adopting the
initial resolution, but said time of meeting shall be within 30 days
after the date of mailing notices thereof. The necessary expense
incurred by supervisors in attending and in going to and coming from
any meeting of the board of directors of the district shall
constitute a county charge of their respective counties.

4059.  The body formed under Section 4058 shall be called the board
of directors of such district.

4060.  The members of the board of directors may enter into an
agreement for and on behalf of the counties appointing them binding
said counties to the joint enterprise provided for in this chapter
and apportioning the cost of establishing and maintaining a joint
county jail.

4061.  All sums found due from any county according to the
provisions of this chapter are a charge against said county, and may
be collected in the manner provided by law by the board of directors
of a district formed under this chapter, or, in its behalf by the
board of supervisors of any county in the district by an action
instituted and tried in any county in the district in which the same
may be filed.

4062.  The board of directors may establish the joint county jail
provided for in this chapter and shall provide for the feeding, care,
and treatment of prisoners therein, and must conform to such
standards for construction, feeding, clothing, bedding and
programming as are imposed pursuant to law on county jails.

4063.  Each county in a district formed under this chapter shall pay
from its general fund its proportionate share to the board of
directors of such amount as the board may designate to constitute a
cash revolving fund to carry on the work and expense of maintaining
such joint county jail. Each month a statement of the expense of the
joint county jail shall be sent to the board of supervisors of each
county in the district, together with a claim for its proportionate
share of expenses. Amounts when received shall be paid into the cash
revolving fund.

4064.  Convicted persons may be committed to a joint county jail
from a county comprising the district the same as if the commitment
were to a jail maintained by that county alone.

4065.  The provisions of Chapter 1 (commencing at Section 4000) of
this title shall, so far as appropriate, be applicable to a joint
county jail established pursuant to this chapter, and the person
appointed by the board of directors to superintend a joint county
jail has such powers and duties as has a sheriff, with respect to
county jails, under Chapter 1.

4066.  The board of directors may make rules and regulations for the
government of a joint county jail not inconsistent with law.

4067.  A joint county jail district formed under this chapter may be
dissolved in the following manner:
   (a) The board or boards of supervisors of a county or counties
containing more than fifty percent (50%) of the population of the
entire district shall by a unanimous vote adopt a resolution stating
that the existence of a joint county jail is no longer desirable for
the public welfare and announcing the intention to withdraw therefrom
and to dissolve said district.
   (b) The resolution or resolutions so adopted shall be communicated
to the clerks of the boards of supervisors of all the counties
comprising the district and also to the Secretary of State.
   (c) If it appears that the resolution was unanimously adopted by
the board or boards of supervisors in the counties desiring to
withdraw, and that such county or counties contain more than fifty
percent (50%) of the entire population in the district, the Secretary
of State shall thereupon certify to the clerks of the boards of
supervisors of the counties composing the district that the district
is dissolved.
   (d) Thereupon the board of directors of the district shall within
90 days:
   (1) Abolish the joint county jail;
   (2) Return all prisoners therein to the custody of the sheriffs of
their respective counties;
   (3) Dispose of all equipment belonging to said joint county jail
and the district;
   (4) Render an accounting to the clerks of the boards of
supervisors of the counties composing such district of all sums of
money received and paid out since their last previous accounting,
including the balance of revolving fund on hand at said last previous
accounting;
   (5) Apportion and repay to said counties all sums of money then
remaining in their hands, and they shall thereupon be relieved of
further responsibility in said matter.

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