1936/1944 Jail Rules Booklet
Forerunner to Current Statewide Minimum Standards
Under an opinion of the Attorney General, a sheriff is not authorized to receive a prisoner in his jail until after such person has been arraigned and regularly committed by a justice, judge or magistrate, or other legal process.
It is the duty of each sheriff to "safely keep" all prisoners committed to his custody. Any person who is permitted outside the jail without lawful authority is considered an escape. The Attorney General has rendered an opinion that "lawful authority," as provided in Section 92 of the County Law, means the authority given by an order made or granted by a court or judge having competent jurisdiction, and that the only exception thereto is the authority conferred upon the Board of Supervisors or County Judge of a Countyas set forth in Section 93 of the County Law.
No prisonersn should be released until the legal expiration of sentence, or as otherwise directed by the court. The committing maginstrate cannot order the release of a prisoner under sentence, ex-
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