Whenever, by the provisions of this title, an officer is required to keep a person arrested on a warrant of attachment in custody, and to bring him before a court or judge, the inability, from illness or otherwise, of the person to attend, is a sufficient excuse for not bringing him up; and the officer must not confine a person arrested upon the warrant in a prison, or otherwise restrain him of personal liberty, except so far as may be necessary to secure his personal attendance.
§ 1221.Inability From Illness Or Otherwise of Officer to Bring Person Confined Before Court Or Judge
Title 5. Of Contempts · Last amended 1951 · Last verified July 29, 2026
In one sentenceSection 1221 excuses an officer from bringing a person arrested on a contempt warrant before the court when illness or another cause makes the person unable to attend, and bars the officer from confining that person beyond what's necessary to secure their eventual appearance.
Full Text of § 1221
Plain-English Summary
Sections 1214 and 1217 require an officer to keep an arrested person in custody and bring them before the court, but § 1221 recognizes that's not always possible. If illness or some other cause makes the person unable to attend, that inability is a sufficient excuse for not bringing them up on schedule.
The section also limits what the officer can do while waiting. The officer cannot confine the person in a prison or otherwise restrain their personal liberty beyond what's necessary to secure their eventual appearance -- custody under a contempt warrant isn't license for indefinite or harsher confinement than the situation requires.
Frequently Asked Questions
What if the person arrested on a contempt warrant is too sick to appear in court?
Section 1221 excuses the officer from bringing that person up on schedule when illness or another cause makes attendance impossible.
Can the officer hold that person in a full jail while waiting for them to recover?
No. The officer cannot confine the person in a prison or otherwise restrain their liberty beyond what's necessary to secure their eventual personal attendance.
Amendment History
Amended by Stats. 1951, Ch. 1737.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: inability to appear contempt warrant californiaofficer custody limits contempt california