County Jail Law Project

Disclaimer

All information is provided by paralegal students. All information is purely information and is not meant to be taken as advice. All information is typically specific to California law, but may occasionally be more general or federal law. We are not affiliated with any of the third-party links and provide these only to further your potential research.

The Community Legal Information Clinic (CLIC) is an undergraduate law clinic comprised of only paralegal students and only provides legal information. We are not attorneys and cannot provide you with legal advice, nor legal representation.

Frequently Asked Questions

1. What is CJLP?
   The County Jail Law Project (CJLP) operates under the Community Legal Information Clinic (CLIC) in assisting incarcerated individuals housed in the Butte County Jail (BCJ) with obtaining legal information and conducting legal research. Some students in CJLP also run the Law Library within BCJ.
   
   Incarcerated individuals in BCJ can request legal information by submitting a “Butte County Jail Law Library Inmate Request” form; they can also write directly to CJLP at the CLIC offices. CJLP provides legal information including, but not limited to, general pre-trial procedures, California Penal Codes, other State and Federal statutes, case activities, and regulations governing jail conditions. CJLP assists between 200-500 individuals each month with their legal research requests.
   
   
2. How do I find out if my loved one is in custody at the Butte County Jail?
   If you visit the Butte County Jail information site, you can find the most current phone number to call the facility and find out if your loved one is incarcerated in BCJ. You will need their full name and date of birth.
   
   Additionally, you can see if your loved one is in custody through VINELink, which requires only their first and last name. Butte County also reports public booking logs every week.
   
   
3. My loved one was recently brought to Butte County Jail. How do I find out what they are entitled to in jail?
   Making sure your loved one is receiving adequate treatment as an incarcerated individual is extremely important. The policies and procedures of BCJ are provided in the Butte County Jail Information Handbook.  The handbook includes details on daily life, grievance procedures, medical and library services, emergency procedures, and other resources.
   
   Additionally, Title 15 provides regulations for conditions and policies written by the State of California that must be followed by any county jail within the state.
   
   
4. What is the process for accessing the Law Library and receiving legal information for incarcerated individuals at the Butte County Jail?
   Individuals incarcerated at BCJ have the right to access a law library and conduct legal research pursuant to 15 CCR § 3122. Incarcerated individuals can fill out and submit a “Butte County Jail Law Library Inmate Request” form with the details of their request. Individuals have the option to check a box on the form indicating that they request time in the Law Library, or simply indicate that they wish to receive the legal information they requested without visiting the Law Library. Upon receipt of requests for time in the Law Library, CLIC students who are Legal Research Assistants (LRAs) who staff the Law Library at BCJ add their name to a list indicating the date the individual submitted their request. LRAs staff the BCJ Law Library on a daily basis and assist incarcerated individuals face-to-face in the order in which they submitted their requests; individuals’ legal information requests are typically fulfilled between 24-72 hours following the submission of their request form.
   
   Individuals who submit a “Butte County Jail Law Library Inmate Request” form but do not check the box indicating that they request time in the Law Library will still receive any legal information they requested; their requests are fulfilled by a CJLP student intern from the CLIC office on the Chico State campus in the form of a letter including the information the individual requested, the information itself, and citations for all information included.
   
   Incarcerated individuals who are pro per/pro se (representing themselves in court) have the ability to set a weekly schedule for visits to the Law Library, as they are entitled to a designated period of time each week to conduct legal research and work on their case(s).
   
   All legal information, whether completed in the BCJ Law Library or at the CLIC office, is delivered to incarcerated individuals in a sealed envelope marked as ‘confidential’ once the request is fulfilled. Incarcerated individuals are permitted to submit as many “Butte County Jail Law Library Inmate Request” forms as they wish. However, CJLP does not fulfill any requests that do not pertain to legal information. Any individuals who request non-legal information will receive a letter notifying them that CLIC is unable to fulfill their request.
   
   
5. How do I view my loved one’s charges, or find out when their next court appearance will take place? 
   You can view an incarcerated individual's case activity through the Butte County Superior Court website. All you need is their first and last name to access their case status and find out when their next hearing is scheduled.
   
   Upon entering the website, click the “Case Search” button, then select the “Smart Search” button. You will be able to enter your loved one’s name in [Last Name, First Name] format, (e.g. Smith, John) and view a record of their cases within Butte County.
   
   
6. How can I send letters to my loved one in the Butte County Jail?
   To write to someone who is incarcerated in BCJ, address the envelope as follows:
   
   (Individual’s Full Name)
   7 Gillick Way
   Oroville, CA 95965
   
   If you choose to send mail to someone incarcerated in BCJ, please make note of BCJ’s rules for incoming mail. 
   
   
7. How can I visit a loved one who is in jail?
   Information for incarcerated individuals regarding in-person visiting days and hours is posted in each housing unit within BCJ. Visiting times are also listed on the Butte County Jail website, as well as in the jail’s automated telephone service, which can be reached at (530) 538-7471.
   
   Incarcerated individuals may have two 45-minute visiting periods each week; one on Saturday, and another on Sunday. To visit someone who is incarcerated at BCJ, you must fill out an Inmate Visitor Form and present a valid form of identification. Any visitors must be 18 years of age or older; if they are under 18, they must be accompanied by a parent or legal guardian. You can register at the West Facility Visiting Center or the jail’s Main Lobby (depending upon the individual’s housing location) approximately 30 minutes before visiting times begin.
   
   
8. My loved one was just arrested. How do I pick up their property?
   Incoming incarcerated individuals have their property temporarily taken from them, which can be picked up after they are released from custody. They will receive a receipt for their property when admitted to BCJ. If they do not pick up this property within 120 days of being released, the property will be disposed of.
   
   If an incarcerated individual would like someone else to pick up their property while they are still incarcerated, they can sign a Property Release Form allowing a designated person to pick up their property for them. That person must show valid identification in order to pick up the property. Money can only be released within the first 15 days of the individual’s confinement.
   
   
9. My loved one is incarcerated. How can I manage their finances, social security benefits, health care, and other transactions on their behalf?
   If your loved one wants to turn over power for you to act on their behalf, they can sign a Power of Attorney (POA) Form. By signing a POA form, they are granting authority to you to make decisions for them. POA forms are available to those incarcerated in BCJ by requesting their desired forms from the BCJ Law Library. The forms must be notarized; a Notary Public service is available to incarcerated individuals in BCJ upon request.
   
   There are various types of POA forms based on the circumstances of the situation. You can find more information on the different types of Power of Attorney from the Sacramento County Public Law Library.
   
   
10. What medical services do incarcerated individuals receive while in jail?
    A private medical company specializing in health care within correctional facilities provides medical care under contract and on-site. They provide emergency care treatment, ongoing chronic care treatment, medical counseling, treatment by a specialist when ordered, and hospitalization when necessary. A nurse and a Classification Deputy will ask them questions about their health upon an individual’s booking into BCJ; however, the individual should request to see the nurse (by submitting a “Sick Slip”) if there is more information about their health that they think is important for the facility to know. There is a $3.00 charge for each visit that will be taken out of their trust account.
    
    More information on incarcerated individual trust accounts can be found on page 8 of the Jail Information Handbook. 
    
    If the incarcerated individual is taking prescriptions, they should bring to the attention of the medical staff that they were taking prescription medications before they arrived at BCJ. Their need for prescription medications will be promptly evaluated by the BCJ medical staff, and they will receive the medication that is deemed medically appropriate for them. The BCJ medical staff can also discuss these matters with the incarcerated individual’s own doctor upon request.
    
    
11. What is commissary, and how can I set up an account with money for an incarcerated individual?
    Commissary is the system through which incarcerated individuals can purchase stationery, toiletries, snack foods, and other items using money that is in their trust account. Any money taken from the incarcerated individual when they were first booked will be put into their trust account. You can also add to their trust account via the Internet, telephone, or the kiosk located in the Main Lobby of BCJ. Checks or money orders cannot be sent via mail or given at the Jail Lobby window.
    More information on incarcerated individual trust accounts can be found on page 8 of the Jail Information Handbook, and more information regarding depositing money into trust accounts can be found on the Butte County Jail website. 
    
    
12. My loved one is incarcerated and needs an ID. Are they able to get an ID card while they are incarcerated?
    
    Unfortunately, Identification Card services are not available to those incarcerated in local detention facilities in California. The CAL-ID Program, which allows eligible incarcerated individuals to apply for and receive identification cards, only applies to those incarcerated in California State Penitentiaries, meaning that those incarcerated at BCJ are ineligible for this program unless they are transferred to a State facility and meet the eligibility requirements outlined in California Penal Code § 3007.05.
    
    
13. My loved one is incarcerated and receives (or needs to receive) Supplemental Security Income (SSI). Are they eligible for benefits while they are incarcerated?
    If an individual is incarcerated for 1 month or longer, the Social Security Administration does not allow them to receive social security benefits, including SSI, during the period in which they are incarcerated. Benefits are suspended if the individual is incarcerated for less than 1 year, and terminated completely if they are incarcerated for 1 year or longer.
    
    Individuals are not automatically entitled to benefits upon their release from custody, even if they were previously receiving benefits. However, the Social Security Administration provides information for Social Security benefits following an individual's release from custody.
    
    
14. My loved one is about to be released from custody. What resources are available to help them?
    There are various resources available providing assistance and guidance for reentry into the community following incarceration. Here are a few especially helpful resources:
    
    Roadmap to Reentry (Root & Rebound): A comprehensive guide to legal information and resources spanning a range of common issues and processes faced by those recently released from custody.
    
    Support Search (Findhelp): A search tool for finding support and resources for food, medical care, financial assistance, and other free & reduced-cost help resources.
    
    Sample Resume (Prison Fellowship): A guide for formatting a resume

Helpful to Know: Legal Terminology, Processes, and Procedures

Criminal Procedure in California

There are many steps in the process of charging and convicting someone of a crime. While some cases vary in process based on individual context and circumstance, there is a general process for criminal proceedings in California:

Investigation: Unless law enforcement witnesses an individual committing a crime, an investigation is required to determine probable cause (sufficient legal grounds) for an individual’s arrest.

Arrest: Once probable cause is established, an individual is apprehended, taken into custody by law enforcement, and brought to a local detention facility such as a county jail.

Charges: Once an individual is arrested, a prosecutor may file charges. If charges are not filed, the individual is released from custody. If charges are filed, the individual will either be held in custody or, depending on the circumstances of the case, be eligible for release on bail (a promise made by the defendant, backed by a sum of money or property, to appear in court in exchange for not being held in custody until they are required to appear in court). Depending on the jurisdiction and circumstances surrounding the case, bail may be determined in a separate bail hearing or as part of the arraignment.

Arraignment: The defendant appears in court for their initial hearing in which the court will inform them of their rights (including their right to be represented by an attorney, which the defendant can either hire or, if they cannot afford one, have the court appoint a public defender for them) and the charges being filed against them. The defendant is also given the opportunity to plead to their charges (“guilty”, “not guilty”, or “no contest” [a.k.a. nolo contendere, which is not considered an actual admission of guilt, but rather a claim that the defendant is not contesting against the charges]). If the defendant pleads “guilty” or “no contest”, they will then be sentenced by the court. If the defendant pleads “not guilty”, the case will then be prepared to be taken to trial.

Pretrial Proceedings: The defendant will work with their attorney to build their case in preparation for their trial. During this time, the defense and the prosecution exchange the evidence they have gathered against one another in a process known as a discovery, and the evidence is examined to determine its relevance to the case and admissibility in court. Each party also has the opportunity to file motions (requests for various legal actions within the court) to address any issues or concerns that may arise during the case. It is often the case that the events that occur during pretrial proceedings (for example, the defense determines that the evidence gathered by the prosecution against the defendant is not admissible under the law) result in the resolution of the case without it being brought to trial.

Trial: During a criminal trial, the defense and the prosecution each have a chance to present their arguments, including evidence and witness testimony, to a jury. Defendants can also waive (refrain from) a trial by jury and instead have the decision rendered by a judge. In order to be found guilty by a jury or judge, the prosecution must prove the defendant’s guilt beyond a reasonable doubt. If the defendant is found not guilty, they are subsequently released from custody. If the defendant is found guilty, the defendant must then be sentenced.

Sentencing: If the defendant is found guilty, they will be sentenced by a judge pursuant to the law and nature of their offense(s); the sentence for criminal offenses typically involves serving time in prison or a county jail. During sentencing, the judge considers any existing aggravating and mitigating circumstances (factors of a case that may increase or decrease the severity of a sentence).

Appeals: If the defendant is found guilty of an offense, they may have grounds to appeal their case depending on the circumstances of the conviction. During an appeal, an appellate court will review the case along with your grounds for appeal to determine whether or not to override the original verdict; the appellate court may also send the case back to be re-opened and re-tried.

Common Writs and Motions in Criminal Cases

Writ of Habeas Corpus: A Writ of Habeas Corpus (meaning “that you have the body” in Latin) is used in the federal court system to determine if a state’s detention of a prisoner is fair.

Under Title 4 of the California Rules of Court (Rule 4.551), a habeas petition is similar; however, it is used to question a civil action against a state agent who is keeping a defendant in custody. Other areas in which a habeas petition can be used are in questioning extradition processes (when one jurisdiction hands over someone accused or convicted of a crime to the jurisdiction in which the crime was committed), the amount set for bail payments, and the general jurisdiction of the court.

Motion for Continuance: A Motion for Continuance (also known as a 1050 Motion, under California Penal Code § 1050) is a request in which a party seeks to postpone a hearing, typically to have more time to prepare their case. In order for a party to be granted a continuance of the date set for trial, the party seeking the continuance must file a noticed motion or an ex parte application following Title 3 of the California Rules of Court. This motion must be filed as soon as it is apparent to the party that the continuance will be necessary for them.  As stated in the California Rules of Court, Rule 3.1332, a Motion for Continuance will only be granted if it shows good cause under the following:

1. The unavailability of an essential lay or expert witness because of death, illness, or other excusable circumstances;
2. The unavailability of a party because of death, illness, or other excusable circumstances;
3. The unavailability of trial counsel because of death, illness, or other excusable circumstances;
4. The substitution of trial counsel, but only where there is an affirmative showing that the substitution is required in the interests of justice;
5. The addition of a new party if:
   1. The new party has not had a reasonable opportunity to conduct discovery and prepare for trial; or
   2. The other parties have not had a reasonable opportunity to conduct discovery and prepare for trial in regard to the new party's involvement in the case;
6. A party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts; or
7. A significant, unanticipated change in the status of the case as a result of which the case is not ready for trial.

For more information, please see Cal R. Ct. 3.1332. Motion or application for continuance of trial.

Motion to Dismiss:  A Motion to Dismiss (also known as a 995 Motion) is used in the trial courts to ask the judge to dismiss one or more counts due to the judge improperly letting your case move forward during your preliminary hearing under Cal. Penal Code § 995. The 995 Motion should be filed following the District Attorney's submission of a criminal complaint.  Therefore, a 995 Motion can be considered a way to appeal the judge’s decisions during the preliminary hearing. 995 Motions can be used in cases involving felonies and misdemeanors; however, if you are only charged with a misdemeanor(s), you will not have a preliminary hearing and therefore cannot file a 995 Motion. The purpose of this motion is to dismiss groundless or unsupported charges in situations where you were illegally committed for trial and/or you were committed for trial without probable cause. 

Motion to Compel Discovery: A Motion to Compel Discovery is used to ensure that all evidence in a case has been brought forward pursuant to Cal. Penal Code § 1054. The purpose of this motion is to ensure that the prosecution has provided all specific evidence and information that involves the accused.  Before one can file this motion, they first must make an informal request for the information they are seeking.  If this request is ignored, the defense can then file the Motion to Compel Discovery, which outlines the specific items of evidence or information requested.  Any information needed that is not known by the prosecution must be obtained through a subpoena such as business or medical records. 

Faretta Motion: A Faretta Motion is used in criminal proceedings to request permission from the judge to allow the defendant to represent themselves, which is commonly referred to as going “Pro Per” or “Pro Se.”  The Term “Faretta Motion” originates from the Supreme Court case of Faretta v. California, 442 U.S. 809 (1975) where it was decided that a criminal defendant has the right to represent themselves and waive their right to counsel. During a Faretta hearing, the judge will decide whether you are mentally competent to waive your right to counsel and whether you are knowingly, intelligently, and voluntarily taking this action, and are aware of the general dangers of self-representation.  If the Faretta Motion is granted, your right to counsel will be waived and you will be cleared to represent yourself in your criminal proceeding; however, if your motion is denied, you must hire an attorney or have the court appoint one for you. 

Marsden Motion: A Marsden Motion is used in criminal proceedings to allow a defendant to discharge the court-appointed attorney or public defender. This motion originates from the California court case of People v. Marsden, 2 Cal.3d 118 (1970). The reasons to fire a court-appointed attorney are because of inadequate assistance of counsel, legal malpractice, or a conflict between the attorney and defendant.  If the judge grants the defendant’s Marsden Motion, the court-appointed attorney will be removed from the case and if the judge denies the motion, the public defender will remain on the case as the defendant’s lawyer.  A Marsden Motion is the only way a defendant can fire their court-appointed lawyer. 

Romero Motion: A Romero Motion is used to remove prior strike convictions, which is useful for criminal defendants facing lengthy prison sentences under California’s “Three Strikes” Law. If you are facing a felony charge that qualifies as a strike after previously having 2 strikes, you will then be sentenced to a mandatory “25 to life” sentence for the third strike. However, a Romero Motion may assist you in having one of your previous charges dropped, which can reduce your sentence significantly. The California Supreme Court case People v. Romero, 13 Cal. 4th 504 (1996) found that a trial court has the ability to dismiss a strike if it is found that it would serve the best interest of justice. When the court looks at a case to decide if it is worthy of a Romero Motion, it will look at several factors:

• The nature of the current offense
• Previous convictions that considered a “strike”
• The defendant’s overall criminal history, character, and life circumstances
• Whether a lengthy prison sentence is necessary for the defendant

People v. Williams, 17 Cal. 4th 148 (1998) added further clarification to the power that the judge has to grant a Romero Motion:

• The judge must believe that implementing the “Three Strikes” rule would be considered a form of cruel and unusual punishment and is not intended to pursue justice
• If granting the motion poses an unreasonable risk to public safety
• The motion cannot be granted for the convenience of the court or case congestion
• The motion being granted must not be an abuse of judicial discretion, and there must be a valid or reasonable legal reason behind the decision

Pitchess Motion: A Pitchess Motion is a procedure first established within Pitchess v. Superior Court, 11 Cal.3d 531 (1974) in which the defense requests access to a law enforcement officer’s disciplinary records, including complaints against, and prior uses of excessive force by, the officer. Under the Cal. Evidence Code §§ 1043-1047, accessing this information through the use of a Pitchess Motion can assist the defense in reviewing an officer’s credibility in cases involving unlawful arrests or other instances of law enforcement misconduct. As of 2018, the passage of California Senate Bill No. 1421 (The Right to Know Act) implemented changes in statutes governing the public’s access to certain law enforcement personnel records, rendering a Pitchess Motion unnecessary in certain circumstances.

Brady Motion: A Brady Motion, established by Brady v. Maryland, 373 U.S. 83 (1963), is a motion made by the defense to compel the prosecution to disclose any evidence that could work in favor of the defense, such as information or material that could exonerate (demonstrate the innocence of) the defendant. During typical pretrial proceedings, the prosecution voluntarily discloses favorable evidence (including tangible evidence and statements by witnesses) to the defense in what is known as a Brady disclosure; however, if the defense believes the prosecution to be withholding evidence that would favor the defense, a Brady Motion is filed in order to ensure that the defendant’s right to due process under state or federal law is not violated.

Murgia Motion: Established by the decision in Murgia v. Municipal Court, 15 Cal.3d 286 (1975), a Murgia Motion is a request to dismiss a case due to discriminatory or arbitrary prosecution of a defendant. In other words, the defense requests dismissal due to the defendant being arrested and charged in a manner that violates their right to equal protection under state or federal law.

Motion for Change of Venue: As outlined in Title 4, Chapter 2 of the California Rules of Court, Rules 4.150 - 4.155, as well as Cal. Penal Code § 1033, a Motion for Change of Venue is a request to move a trial to a different county within the state due to circumstantial factors that foster a likelihood of a fair or impartial trial for the defendant, such as pretrial publicity or bias.

Penal Codes

California Penal Codes are the laws governing crimes and punishments in California. Most offenses for which individuals are incarcerated are outlined in the California Penal Codes; however, some offenses involving narcotics (such as possession of a controlled substance) are outlined in the California Health & Safety Code.

Recidivism

Recidivism refers to the tendency and likelihood of an individual previously convicted of a crime to commit another offense (re-offend). Success rates for various behavioral health and social programs, both inside and outside of correctional facilities, can be evaluated through the examination of rates of recidivism, which indicate whether or not the programs have helped individuals avoid criminal behavior often caused or catalyzed by poverty, addiction, homelessness, trauma, or medical conditions such as physical disabilities and mental illnesses.

Case Display

A case display is a digital record of an individual’s case activity within Butte County, including a list of all charges, upcoming court dates, the names of the judicial officer and attorneys working on each case, and other information regarding case status. Once an individual’s name is entered into the Butte County Case Search, case status can be found by clicking the small arrow between the “Type” and “Party Name” subheadings on the case display and selecting the “Status” checkbox from the dropdown menu.

Active cases are cases that are still ongoing in the court; they have yet to be settled or decided.

Inactive cases are cases not currently being processed by the court; this can occur for a variety of reasons, including but not limited to failure to appear, lack of prosecution, or the absconding of a defendant (attempting to avoid or evade arrest).

Closed cases are cases in which all issues have been resolved or decided and the court proceedings are finished.

Reopened cases are cases in which a judgment or decision has already been rendered, but a party has requested a modification or enforcement of a judgment.

Dismissed cases are cases that the court has terminated without any consequences or liability on behalf of the defendant.

Sober Living Environments (SLEs)

Lack of access to consistently drug- and alcohol-free environments can pose a serious roadblock for those attempting to stay away from substance abuse. Sober Living Environments (SLEs) look to assist individuals who are trying to refrain from alcoholism or drug abuse. SLEs promote the creation of new social support systems through group therapy and peer support while living in a healthy environment, which can in turn positively affect recidivism rates by mitigating the effects of addiction on criminal behavior.

For more general information on the benefits of SLEs, you can visit the National Library of Medicine.

Fee Waivers

Individuals are often required to pay a variety of fees that go along with filing papers in court; however, if individuals are unable to afford these fees, Fee Waivers (in California, forms FW-001, FW-002, & FW-003) are an option to avoid paying filing fees. Fee Waivers can also exempt individuals from paying for certified copies, Sheriff’s Service of Process fees, or other costs related to court processes or documents.

You may Qualify for a Fee waiver if you receive public benefits such as unemployment, Medi-Cal, Food Stamps (CalFresh), WIC (the Women, Infants & Children program), Cal-Works, General Assistance, SSI, SSP Tribal TANF, IHHS, or CAPI.  You can also qualify if your gross monthly income is less than the amounts listed in section 5b of form FW-001.  Lastly, you may qualify if you can’t meet your household’s basic needs and pay the filing Fee. 

More step-by-step information is provided by the California Court's official website on how to fill out and file these Fee Waivers. 

Cal Bar Lawyer Referral Service

This California Attorney Referral Directory is organized by region and county so you can find the Certified Lawyer Referral Services nearest to you; some services are available regionally or statewide. An alphabetical listing of all lawyer referral services certified by the State Bar of California is available.

All of the services included in this directory are certified by the State Bar of California. Please note that the State Bar of California itself is not a lawyer referral service and cannot direct you to a lawyer or give legal advice.