HomeMy WebLinkAboutMINUTES - 12081987 - 2.3 _ a3
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on . December 8, 1987 , by the following vote:
AYES: Supervisors Powers, Fanden, Schroder, Torlakson, McPeak
NOES: None
ABSENT: None
ABSTAIN: None
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SUBJECT: Legislation Relating to Release of Inmates
The Board received the attached report dated November
24, 1987 from Victor J. Westman, County Counsel, relating to
statutory limitation on release of persons arrested pursuant to
outstanding warrants. .
Board members discussed the matter and agreed on the
need for the Sheriff to have the discretion to release persons
arrested on misdemeanor warrants.
Therefore, IT IS BY THE BOARD ORDERED that the report
from County Counsel is REFERRED to the County Administrator and
Sheriff for review and report to the Board on options available to
the County.
cc: County Administrator
Sheriff
County Counsel Ihereby certify that ihlsisatrue and cerrectcopy of
an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: 1/O rnkA/ 4 A917
PHIL BAMMELOR, G9e7k cf the `•;oa:d
of SupeMsors and Ccunty Ad,nini,treaor
By or-puiy
COUNTY COUNSEL'S OFFICE ������]��
CONTRA COSTA COUNTY e�
Dare: November 24 , 1987 MARTINEZ, CALIFORNIA NoV A�71JV
PHIL BATCHELOR
To: Board of Supervisors CLERK BOARD OF SUPERVISORS
CONTRA C STA_O.
From: Victor J. We y Counsel
By: Edw a Jr Deputy County Counsel
Re: Statutory L' atio On Release of Persons Arrested Pursuant
To Outstanding Warrants
We have been requested by Supervisors Fanden and Torlakson
to report on:
1. The recent statutory enactment limiting the
ability of the Sheriff to release persons arrested
on outstanding warrants; and
2 . Payment of cost of incarceration of out-of-county
inmates arrested in this County on outstanding
warrants.
1. Chapter 1303 , Stats. 1987, enacted as an urgency
statute and effective on about September 9 , 1987, added § 827 . 1
to the Penal Code. Section 827. 1 reads in part as follows:
"A person who is specified or designated in a warrant
of arrest for a misdemeanor offense may be released
upon the issuance of. a citation, in lieu of physical
arrest, unless one of the following conditions exists:
(k) The warrant of arrest indicates that the person is
not eligible to be released on a citation. " '
Before the enactment of Section 827 . 1 , this office had
opined that the Sheriff had the discretion to release not-
withstanding the designation on the warrant by the Municipal
Court ( see Penal Code § 853 . 6 et seq. ) . The new law appears to
take away the discretion. Consequently, under the new law the
Sheriff will no longer be able to release persons arrested on
misdemeanor warrants indicating no cite release.
2. We understand from the Sheriff' s Department that,
pursuant to reciprocal agreements with other counties, this
County pays the cost of incarceration of persons arrested on out-
of-county warrants, and other counties pay their cost of holding
-2-
persons on Contra Costa warrants. Apparently, this arrangement
benefits the County.
EVL: e
cc: Supervisor Fanden
Supervisor Torlakson
County Administrator,
Attn. C. L. Van Marter
Sheriff-Coroner