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 billbegin delete insteadend delete wouldbegin insert additionallyend insert 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:
The Legislature finds and declares all of the
2following:
3(a) City and county jails throughout California regularly release
4jailed persons during nighttime hours.
5(b) Persons released during late night hours are unable to access
6basic reentry services, are susceptible to victimization, and may
7jeopardize public safety.
8(c) Persons released who are homeless are left to the streets
9until morning, as most shelters close intake in the early evening
10hours.
11(d) Persons who suffer from mental illness or substance
12addiction are unable to access immediate treatment services
13following a late night release from jail.
14(e) Many California counties have reentry centers that provide
15a range of services and referrals for persons recently released from
16jail, however, most centers are typically open during business
17hours only, leaving persons released at night without these
18immediate benefits.
19(f) While some jurisdictions have attempted to address this
20issue, there is no standardized policy in place to govern release
21times.
22(g) County detention facilities in Florida, Michigan, Nevada,
23and New Jersey follow local procedures to release individuals
24around 6 a.m. on the
day they are ordered released, with an
25exception made when bail is posted.
26(h) Personal safety is a major concern for prisoners released at
27night, particularly with regard to women released in urban areas.
28Incidents of victimization following late night release are not
29uncommon.
30(i) Las Vegas Metro Detention Center in Nevada releases men
31and women during the day and night, however, women released
32at night are brought to a designated part of the city due to safety
33concerns.
34(j) Advocates and county staff in jurisdictions including the
35Counties of Alameda, Los Angeles, San Francisco, and San Mateo,
36have identified the late night release of prisoners as a serious public
37safety
issue.
Section 4024 of the Penal Code is repealed.
Section 4024 is added to the Penal Code, to read:
(a) Upon completion of a sentence served by a prisoner
3or the release of a prisoner ordered by the court to be effected the
4same day, including prisoners who are released on their own
5recognizance, have their charges dismissed by the court, are
6acquitted by a jury, are cited and released on a misdemeanor
7charge, have posted bail, or have the charges against them dropped
8by the prosecutor, the sheriff may offer a voluntary program to the
9prisoner that would allow that prisoner to stay in the custody
10facility for up to 16 additional hours or until normal business hours,
11whichever is shorter, in order to offer the prisoner the ability to be
12discharged to a treatment center or during daytime hours.
13(b) This section does not prevent the early release
of prisoners
14as otherwise allowed by law or allow jails to retain prisoners any
15longer than otherwise required by law without the prisoners’
16express written consent.
begin insertSection 4024 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
begin insert(a)end insertbegin insert end insert The sheriff may discharge any prisoner from the
19county jail at such time on the last day such prisoner may be
20confined as the sheriff shall consider to be in the best interests of
21the prisoner.
22(b) (1) Upon completion of a sentence served by a prisoner or
23the release of a prisoner ordered by the court to be effected the
24same day, including prisoners who are released on their own
25recognizance, have their
charges dismissed by the court, are
26acquitted by a jury, are cited and released on a misdemeanor
27charge, have posted bail, or have the charges against them dropped
28by the prosecutor, the sheriff may offer a voluntary program to
29the prisoner that would allow that prisoner to stay in the custody
30facility for up to 16 additional hours or until normal business
31hours, whichever is shorter, in order to offer the prisoner the ability
32to be discharged to a treatment center or during daytime hours.
33(2) This subdivision does not prevent the early release of
34prisoners as otherwise allowed by law or allow jails to retain
35prisoners any longer than otherwise required by law without the
36prisoners’ express written consent.
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