California Codes

Cal. Government Code § 23013 (2026)

✓ current as of May 2026
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The board of supervisors of any county may, by resolution, establish a department of corrections, to be headed by an officer appointed by the board, which shall have jurisdiction over all county functions, personnel, and facilities, or so many as the board names in its resolution, relating to institutional punishment, care, treatment, and rehabilitation of prisoners, including, but not limited to, the county jail and industrial farms and road camps, their functions and personnel.

The boards of supervisors of two or more counties may, by agreement and the enactment of ordinances in conformity thereto, establish a joint department of corrections to serve all the counties included in the agreement, to be headed by an officer appointed by the boards jointly.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1986–2021 · leading case: Beck v. Cnty. of Santa Clara, 204 Cal. App. 3d 789 (Cal. Ct. App. 1988).
Beck v. Cnty. of Santa Clara, 204 Cal. App. 3d 789 (Cal. Ct. App. 1988). · cites it 7× “The transfer of authority over the jail to the new county department is authorized by a statute, Government Code section 23013. 1 A central issue is the constitutional validity of that statute.”
People Ex Rel. Deputy Sheriffs' Ass'n v. Cnty. of Santa Clara, 96 Cal. Daily Op. Serv. 7484 (Cal. Ct. App. 1996). · cites it 3× “The office of chief probation officer is established in Welfare and Institutions Code section 270.”
Thomas Brewster v. Shasta Cnty., a Pub. Entity Brad McDannold an Individual D. Compomizzo, an Individual, 275 F.3d 803 (9th Cir. 2001). “Under California Government Code section 23013, the counties also “retain the power to transfer control of a county jail from the sheriff to a county-created department of corrections.”
Streit v. Cnty. of Los Angeles, 236 F.3d 552 (9th Cir. 2001). · cites it 2× “The counties retain the power to transfer control of a county jail from the sheriff to a county-created department of corrections, suggesting that the counties actually control and operate the jails, and not the state via the sheriffs.”
People v. Garcia, 178 Cal. App. 3d 887 (Cal. Ct. App. 1986). “; Gov. Code, § 23013.) The last element of the definition of “custodial officer” relates to the officer’s tasks and responsibilities.”
Cantu v. Kings Cnty. (E.D. Cal. 2021). “(citing Cal. Gov. Code § 23013 , 25303 and Beck v.”
Untitled California Attorney Gen. Opinion (Cal. Att'y Gen. 1989). · cites it 2× “3d at page 803 , "[w]e conclude that the statute [Government Code, section 23013] authorizes a county to assume all or a portion of the jail function, as it sees fit.”
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