ARTICLE 2. Prisoners’ Property [26640. - 26646.]

Cal. Government Code - GOV 2.

in effect

Cal. Government Code - GOV § 26640. Section 26640.

The sheriff shall take charge of, safely keep, and keep a correct account of, all money and valuables found on each prisoner when delivered at the county jail. Except when otherwise ordered by a court of competent jurisdiction, the sheriff shall pay such money or sums therefrom and deliver such valuables or portions thereof as the prisoner directs and shall pay and deliver all the remainder of his money and valuables to the prisoner or to his order upon his release from the jail or to his legal representative in case of his death or legal incapacity to make decisions.

Cal. Government Code - GOV § 26641. Section 26641.

When any prisoner is removed to a state hospital or to a state prison or is released to the custody of an officer of another jurisdiction, his money and valuables or the remainder shall be transmitted to the hospital or prison or entrusted to the officer for the prisoner’s account.

Cal. Government Code - GOV § 26642. Section 26642.

The sheriff shall pay into the general fund for the use and benefit of the county any money of a prisoner or the proceeds of the sale of his or her valuables remaining unclaimed for a period of one year after his or her release, or five years after his or her death, or 120 days after a notice has been sent to his or her last known address or, in the event of his or her death, one year after a notice has been sent to his or her last known next of kin.

Cal. Government Code - GOV § 26643. Section 26643.

When any prisoner dies or loses the legal capacity to make decisions, the sheriff shall make diligent effort to communicate the fact to friends or relatives of the prisoner, together with information on the state of the prisoner’s account.

Cal. Government Code - GOV § 26644. Section 26644.

Any money and valuables of a prisoner and the accounts are subject to audit by the county auditor.

Cal. Government Code - GOV § 26645. Section 26645.

For failure to comply with this article, the sheriff is liable on his official bond.

Cal. Government Code - GOV § 26646. Section 26646.

The sheriff, with the approval of the county auditor, may establish bank accounts in which money received by the sheriff for bail and fines may be deposited and disbursed to the courts of proper jurisdiction. All moneys received and disbursed through such bank accounts shall be properly and uniformly accounted for under such procedures as the auditor may deem necessary.

Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026