Bill Text: CA SB833 | 2013-2014 | Regular Session | Chaptered
Bill Title: Jails: discharge of prisoners.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2014-07-07 - Chaptered by Secretary of State. Chapter 90, Statutes of 2014. [SB833 Detail]
Download: California-2013-SB833-Chaptered.html
BILL NUMBER: SB 833 CHAPTERED
BILL TEXT
CHAPTER 90
FILED WITH SECRETARY OF STATE JULY 7, 2014
APPROVED BY GOVERNOR JULY 7, 2014
PASSED THE SENATE JUNE 26, 2014
PASSED THE ASSEMBLY JUNE 16, 2014
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, 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, 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
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.
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) Oftentimes persons released during late night hours are unable
to access basic reentry services.
(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.
(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.
(e) While some jurisdictions have attempted to address this issue,
there is no standardized policy in place to govern release times.
(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.
(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.
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
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.
