California Codes
Cal. Government Code § 26605 (2026)
✓ current as of May 2026
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Notwithstanding any other provision of law, except in counties in which the sheriff, as of July 1, 1993, is not in charge of and the sole and exclusive authority to keep the county jail and the prisoners in it, the sheriff shall take charge of and be the sole and exclusive authority to keep the county jail and the prisoners in it including persons confined to the county jail pursuant to subdivision (b) of Section 3454 of the Penal Code for a violation of the terms and conditions of their postrelease community supervision, except for work furlough facilities where by county ordinance the work furlough administrator is someone other than the sheriff.
Notes of Decisions
Cited in 25
cases (1 in the last 5 years), 1978–2023 · leading case: Starr v. Baca, 652 F.3d 1202 (9th Cir. 2011).
Starr v. Baca, 652 F.3d 1202 (9th Cir. 2011). “at 1446 (citing Cal. Gov. Code §§ 26605 , 26610; CaLPenal Code § 4006).”
Clifton Redman v. Cnty. of San Diego Capt. Richard Beall Lt. Robert Witcraft Sgt. Dan Canfield Deputy Gene Turner, & Does I Through Xx, Inclusive, 942 F.2d 1435 (9th Cir. 1991). “See Cal.Gov.Code § 26605, 26610, Cal.Penal Code § 4006; Brandt, 84 Cal.”
People v. Jacinto, 231 P.3d 341 (Cal. 2010). “Indeed, Detective Basurto of the Sonoma County Sheriff's Department investigated the crime in this case. But this formal identity between sheriff's deputies operating and providing protective services in the jail and detectives in the law enforcement division investigating…”
People Ex Rel. Deputy Sheriffs' Ass'n v. Cnty. of Santa Clara, 96 Cal. Daily Op. Serv. 7484 (Cal. Ct. App. 1996). “These and other jail functions are confided to the sheriff (Gov. Code, § 26605) or Corrections (Gov. Code, § 23013) and are delineated in the Government and Penal Codes.”
Starr v. Baca, 633 F.3d 1191 (9th Cir. 2011). “at 1446 (citing Cal. Gov. Code §§ 26605 , 26610; Cal.Penal Code § 4006).”
Cnty. of Los Angeles v. Superior Court, 98 Cal. Daily Op. Serv. 9398 (Cal. Ct. App. 1998). ““ (Gov. Code, § 26605.) “The common jails in the several counties of this State are kept by the sheriffs of the counties in which they are respectively situated, and are used as follows: [10 1.”
Villarreal v. Cnty. of Monterey, 254 F. Supp. 3d 1168 (N.D. Cal. 2017). “” Cal. Gov. Code § 26605 ; Redman, 942 F.2d at 1446 .”
BOUGERE v. Cnty. of Los Angeles, 2006 Cal. Daily Op. Serv. 6219 (Cal. Ct. App. 2006). “) The Peters court also noted that state law imposes on county sheriffs the duty to enforce criminal law (Gov.”
Brandt v. Bd. of Supervisors, 84 Cal. App. 3d 598 (Cal. Ct. App. 1978). “He is enjoined by statute to take charge of and keep the county jail and the prisoners in it (Gov. Code, §§ 26605, 26610). He is given the authority to summon the aid of as many male inhabitants as he thinks necessary for the execution of his duties (Gov.”
Streit v. Cnty. of Los Angeles, 236 F.3d 552 (9th Cir. 2001). “These laws establish that the relationship regarding the administration of the prisons system is between the counties and the sheriffs, not the state and the sheriffs.”
Est. of Abdollahi Ex Rel. Abdollahi v. Cnty. of Sacramento, 405 F. Supp. 2d 1194 (E.D. Cal. 2005). “Plaintiffs claim that Blanas’ alleged failure to fulfill these mandatory duties makes him negligent per se.”
Bd. of Supervisors v. Superior Court, 95 Cal. Daily Op. Serv. 2757 (Cal. Ct. App. 1995). “) Government Code section 26605 generally provides that the sheriff shall take charge of and keep the county jail and the prisoners in it, with specified exceptions not applicable here.”
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