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