Colorado § 17-26-102 - Keeper of jail - expenses.

§ 17-26-102. Keeper of jail - expenses.

The sheriff of the county, in person or by deputy appointed for that purpose, shall be the keeper of the county jail. He shall be responsible for the manner in which the same is kept. He shall see that the same is kept clean, safe, and wholesome. The expenses of keeping the jail in good order and repair and of lighting and warming that part thereof wherein prisoners are confined and the office in the jail shall be paid by the county wherein the jail is situated. Nothing in this section shall authorize the lighting or warming of that part of the jail occupied by the keeper thereof as his dwelling house.

Source: L. 77: Entire title R&RE, p. 935, § 10, effective August 1.

Editor's note: This section is similar to former § 27-26-102 as it existed prior to 1977.

Cross references: For the sheriff as custodian of the jail, see also § 30-10-511.

ANNOTATION

Annotator's note. Since § 17-26-102 is identical to repealed § 27-26-102, relevant cases construing that provision have been included in the annotations to this section.

General powers of county commissioners yield to special powers of sheriff in reference to jails. General powers conferred upon the board of county commissioners with respect to county property, when in conflict with the special, particular powers conferred upon the sheriff with reference to jails, must yield to the latter. Richart v. Bd. of County Comm'rs, 95 Colo. 153, 33 P.2d 971 (1934).

Hence, sheriff may determine use of particular rooms. It is for the sheriff to determine whether or not a particular room or some other place in the jail should be used for cleaning and conference purposes. The county commissioners have no authority to forbid the sheriff to occupy a vacant room as a living room. Richart v. Bd. of County Comm'rs, 95 Colo. 153, 33 P.2d 971 (1934).

For various powers and duties of sheriff as jailer, see Richart v. Bd. of County Comm'rs, 95 Colo. 153, 33 P.2d 971 (1934).

A jailer cannot perform satisfactorily the duties imposed upon him by law without living in the jail. To accomplish the best results, he should be present night and day to control and guard the prisoners, repel attacks, prevent escapes and forcible jail deliveries, feed the prisoners, and minister to those that are sick and might need constant attention. Richart v. Bd. of County Comm'rs, 95 Colo. 153, 33 P.2d 971 (1934).

Therefore it is customary and proper for the jailer to live in the jail, and this custom is recognized by Colorado statutes. Richart v. Bd. of County Comm'rs, 95 Colo. 153, 33 P.2d 971 (1934).

However, there is no statute specifically requiring the jailer to live in the jail; but the instant section recognizes the existence and propriety of the custom. Richart v. Bd. of County Comm'rs, 95 Colo. 153, 33 P.2d 971 (1934).

This section does not authorize living quarters in the jail or a housing allowance in lieu thereof, either as partial compensation or salary for a sheriff jailer. Van Cleave v. Bd. of County Comm'rs, 33 Colo. App. 227, 518 P.2d 1371 (1973).

County may provide living quarters under certain circumstances. County is not prohibited from providing living quarters to a jailer where public purposes can be achieved thereby. Van Cleave v. Bd. of County Comm'rs, 33 Colo. App. 227, 518 P.2d 1371 (1973).

Elimination of housing allowance was constitutional. Because housing allowance paid to sheriff jailer was unauthorized and illegal, its elimination did not violate constitutional prohibitions against salary or compensation reduction during the term of office of a public official. But the decision holding such payments illegal and unauthorized would not be applied retroactively, and, therefore, a county could not recover for sums already paid to sheriff for such allowance. Van Cleave v. Bd. of County Comm'rs, 33 Colo. App. 227, 518 P.2d 1371 (1973).

The sheriff may perform the duties of keeper personally or by deputy. But there is no law which entitles him to special or extra compensation for such services. Bd. of County Comm'rs v. Bransom, 4 Colo. App. 274, 35 P. 750 (1894).

Keeping jail in good order and repair is county expense. The expense of keeping the jail in good order and repair, and of lighting and warming the part where the prisoners are confined, must be paid by the county; but the liability of the county is on account of expense, and not of service. Bd. of County Comm'rs v. Bransom, 4 Colo. App. 274, 35 P. 750 (1894).

For action for damages for death of person confined in jail, see People ex rel. Coover v. Guthner, 105 Colo. 37, 94 P.2d 699 (1939).

Applied in Tihonovich v. Williams, 196 Colo. 144, 582 P.2d 1051 (1978).