Cal. Code Regs. Tit. 2, § 776 - Claims of Sheriffs
(a)
General Provisions. Sheriffs are entitled to reimbursement for expenses
incurred in the transportation of prisoners, patients, or wards to state
institutions except in the case of transportation of criminal insane to state
hospitals or placing a defendant in a diagnostic facility, which is chargeable
to the county.
(b) Allowable
Expenses. The general traveling expense rules of the State Board of Control
will be followed in presenting claims with the following limitations:
(1) Subsistence allowances shall be in
accordance with Rule 706(a)(1), Short-Term Allowance, and Rule 706(c),
Computation of Allowances, except that no per diem shall be paid for any length
of travel which totals less than 8 hours. Meal subsistence when the travel time
is more than 4 but less than 8 hours will be paid according to the rate
established in Rule 706(c), Business Related Meals. Subsistence may be claimed
for each county employee who is actually transporting prisoners, patients, or
wards and any non-county employee who may act as a matron.
(2) Any salary allowance reimbursement to a
non-county employee acting as a matron shall be computed at the minimum entry
level hourly rate for a comparable county employee.
(3) Distance expenses will be paid for total
round trip distance at the rate of 18.5 cents per 1.6 kilometer (mile). The
same rate shall be paid regardless of type of vehicle.
(4) A subsistence allowance of $1.75 per
person per meal may be claimed for each prisoner, patient, or ward being
transported only when the time elapsed is in excess of 4 hours one
way.
(5) Bus or train. When
transportation is by bus or train, reimbursement shall be based on either (A)
or (B) below providing the sheriff indicates on the claim the mode of
transportation; i.e., regularly scheduled bus, regularly scheduled train,
chartered bus, or county-owned bus. The allowances provided in subsections (1)
through (4) above may also be claimed if otherwise allowable.
(A) When transportation is by regularly
scheduled bus or train, the actual and necessary cost of such transportation,
not to exceed one first class, round-trip fare for each deputy (and matron, if
necessary) and one first class, one-way fare for each patient or prisoner
transported, may be claimed. The actual and necessary cost of such
transportation may include taxi fares incurred at locations other than the
county seat of the committing county if supported by receipt. Pullman charges
are not allowed.
(B) When
transportation is by chartered or county-owned bus, reimbursement may be
claimed according to the mileage allowance referenced in(3)
above.
(6) Aircraft. When
transportation is by scheduled airline, reimbursement shall be based on Rule
713(a), Scheduled Airline. When transportation is by chartered aircraft,
reimbursement will be for the actual cost not to exceed the equivalent cost of
scheduled airlines' fares.
(7)
Ambulance. When transportation is by ambulance, reimbursement shall be based on
the actual cost of ambulance service. The allowances provided in subsections
(b)(1) through (b)(4) above may also be claimed if otherwise
allowable.
(c)
Submissions of Claims.
(1) Form. Claims for
payment of expenses shall be made on forms provided by the State
Controller.
(2) Submission.
(A) Claims for transportation of persons
delivered directly to institutions under the jurisdiction of the Department of
Corrections and Department of the Youth Authority, shall be filed with the
State Controller, Sacramento.
(B)
Claims for transportation of persons delivered directly to institutions under
the jurisdiction of the Department of Mental Health or the Department of
Developmental Services shall be filed in duplicate with the Department of
Mental Health or the Department of Developmental Services,
Sacramento.
(C) Claims for the
return of escapees or parolees to institutions under the jurisdiction of the
Department of the Youth Authority, Department of Corrections, and Department of
Mental Health or the Department of Developmental Services shall be filed in
duplicate with the institution concerned.
(3) Vouchers. The vouchers required to be
submitted with such claims are:
(A) Receipt
from the institution showing delivery of prisoner, patient, or ward, code
section under which committed and names of all persons by whom delivery was
made.
(B) Receipt for cost of
ambulance when trip is made by ambulance.
(C) Receipt for taxi fare when trip is made
by regularly scheduled bus or train.
(D) Any other receipts or vouchers which may
be applicable under Rule 710, Receipts or
Vouchers.
(d)
Probation Officers and Others. Claims for transportation expenses by probation
and parole officers, or others, where authorized by law, shall be governed by
these rules. Any such claim shall be accompanied by a copy of the court order
designating the claimant to make the delivery.
Notes
2. Editorial correction of subsection (b)(1) (Register 77, No. 48).
3. Amendment of subsection (c) filed 6-8-79 as an emergency; designated effective 7-1-79 (Register 79, No. 23). Certificate of Compliance included.
4. Editorial correction of subsection (c)(3), (Register 79, No. 29).
5. Amendment of subsection (b)(3) filed 3-12-80; effective thirtieth day thereafter (Register 80, No. 11).
Note: Authority cited: Sections 13920 and 26749, Government Code. Reference: Section 26749, Government Code and Sections 1203.03(d) and 1373, Penal Code.
2. Editorial correction of subsection (b)(1) (Register 77, No. 48).
3. Amendment of subsection (c) filed 6-8-79 as an emergency; designated effective 7-1-79 (Register 79, No. 23). Certificate of Compliance included.
4. Editorial correction of subsection (c)(3), (Register 79, No. 29).
5. Amendment of subsection (b)(3) filed 3-12-80; effective thirtieth day thereafter (Register 80, No. 11).
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