Posted by Dave_CA on 2/20/08 6:13pm
Msg #236299

Notarizing at county jail

I just returned from the Theo Lacy jail where I was to notarize the signature of an inmate on a permission for a minor to travel internationally. I was unable to complete this as the inmate's only ID was the wrist band all inmates are issued.
The Deputy was very polite but unable to access his DL so I could not notarize.
When I explained the CA ID requirements he was quite surprised as he said they have Notaries in all the time, in fact one just an hour before me, and none of them had a problem...

I knew this might happen and so had called the SOS to see if they would provide me something in writing to confirm what I was saying. They confirmed that I was correct but could/would not give me any written clarification and just suggested I copy the appropriate section from my Notary manual. I did take it with me with the section highlighted but this did not help.
Again very polite but nothing the Deputies could do.
I got the phone # for the main Sheriff's office and spoke with a supervisor there who referred me to the Watch Commander.
He was also very polite and understood the problem and promised to look into what might be done and get back to me.

I'll post again when i hear more. Meanwhile there seem to be a lot of CA notaries breaking the law regarding acceptable ID and doing so at a jail. Go figure.

Reply by Calnotary on 2/20/08 6:45pm
Msg #236304

I have never done one in a jail. But I red some body has notarized docs for inmates using CA depts of corrections ID. I dont remember what the CA notary book says about it.

Reply by Margaret_FL on 2/20/08 7:16pm
Msg #236305

In CA you can accept a inmate ID card and in Florida you can also get a sworn statement from a law enforement officer that the inmates ID has been confiscated.

An inmate identification card issued on or after 1/1/91 by Florida Department of Corrections
for an inmate who is currently in custody of the Department.

A sworn, written statement from a sworn law enforcement officer that the forms of
identification for an inmate in an institution of confinement were confiscated upon confinement,
and that the person named in the document is the person whose signature is to notarized.

Reply by BBuchler/CA on 2/20/08 7:36pm
Msg #236310

DOC ID

In inmate identification card issued by the Dept of Corrections rather than a DL could have been used.

Reply by Martha Gall on 2/20/08 7:52pm
Msg #236313

The id must be issued by the state. The wrist band at county facilities such as Theo Lacy is not valid. sometimes a relative can arrange to get (from the inmates property) or bring appropriate id and meet you at the jail

Reply by Dave_CA on 2/20/08 8:25pm
Msg #236320

Martha is correct. Dept. of Corrections ID is acceptable but is only issued at state prisons, not county jails.
In this situation the woman is in Oakland and the jail in Orange so she is a little over 400 miles away. She may come down anyway and could get his personal effects which should include a DL but I don't know yet.
I did get a follow up call from a Sargent who the Watch Commander had assigned to see what could be done. Unfortunately he thinks he knows the law better than I do and really would not get past " well if the statement of a sworn law enforcement officer is not good enough for ID then I guess you won't be notarizing anything at the jail. I think you are creating problems where there aren't any."
I called back to speak with the Watch Commander but he won't be back until Sunday and I haven't decided if I want to call another W.C. tomorrow or wait to speak with the 1st one next week.
The other option is to use 2 credible witnesses but I don't know if the Deputies will want to be bothered and have to sign my journal...

We shall see.

Reply by Tonya Washington on 2/21/08 3:25pm
Msg #236421

I am a Notary in Louisiana. And I want to commend you for trying to do the right thing and follow the law. I face that problem everyday and the first thing that people say is "Well so and so does it all the time.......I don't see why you have a problem with it." My response to them is this..."Just because that person does it does not mean that it is the correct way of doing things." Then I politely leave without saying another word. They will realize that it's wrong when they are on the otherside of the bars. I stay true to the laws of my state and I will always tell anyone that I will not go to jail or loose my commission because "everyone else does it." I believe that your state needs to crack down on those notaries that to not follow the rules to the letter. But then again there are always people that believe that rules are made to be broken.................

Reply by Dave_CA on 2/21/08 8:30pm
Msg #236488

follow up

I did speak with another deputy on the phone today and he said that they will take an inmate's ID from property. This is with the persons permission of course and they will not return it so there needs to be a friend or family member to get it to.
This is significantly different than yesterday when they insisted that they could only remove all property.
The only reason I've pursued this is that the mother is in Oakland and it would be very expensive for her to come to the jail with another credible witness.

Tonya, your absolutely right and I don't understand it either. Here it is now potentially a $10,000. fine and charges of perjury which should cost anyone their commission.
I also don't understand why the Sheriffs dept. is encouraging this violation of the CA civil code.