Chapter 4
ARREST, FINES AND IMPRISONMENT

Sections:

4-1.    Notice to person arrested to appear in court – Generally.

4-2.    Same – Copy to be delivered to arrested person; procedure for and release of person arrested from custody.

4-3.    Same – Duplicate to be filed with magistrate; magistrate to fix bail and indorse notice; procedure when defendant deposits bail and fails to appear.

4-4.    Same – When warrant for arrest issued.

4-5.    Violation of promise to appear.

4-6.    Warrant for arrest generally.

4-7.    Working prisoners on streets, etc. – Supervisor – To be appointed by sheriff.

4-8.    Same – Same – Sheriff to control, direct, etc.

4-9.    Same – Same – To be deputized; manner of working and supervising prisoners generally.

4-10.    Same – Working adult probationers.

4-11.    Compensation for counsel assigned to indigent defendants.

4-12.    General penalty; continuing violations.

4-13.    (Blank).

4-13.1.    Work furlough plan for prisoners – Adoption.

4-13.2.    Same – Sheriff to administer plan.

As to disposition of fees received by county constables, see § 2-13 of this Code.

As to judicial districts, see §§ 2-68 to 2-70.

4-1 Notice to person arrested to appear in court – Generally.

If any person is arrested for a violation of any provision of this Code or other county ordinance, and such person is not immediately taken before a magistrate as is more fully set forth in the Penal Code of the state, the arresting officer shall prepare in duplicate a written notice to appear in court, containing the name and address of such person, the offense charged, and the time and place where and when such person shall appear in court.

The time specified in the notice to appear shall be at least five days after such arrest.

The place specified in the notice to appear shall be either:

1.  Before a judge of the justice court, or a municipal court judge within the county in which the offense charged is alleged to have been committed, and who has jurisdiction of the offense, and who is nearest and most accessible with reference to the place where the arrest is made.

2.  Upon demand of the person arrested, before a judge of the justice court, or a municipal court judge having jurisdiction of such offense at the county seat of the county in which such offense is alleged to have been committed, or before a judge of the judicial district in which the offense is alleged to have been committed.

3.  Before an officer authorized by the county to receive a deposit of bail. The clerks and deputy clerks of the justice courts are persons authorized to receive bail in accordance with the schedule of bail approved by the judges of such courts. (Ord. No. 260, § 1.)

4-2 Same – Copy to be delivered to arrested person; procedure for and release of person arrested from custody.

The arresting officer shall deliver one copy of the notice to appear provided for by section 4-1 to the arrested person, and the arrested person in order to secure release shall give his written promise to appear in court by signing the duplicate notice which shall be retained by the officer. Thereupon the arresting officer shall forthwith release the person arrested from custody. (Ord. No. 260, § 1.)

4-3 Same – Duplicate to be filed with magistrate; magistrate to fix bail and indorse notice; procedure when defendant deposits bail and fails to appear.

The arresting officer shall, as soon as practicable, file the duplicate notice provided for by section 4-1 with the magistrate specified therein. Thereupon the magistrate shall fix the amount of bail which in his judgment, in accordance with the provisions of Section 1275 of the Penal Code, will be reasonable and sufficient for the appearance of the defendant and shall indorse upon the notice a statement signed by him in the form set forth in Section 815a of the Penal Code of the state. The defendant may, prior to the date upon which he promised to appear in court, deposit with the magistrate the amount of bail thus set. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant shall not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may in his discretion order that no further proceedings shall be had in such case.

Upon the making of such order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the county treasury for distribution pursuant to Section 1463 of the Penal Code. (Ord. No. 260, § 1.)

4-4 Same – When warrant for arrest issued.

No warrant shall be issued on any charge for the arrest of a person who has given written promise to appear in court, unless and until he has violated such promise or has failed to deposit bail, to appear for arraignment, trial or judgment, or to comply with the terms and provisions of the judgment, as required by law. (Ord. No. 260, § 1.)

4-5 Violation of promise to appear.

Any person wilfully violating his written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested. (Ord. No. 260, § 2.)

4-6 Warrant for arrest generally.

When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in Section 853.1 of the Penal Code, the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty days after his failure to appear as promised, or if such person promises to appear before an officer authorized to accept bail other than a magistrate and fails to do so on or before the date which he promised to appear, then, within twenty days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense.

When such person violates his promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer. (Ord. No. 260, § 3.)

4-7 Working prisoners on streets, etc. – Supervisor – To be appointed by sheriff.

It is hereby made the duty of the sheriff of the county whenever there shall be in the county jail three or more prisoners under judgment of conviction of misdemeanors, or adult probationers required to work, to appoint some responsible person to supervise and direct, the working of such prisoners confined in the jail upon the public grounds, roads, streets, alleys, highways, or public buildings, or in such other places as may be deemed advisable for the benefit of the county. (Ord. No. 209, § 1.)

4-8 Same – Same – Sheriff to control, direct, etc.

The person appointed pursuant to section 4-7 shall be under the supervision and control of the sheriff and shall work the prisoners upon the public grounds, roads, streets, alleys, highways, or public buildings, or in such other public places as the sheriff may direct and deem advisable for the benefit and best interests of the county. (Ord. No. 209, § 2.)

4-9 Same – Same – To be deputized; manner of working and supervising prisoners generally.

The person appointed pursuant to section 4-7 shall be deputized by the sheriff, and shall keep the prisoners, when working together, as near as possible and practicable, and shall keep a close and careful supervision over them to prevent any escape. (Ord. No. 209, § 3.)

4-10 Same – Working adult probationers.

When adult probationers are required to work at public work by an order granting probation as permitted by Section 1203.1 of the Penal Code of the state, then such adult probationers who have dependents shall receive as compensation for their services the sum of two dollars per day each, which sum shall be paid directly to the dependents of such probationers as required by order of the court granting probation. The board of supervisors shall have the right by minute order to change the rate of compensation of such adult probationers. (Ord. No. 209, § 4.)

4-11 Compensation for counsel assigned to indigent defendants.

(a)  In any criminal case in the county where a defendant is unable to employ counsel and where counsel is assigned in the superior court to defend such defendant, such counsel, upon recommendation of the superior court or of the judge thereof, shall be entitled to receive a reasonable sum for compensation and for necessary expenses, and the amount of which shall be determined by the board of supervisors.

(b)  Any sum so ordered paid as aforesaid shall be paid out of the general fund of the county upon an approved claim. (Ord. No. 166, §§ 1, 2.)

4-12 General penalty; continuing violations.

(a)  Whenever in this Code or in any other ordinance of the county, or in any rule or regulation promulgated pursuant thereto, any act is prohibited or made or declared to be unlawful or an offense, or the doing of any act is required or the failure to do any act is declared to be unlawful or a misdemeanor, where no specific penalty is provided for, the violation of any such provision of this Code or any other ordinance, rule or regulation of the county shall be punished by a fine not exceeding five hundred dollars or imprisonment for a term not exceeding six months, or by both such fine and imprisonment.

(b)  Every day any violation of this Code or any other ordinance, rule or regulation of the county shall continue shall constitute a separate offense.

For state law establishing a penalty of a fine not exceeding five hundred dollars or six months imprisonment or both for commission of a misdemeanor, see Pen. C., § 19.

4-13 (Blank).

4-13.1 Work furlough plan for prisoners – Adoption.

The board of supervisors finds, on the basis of local employment conditions, the state of the county jail facilities, and other pertinent circumstances considered by this board, that the operation of Section 1208 of the state Penal Code, providing for the operation of a work furlough plan for county jail prisoners, is feasible. (Ord. No. 287, (part).)

4-13.2 Same – Sheriff to administer plan.

The sheriff of the county is designated as the officer who shall perform the functions of the work furlough administrator. (Ord. No. 287, (part).)