Cal. Codes » Penal Code / PART 3. OF IMPRISONMENT AND THE DEATH PENALTY / TITLE 4. COUNTY JAILS, FARMS AND CAMPS / CHAPTER 1. County Jails
California Codes

Cal. Penal Code § 4001 (2026)

✓ current as of May 2026
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Each county jail must contain a sufficient number of rooms to allow all persons belonging to either one of the following classes to be confined separately and distinctly from persons belonging to either of the other classes:

1.Persons committed on criminal process and detained for trial;

2.Persons already convicted of crime and held under sentence;

3.Persons detained as witnesses or held under civil process, or under an order imposing punishment for a contempt.

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2004–2025 · leading case: Oscar W. Jones v. Lou Blanas Cnty. of Sacramento, 393 F.3d 918 (9th Cir. 2004).
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Oscar W. Jones v. Lou Blanas Cnty. of Sacramento, 393 F.3d 918 (9th Cir. 2004). · cites it 3× “Cal.Penal Code § 4001; see also id. § 4002(a)(“Persons committed on criminal process and detained for trial, persons convicted and under sentence, and persons committed on civil process, shall not be kept or put in the same room.”
(PC) Hall v. Cnty. of Fresno (E.D. Cal. 2020). · cites it 2× “7 According to Cal. Penal Code §4001 , the jail is supposed to have a housing unit for each 8 class of inmates.”
Wyatt B. v. Kotek (9th Cir. 2025). · cites it 2× “2004) (considering California’s statutory requirements for pretrial detainees charged under California’s Sexually Violent Predator Act to determine whether the state’s actions violated plaintiff’s substantive due process rights (citing Cal. Penal Code §§ 4001 , 4002(a); Cal.…”
(PC) Stephenson v. Cnty. of Placer (E.D. Cal. 2024). “54-1 at 6 (quoting Cal. Pen. Code §§ 4001 ; 4002)). But plaintiff was himself detained under criminal process.”
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