Policy Text
Copyright Lexipol, LLC 2025/09/3 0, All Rights Reserved.
Published with permission by Santa Clara County Office of the
Sheriff Authority and Legal Assistance - 1 Santa Clara County Office of the Sheriff
Custody Manual
Authority and Legal Assistance
101.1 PURPOSE AND SCOPE
This policy acknowledges and reflects the legal authority under which the Santa Clara County
Office of the Sheriff shall operate and maintain local detention facilities in this state. In addition to
the authority vested by state law, the jails operate in accordance with these laws, constitutional
mandates, regulations, and local ordinances.
101.2 POLICY
It is the policy of the Sheriff's Office to operate the Main Jail and Elmwood facilities pursuant to
the legal authority conferred by state and local law, including, but not limited to Government Code
§ 23013, Penal Code § 4000, Section 509 of the County of Santa Clara Charter, and Sections
A20-38 through A20 -44 of the County of Santa Clara Ordinance Code.
It is the policy of the Sheriff's Office the Mail Jail and Elmwood facilities will be maintained by all
lawful means for the incarceration of persons suspected of violating the law or who have been
adjudicated as guilty of committing a crime or civil offense by a competent legal authority, as
prescribed by law.
101.3 LEGAL ASSISTANCE
Except as provided in Government Code § 31000.6, the Office of the County Counsel is the
legal advisor to the Sheriff's Office and should be consulted on legal matters (e.g., employment,
constitutional, or statutory issues).
101.4 REQUESTING LEGAL OPINIONS FROM COUNTY COUNSEL
Sheriff's Office staff shall refer to County Board Policy for Legal Services 1.45 and the Client Legal
Guide.
The Office of the County Counsel has assigned various legal advisors that specialize in different
areas of the law (e.g., general advice, labor and employment, technology, litigation, and consent
decrees) to assist the Custody Bureau with its legal needs. Sworn staff members who work closely
with County Counsel on an ongoing basis are not required to obtain advanced permission to obtain
legal advice.
Sworn staff seeking legal advice on change in practice, new legal questions, or novel issues
(such as new legislation) must first consult with the Assistant Sheriff of Custody Operations or the
Assistant Sheriff of Support Services before contacting the Office of County Counsel.
101.5 POLICY REVIEW
This policy shall be reviewed at least once every two years. Policy
101
Copyright Lexipol, LLC 2025/09/3 0, All Rights Reserved.
Published with permission by Santa Clara County Office of the
Sheriff Authority and Legal Assistance - 2 Santa Clara County Office of the Sheriff
Custody Manual
Authority and Legal Assistance
101.6 POLICY TRACKING
Date of Origin 06/09/2025
Review Date 09/29/2027
Revision Date
Date Approved 09/29/2025
Effective Date 09/30/2025
Supersedes Policy 101 signed 06/07/2023
References Penal Code 4000, Government Code 23013,
Government Code 31000.6, Santa Clara County
Charter 509, Santa Clara County Ordinances
A20-38 through A20 -44, Santa Clara County
Personnel Policy and Procedure, Santa Clara
County Ordinance Codes and Merit System Rules
Regulatory Authority 15 CCR 1029
Signature of Issuing Authority
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