2021 Colorado Code
Title 30 - Government - County
Article 10 - County Officers
Part 5 - Sheriff
§ 30-10-511. Sheriff Custodian of Jail
Except as provided in section 16-11-308.5 , C.R.S., the sheriff shall have charge and custody of the jails of the county, and of the prisoners in the jails, and shall supervise them himself or herself or through a deputy or jailer.
History. Source: G.L. § 495. G.S. § 599. R.S. 08: § 1279. C.L. § 8754. CSA: C. 45, § 101. CRS 53: § 35-5-11 . C.R.S. 1963: § 35-5-11 . L. 88: Entire section amended, p. 677, § 4, effective July 1; entire section amended, p. 711, § 11, effective July 1. L. 2006: Entire section amended, p. 134, § 6, effective August 7.
ANNOTATION
Law reviews. For note, ”Prisoners' Rights: Personal Security“, see 42 U. Colo. L. Rev. 305 (1970).
Under this section, the general assembly has imposed the following duties upon a sheriff: The sheriff shall have charge and custody of the jails of his county, and of the prisoners in the same, and shall keep them himself, or by his deputy or jailer, for whose acts he and his sureties shall be liable. McMillan v. Hammond, 158 Colo. 40 , 404 P.2d 549 (1965).
A jailer or warden may be liable for an injury proximately resulting to a prisoner from a breach of duty with respect to such prisoner. McMillan v. Hammond, 158 Colo. 40 , 404 P.2d 549 (1965).
As, for example, a breach of duty to exercise due care for the safety of a prisoner generally, to keep the jail sanitary and warm, or to furnish food. McMillan v. Hammond, 158 Colo. 40 , 404 P.2d 549 (1965).
A county sheriff was entitled to possession of a room in the jail for his use as living quarter, notwithstanding the county commissioners had designated it for another purpose. Richart v. Bd. of Comm'rs, 95 Colo. 153 , 33 P.2d 971 (1934).
When a sheriff knows that his prisoner has been refused bail, it is a contempt of the court refusing the bail for the sheriff wilfully to permit the prisoner to be at large. Robran v. People, 173 Colo. 378 , 479 P.2d 976 (1971).
Sheriff must comply with home rule charter of Weld County in appointing and dismissing deputies where deputy sheriffs are subject to county personnel system as set forth in county policy manual. Bd. of County Comm'rs v. Andrews, 687 P.2d 457 (Colo. App. 1984).
Applied in Tihonovich v. Williams, 196 Colo. 144 , 582 P.2d 1051 (1978).