BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 833| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 833 Author: Liu (D), et al. Amended: 5/8/14 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 7-0, 3/25/14 AYES: Hancock, Anderson, De León, Knight, Liu, Mitchell, Steinberg SENATE FLOOR : 35-0, 4/3/14 AYES: Anderson, Beall, Berryhill, Cannella, Corbett, Correa, De León, DeSaulnier, Evans, Gaines, Galgiani, Hancock, Hernandez, Hill, Hueso, Huff, Jackson, Knight, Lara, Leno, Lieu, Liu, Mitchell, Monning, Morrell, Nielsen, Padilla, Pavley, Roth, Steinberg, Torres, Vidak, Walters, Wolk, Wyland NO VOTE RECORDED: Block, Calderon, Fuller, Wright, Yee ASSEMBLY FLOOR : 77-0, 6/16/14 (Consent) - See last page for vote 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. CONTINUED SB 833 Page 2 Assembly Amendments add that a prisoner may revoke his/her consent and be discharged as soon as possible and practicable; allow a telephone call for those participating in the voluntary program; and add clarifying language. 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. 2.A sheriff, with court approval, may accelerate the release of inmates to relieve overcrowding. This bill: 1.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. 2.States that a prisoner may revoke his/her consent and be discharged as soon as possible and practicable. 3.Allows a prisoner volunteering to participate in the program to make a telephone call to either arrange for transportation, or to notify the bail agent, as specified. Comments The author's office 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 CONTINUED SB 833 Page 3 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; 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 6/18/14) Los Angeles County Sheriff's Department (source) California Catholic Conference California Probation, Parole and Correctional Association California State Sheriffs' Association Californians for Safety and Justice Californians United for a Responsible Budget CONTINUED SB 833 Page 4 Chief Probation Officers of California Golden State Bail Agents Association Humboldt County Board of Supervisors Legal Services for Prisoners with Children Los Angeles County Board of Supervisors Mental Health America National Alliance on Mental Illness California National Association of Social Workers Urban Counties Caucus 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. SB 833 will improve the re-entry planning and transition of individuals from custody to the community in a more safe and effective manner. ASSEMBLY FLOOR : 77-0, 6/16/14 AYES: Achadjian, Alejo, Allen, Ammiano, Bloom, Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley, Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray, Hagman, Hall, Harkey, Roger Hernández, Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein, CONTINUED SB 833 Page 5 Mansoor, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson, Perea, John A. Pérez, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins NO VOTE RECORDED: Bigelow, Grove, Vacancy JG:e 6/18/14 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED