BILL NUMBER: SB 833	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 18, 2014

INTRODUCED BY   Senator Liu

                        JANUARY 6, 2014

   An act to  repeal and add   amend 
Section 4024 of the Penal Code, relating to jails.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 833, as amended, Liu. Jails: discharge of prisoners.
   Existing law authorizes the sheriff to discharge a prisoner from
the county jail at a time on the last day a prisoner may be confined
that the sheriff considers to be in the best interests of that
prisoner. Existing law allows for the accelerated release of inmates,
as specified, upon the authorization of the presiding judge of the
superior court.
   This bill  instead  would  additionally 
authorize the sheriff to offer a voluntary program to a prisoner,
upon completion of a sentence served or a release ordered by the
court to be effected the same day, that would allow the prisoner to
stay in the custody facility for up to 16 additional hours or until
normal business hours, whichever is shorter, in order to offer the
prisoner the ability to be discharged to a treatment center or during
daytime hours. The bill would specify that this authorization does
not prevent the early release of prisoners as otherwise allowed by
law or allow jails to retain prisoners any longer than otherwise
required by law without the prisoners' express written consent.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) City and county jails throughout California regularly release
jailed persons during nighttime hours.
   (b) Persons released during late night hours are unable to access
basic reentry services, are susceptible to victimization, and may
jeopardize public safety.
   (c) Persons released who are homeless are left to the streets
until morning, as most shelters close intake in the early evening
hours.
   (d) Persons who suffer from mental illness or substance addiction
are unable to access immediate treatment services following a late
night release from jail.
   (e) Many California counties have reentry centers that provide a
range of services and referrals for persons recently released from
jail, however, most centers are typically open during business hours
only, leaving persons released at night without these immediate
benefits.
   (f) While some jurisdictions have attempted to address this issue,
there is no standardized policy in place to govern release times.
   (g) County detention facilities in Florida, Michigan, Nevada, and
New Jersey follow local procedures to release individuals around 6
a.m. on the day they are ordered released, with an exception made
when bail is posted.
   (h) Personal safety is a major concern for prisoners released at
night, particularly with regard to women released in urban areas.
Incidents of victimization following late night release are not
uncommon.
   (i) Las Vegas Metro Detention Center in Nevada releases men and
women during the day and night, however, women released at night are
brought to a designated part of the city due to safety concerns.
   (j) Advocates and county staff in jurisdictions including the
Counties of Alameda, Los Angeles, San Francisco, and San Mateo, have
identified the late night release of prisoners as a serious public
safety issue. 
  SEC. 2.    Section 4024 of the Penal Code is
repealed.  
  SEC. 3.   Section 4024 is added to the Penal Code,
to read:
   4024.  (a) Upon completion of a sentence served by a prisoner or
the release of a prisoner ordered by the court to be effected the
same day, including prisoners who are released on their own
recognizance, have their charges dismissed by the court, are
acquitted by a jury, are cited and released on a misdemeanor charge,
have posted bail, or have the charges against them dropped by the
prosecutor, the sheriff may offer a voluntary program to the prisoner
that would allow that prisoner to stay in the custody facility for
up to 16 additional hours or until normal business hours, whichever
is shorter, in order to offer the prisoner the ability to be
discharged to a treatment center or during daytime hours.
   (b) This section does not prevent the early release of prisoners
as otherwise allowed by law or allow jails to retain prisoners any
longer than otherwise required by law without the prisoners' express
written consent. 
   SEC. 2.    Section 4024 of the   Penal Code
  is amended to read: 
   4024.   (a)    The sheriff may discharge any
prisoner from the county jail at such time on the last day such
prisoner may be confined as the sheriff shall consider to be in the
best interests of the prisoner. 
   (b) (1) Upon completion of a sentence served by a prisoner or the
release of a prisoner ordered by the court to be effected the same
day, including prisoners who are released on their own recognizance,
have their charges dismissed by the court, are acquitted by a jury,
are cited and released on a misdemeanor charge, have posted bail, or
have the charges against them dropped by the prosecutor, the sheriff
may offer a voluntary program to the prisoner that would allow that
prisoner to stay in the custody facility for up to 16 additional
hours or until normal business hours, whichever is shorter, in order
to offer the prisoner the ability to be discharged to a treatment
center or during daytime hours.  
   (2) This subdivision does not prevent the early release of
prisoners as otherwise allowed by law or allow jails to retain
prisoners any longer than otherwise required by law without the
prisoners' express written consent.