Section 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.Cal. Code Regs. Tit. 2, § 776
1. Amendment of subsections (a), (b)(1), (b)(3), (c)(2)(B) and (C) filed 2-25-77; effective thirtieth day thereafter (Register 77, No. 9). For prior history, see Register 76, No. 42.
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.
1. Amendment of subsections (a), (b)(1), (b)(3), (c)(2)(B) and (C) filed 2-25-77; effective thirtieth day thereafter (Register 77, No. 9). For prior history, see Register 76, No. 42.
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).