§ 12-41-507 — Securing of county jail

(a) Whenever the county sheriff of any county of this state shall be of the opinion that the jail of his or her county is insufficient to secure the prisoners that may be therein committed, it shall be his or her duty to give notice thereof to the county court. (b) If the jail cannot be immediately repaired and made safe and secure, the county court may, by an order to be entered on its minutes, direct the county sheriff to employ guards sufficient for the guarding and safe-keeping of the prisoners. However, the guards shall in no instance exceed three (3) persons. (c) In case the insufficiency in the opinion of the county sheriff shall occur in vacation of the county court, it shall be the duty of the county sheriff to give notice to the county judge of such county and if the jail cannot be immediately repaired and made safe and secure, the county judge may, by an order in writing, direct the county sheriff to employ guards for the purpose, not exceeding the number provided for in subsection (b) of this section, for such length of time as he or she may deem necessary, not exceeding the second day of the actual meeting of the county court at any regular, adjourned, or special term. (d) A guard shall not be allowed a sum to exceed two dollars ($2.00) for each twenty-four (24) hours.

Legislative History

Acts 1877, No. 72, § 1, p. 72; C. & M. Dig., § 6217; Pope's Dig., § 8180; A.S.A. 1947, § 46-412.