BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 833|
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THIRD READING
Bill No: SB 833
Author: Liu (D)
Amended: 3/18/14
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 3/25/14
AYES: Hancock, Anderson, De León, Knight, Liu, Mitchell,
Steinberg
SUBJECT : Jails: discharge of prisoners
SOURCE : Los Angeles County Sheriff's Department
DIGEST : This bill gives sheriffs the option of creating a
program in which those in custody can voluntarily remain in jail
for up to an additional 16 hours after their release date or
until normal business hours, whichever is shorter, so that they
may be discharged to a treatment center or during daytime hours.
ANALYSIS :
Existing law:
1.A sheriff may discharge any inmate at such time, on the last
day of confinement, as the sheriff considers to be in the best
interest of the inmate. (Penal Code Sec. 4024.)
2.A sheriff, with court approval, may accelerate the release of
inmates to relieve overcrowding. (Penal Code Sec. 4024.1.)
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SB 833
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This bill allows a sheriff to develop a voluntary program in
which the inmate being released from jail custody can choose to
stay in the custody facility for up to 16 additional hours or
until normal business hours, whichever is shorter, in order for
the inmate to be discharged to a treatment center or during
daytime hours.
Comments
The author states in part:
This bill will let an inmate in a county jail delay their
release voluntarily to make sure they have safe travel or
transfer arrangements to a substance abuse treatment
center, homeless shelter, reentry housing or other
facilities.
County jails in California regularly release inmates at
night, often because state law requires they be let out
before midnight on the last day of their sentence. Inmates
are also released when a court order requires release, if
charges are dismissed, or in other circumstances.
Many inmates are discharged to reentry centers for
substance abuse treatment, transitional housing or other
services. However, most of these centers do not have
transportation services available at night or cannot admit
clients during nighttime hours. Public transportation can
be limited or nonexistent at night in some areas.
This bill would let a County Sheriff offer a voluntary
program for the inmate to remain in custody for 16 hours or
until normal business hours resume the next day, so the
inmate can be discharged, transported and admitted directly
to a treatment center or other facility.
This voluntary custody will apply only if a County Sheriff
decides to offer the option. The inmate must meet one of
the following requirements:
1. Complete their court-ordered sentence;
2. Be released on their own recognizance;
3. Have charges dismissed by the court;
4. Be acquitted by a jury;
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5. Be cited and released on a misdemeanor charge;
6. Post bail; or
7. Have charges dropped by a prosecutor.
Inmates must also provide expressed written consent that
they are voluntarily remaining in county jail custody
pending transfer or travel arrangements.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 3/26/14)
Los Angeles County Sheriff's Department (source)
California Catholic Conference
California Psychiatric Association
Californians for Safety and Justice
Californians United for a Responsible Budget
Drug Policy Alliance
Humboldt County Board of Supervisors
Los Angeles County Board of Supervisors
National Alliance on Mental Illness California
Taxpayers for Improving Public Safety
ARGUMENTS IN SUPPORT : The County of Los Angeles states:
Existing law authorizes county sheriffs to discharge
inmates from a county jail on the last day of their
sentence during a timeframe that the sheriff deems to be in
the best interest of the inmate. The sheriff, however,
cannot hold an inmate beyond the completion of the sentence
or after a judicial order for release. For inmates who are
discharged to re-entry facilities for substance abuse
treatment or for transitional housing, transportation
services may be restricted or unavailable during evening
hours. As a result, inmates' safety may be jeopardized if
they are unable to navigate to a safe environment.
SB 833 would allow sheriffs to offer a voluntary program
which would allow an inmate to request to remain in a jail
facility for up to 16 additional hours or until normal
business hours resume. The additional time would allow the
inmate to be discharged, transported, and admitted directly
into a treatment center or to other community-based
programs.
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SB 833 will improve the re-entry planning and transition of
individuals from custody to the community in a more safe
and effective manner.
JG:e 3/26/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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