AMENDED IN SENATE AUGUST 3, 2026

AMENDED IN ASSEMBLY MAY 22, 2026

AMENDED IN ASSEMBLY MAY 19, 2026

AMENDED IN ASSEMBLY APRIL 15, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

95

Introduced by Assembly Member Hart

February 19, 2026

An act to amend Section 26605 of, and to add Section 23016 to, the Government Code, and to add Section 4034 to the Penal Code, relating to corrections.

Vote: majority   Appropriation: no   Fiscal committee: no   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law authorizes a board of supervisors of any county to, by resolution, establish a department of corrections, to be headed by an officer appointed by the board, which has jurisdiction over all county functions, personnel, and facilities, or so many as the board names in its resolution, relating to institutional punishment, care, treatment, and rehabilitation of prisoners, including, but not limited to, the county jail and industrial farms and road camps, their functions and personnel. Existing law, except as specified, requires the sheriff to take charge of and be the sole and exclusive authority to keep the county jail and the prisoners in it, as specified, and generally imposes requirements and duties on sheriffs for the keeping of jails.

This bill would authorize a board of supervisors to, by resolution, majority vote, establish the position of jail administrator and impose procedures for the nomination and confirmation or denial of a candidate for the position. The bill would prescribe the powers and duties of jail administrators. The bill would provide that the sheriff retains specified authority with respect to the jail administrator, including the authority to remove the jail administrator, as specified. The bill would also revise the provision requiring the sheriff to take charge of and be the sole and exclusive authority to keep the county jail and the incarcerated persons to state that the provision does not apply in counties that have appointed a jail administrator pursuant to the authority described above. The bill would also specify that “sheriff” includes a jail administrator for the purposes of requirements and duties imposed on sheriffs for the keeping of jails, as specified.

The people of the State of California do enact as follows:

SECTION 1.

Section 23016 is added to the Government Code, to read:

23016.

(a) A board of supervisors may, by resolution, establish the position of jail administrator.

(b) If the board establishes the position of jail administrator, the sheriff of the county shall nominate a qualified candidate to fill the position and submit that nomination to the board within 90 days of the establishment of the position.

(c) (1) The board shall confirm or deny the appointment of the candidate submitted pursuant to subdivision (b) by resolution majority vote within 60 days of the submission.

(2) In determining whether to confirm or deny the appointment pursuant to paragraph (1), the board may consider any relevant factor, including, but not limited to, any of the following:

(A) Professional experience in corrections management.

(B) Experience managing public budgets.

(C) Extensive familiarity with Title 15 of the California Code of Regulations and national standards for jail accreditation.

(D) Extensive familiarity with the requirements for appropriate medical and mental health care within a correctional setting.

(E) Demonstrated commitment to protecting the civil and human rights of incarcerated individuals.

(F) Knowledge of best practices and evidence-based approaches to rehabilitation.

(d) (1) If the board denies the candidate pursuant to subdivision (c), the sheriff shall nominate a different candidate to fill the position and submit that nomination to the board within 60 days of the denial.

(2) The board shall confirm or deny the appointment of the new candidate pursuant to the procedures described in subdivision (c).

(e) A jail administrator appointed pursuant to this section shall have all of the following powers and duties:

(1) They shall be the executive officer of all county jails and have supervisory authority over all staff and incarcerated individuals.

(2) (A) Subject to subdivision (g), (f), they shall serve a term of three years.

(B) If an interim jail administrator serving pursuant to subdivision (e) or an acting jail administrator appointed pursuant to paragraph (1) of subdivision (h) (g) is confirmed, their time spent as interim or acting jail administrator before being confirmed does not count towards the three-year term described in subparagraph (A).

(3) If they are a peace officer, they shall retain peace officer status to the extent allowable under Section 830.1 of the Penal Code.

(f) If a jail administrator is appointed pursuant to this section, the sheriff shall retain authority to supervise, direct the day-to-day operations of, evaluate, discipline, or remove the jail administrator.

(g) Subject to subdivision (i), (h), if there is a vacancy in the jail administrator position for any reason, reason following the establishment of the position and the board’s initial decision to confirm or deny the appointment of a candidate, including, but not limited to, expiration of the term as described in paragraph (2) of subdivision (f), (e), removal of the jail administrator by the sheriff pursuant to subdivision (g), (f), or resignation of the jail administrator, all of the following apply:

(1) (A) The sheriff shall appoint an acting jail administrator within three days of the vacancy.

(B) Subject to subparagraph (C), the acting jail administrator shall not serve for more than 150 days.

(C) The board may authorize the acting jail administrator to serve additional 60-day terms.

(D) If an acting jail administrator’s term expires and a candidate has not been confirmed pursuant to paragraph (2), the sheriff shall appoint a different jail administrator within three days of the expiration, who shall serve consistent with subparagraphs (B) and (C).

(2) (A) The sheriff shall nominate a candidate to fill the position and submit that nomination to the board within 90 days of the vacancy.

(B) The sheriff may, but is not required to, nominate the acting jail administrator appointed pursuant to paragraph (1) as the candidate.

(C) The confirmation or denial of the candidate shall proceed consistent with the procedures described in subdivisions (c) and (d).

(h) (1) Up to six months before a jail administrator’s term expires pursuant to paragraph (2) of subdivision (f), (e), the sheriff may nominate and submit to the board a candidate to serve when the term expires.

(2) The confirmation or denial of the candidate shall proceed consistent with the procedures described in subdivisions (c) and (d).

SEC. 2.

Section 26605 of the Government Code is amended to read:

26605.

(a) Notwithstanding any other provision of law, the sheriff shall take charge of and be the sole and exclusive authority to keep the county jail and the incarcerated persons in it including persons confined to the county jail pursuant to subdivision (b) of Section 3454 of the Penal Code for a violation of the terms and conditions of their postrelease community supervision, except for work furlough facilities where by county ordinance the work furlough administrator is someone other than the sheriff.

(b) Subdivision (a) does not apply to either of the following:

(1) A county in which the sheriff, as of July 1, 1993, is not in charge of, and does not have the sole and exclusive authority to keep, the county jail and the incarcerated persons in it.

(2) A county that has appointed a jail administrator pursuant to Section 23016.

SEC. 3.

Section 4034 is added to the Penal Code, to read:

4034.

For purposes of this chapter, “sheriff” includes a jail administrator appointed pursuant to Section 23016 of the Government Code.