AGO 1951-53 No. 37.

• Case Date: May 11, 1951
• Court: Washington

Washington Attorney General Opinions 1951. AGO 1951-53 No. 37. May 11, 1951[Orig. Op. Page 1]PRIVATEJAILS --- WOMEN PRISONERS --- CONFINEMENT IN COUNTY WITH ADEQUATE FACILITIES.Counties without suitable facilities for women prisoners may arrange for their detention in other nearby counties.Honorable John N. LeavittProsecuting Attorney, Okanogan CountyOkanogan, WashingtonCite as: AGO 1951-53 No. 37Dear Sir: You have requested our opinion upon: Whether Okanogan County, lacking proper facilities for women prisoners, may arrange for their detention in a nearby county where such facilities are available. We conclude that this may be done. ANALYSIS Generally, the sheriff has the legal custody and charge of the county jail and of prisoners therein confined. We find no statute which controls the inquiry you outline, and it is thus our opinion that common law would control. Applicable statutes, however, are: Rem. Rev. Stat. § 4034 (P.P.C. § 125-19) which provides: "The county in which the court is held shall furnish * * * a jail or suitable place for confining prisoners, * * *" Rem. Rev. Stat. § 10205 (P.P.C. § 680-35) RCW 36.37.01 [[RCW 36.63.010]]which provides: Rem. Rev. Stat. § 10205 (P.P.C. § 680-35) RCW 36.37.01 which provides: [Orig. Op. Page 2] "Counties shall have authority to acquire, build, operate and maintain jails, workhouses, workshops, stockades, and other places of detention and confinement at any place within the limits of such county as may be designated by the county commissioners thereof." (Emphasis supplied) Rem. Rev. Stat. § 4056 (1947 Supp.) RCW 36.18.12 [[RCW 36.32.120]]which provides: Rem. Rev. Stat. § 4056 (1947 Supp.) RCW 36.18.12 which provides: "The several Boards of County Commissioners are authorized and required: "1. To provide for the erection and repairing of court houses, jails and other necessary public buildings for the use of the county; * * *" The judge or judges of the county superior courts shall prescribe rules and regulations for the conduct of the jail and prisoners therein. RCW 36.37.06 [[RCW 36.63.060]]; Rem. Rev. Stat. § 10191 (P.P.C. § 680-61). The authority of the sheriff is the commitment, 21 R.C.L. 1172; 1927-1928 AGO 276, or the judgment and sentence, see In re Whipple v. Smith, 33 Wn. (2d) 615, 206 P. (2d) 510 (1949). He must receive...