BILL NUMBER: SB 833	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 8, 2014
	AMENDED IN SENATE  MARCH 18, 2014

INTRODUCED BY   Senator Liu
    (   Coauthor:   Senator   Anderson
  ) 
    (   Coauthor:   Assembly Member  
Lowenthal   ) 

                        JANUARY 6, 2014

   An act to 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 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. 
 hours, as specified. The prisoner would be allowed to revoke his
or her consent and be discharged as soon as possible and
practicable.  The bill would  also  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'
  prisoner's  express written consent.  The
bill would specify that offering this voluntary program is an act of
discretion under a specified provision of law that provides immunity
from civil liability to a public employee for injuries resulting
  from the employee's exercise of discretion. 
   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   Oftentimes persons 
released during late night hours are unable to access basic reentry
 services, are susceptible to victimization, and may
jeopardize public safety.   services.  
   (c) Persons released who are homeless are left to the streets
until morning, as most shelters close intake in the early evening
hours.  
   (d) 
    (c)  Persons who suffer from mental illness or substance
addiction are  sometimes  unable to access immediate
treatment services following a late night release from jail. 

   (e) 
    (d)  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) 
    (e)  While some jurisdictions have attempted to address
this issue, there is no standardized policy in place to govern
release times. 
   (g) 
    (f)  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) 
    (g)  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 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.  The prisoner may revoke his or
her consent and be discharged as soon as possible and practicable.

   (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'   prisoner's  express written
consent. 
   (3) Offering this voluntary program is an act of discretion within
the meaning of Section 820.2 of the Government Code.  
   (4) If a prisoner has posted bail and elects to participate in
this program, he or she shall notify the bail agent as soon as
possible and practicable of his or her decision to participate. 

   (5) A sheriff offering this program shall, whenever possible,
allow the prisoner volunteering to participate in the program to make
a telephone call to either arrange for transportation, or to notify
the bail agent pursuant to paragraph (4), or both.