County employees a deputy to oversee inmate work force that mows courthouse lawn, etc. Commissioners apparently have not been happy with the utilization of this work force, so there is now a proposal for the sheriff to carry the supervisor's peace officer commission but for the commissioners to have supervisory power over the work force supervisor.

Does anyone know offhand whether there is a problem with allowing someone who is not a deputy sheriff (but is nonetheless a certified peace officer) to have care, custody, and control of inmates who are allowed to go out on county projects?

I am not certain as to the answer to your question, but check out CCP Art. 43.10 and 43.101.

We have had road and bridge supervisors certified as jailers to oversee inmates serving on road work crews, but there has been some legitimate concern about that within the sheriff's department. Inmates committed to the jail are in the sheriff's custody (thus, he is responsible for them) by virtue of CCP arts. 16.20 and 16.21. If the program in question is a manual labor or voluntary work arrangement under arts. 43.10 or 43.101, the inmate still remains under the custody and supervision of the sheriff. See arts. 43.10(2), (3), 43.101(a), (b). I suppose it could be finagled under some sort of work-release or community service program, but that will rest with the sheriff and the sentencing court agreeing to allow inmates to work under those circumstances. In the end, I think the whole question depends on whether the sheriff is amenable to the scheme.

I bow to the wisdom of my colleage to the northwest. We have tried something similar and, legalities aside, it doesn't work. There seems to be an inherent antagonism between commissioners and the sheriff, with the inmates in the middle.

Since they are inmates, if there is a problem - escape, injury, fight, et cetera, the sheriff will end up with the responsibility. It isn't fair to give him that burden without the control....

I appreciate the input. I am mainly worried about the sheriff having responsibility in the event of a mishap such as an escape or injury, but not having control of the situation as far as who is supervising the inmates or how they are doing it.

Thanks again.