Bill Text: CA SB153 | 2009-2010 | Regular Session | Introduced
Bill Title: Jails: discharge of prisoners.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB153 Detail]
Download: California-2009-SB153-Introduced.html
BILL NUMBER: SB 153 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Liu
FEBRUARY 12, 2009
An act to amend Section 4024 of the Penal Code, relating to jails.
LEGISLATIVE COUNSEL'S DIGEST
SB 153, as introduced, Liu. Jails: discharge of prisoners.
Existing law establishes that the sheriff may discharge any
prisoner from the county jail at such time on the last day a prisoner
may be confined as the sheriff considers to be in the best interests
of the prisoner. Existing law allows for the accelerated release of
inmates, as specified, upon the authorization of the superior court.
This bill would provide that the sheriff shall discharge a
prisoner upon the completion of his or her sentence between the hours
of 6 a.m. and 6 p.m., with certain exceptions. The bill would
specify that it shall not be construed to allow jails to retain a
prisoner any longer than otherwise required or to prevent the early
release of prisoners, as specified. Because this bill would require
that prisoners be released from jail during a specific time, it would
create a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares the following:
(a) City and county jails throughout California regularly release
jailed persons during nighttime hours.
(b) Persons released during late night hours are unable to access
basic reentry services, are susceptible to victimization, and may
jeopardize public safety.
(c) Persons released who are homeless are left to the streets
until morning, as most shelters close intake in the early evening
hours.
(d) Persons who suffer from mental illness or substance addiction
are unable to access immediate treatment services following a late
night release from jail.
(e) 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 who are released at night without these
immediate benefits.
(f) While some jurisdictions have attempted to address this issue,
there is no standardized policy in place to govern release times.
(g) County detention facilities in New Jersey, Florida, Michigan,
and Nevada follow local procedures to release individuals around 6
a.m. on the day ordered released, with an exception made when bail is
posted.
(h) Personal safety is a major concern for prisoners who are
released at night, particularly with regard to women released in
urban areas. Incidents of victimization following late night release
are not uncommon.
(i) 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.
(j) Advocates and county staff in jurisdictions including Los
Angeles, San Mateo, San Francisco, and Alameda Counties have
identified the late night release of prisoners as a serious public
safety issue.
SEC. 2. Section 4024 of the Penal Code is amended to read:
4024. The (a) Upon
completion of a sentence served, the sheriff may discharge
any a prisoner from the county jail
at such time between the hours of 6 a.m. and
6 p.m. on the last day such the
prisoner may be confined as the sheriff shall consider to be in the
best interests of the prisoner.
(b) Any release ordered by the court to be effected on the same
day must be completed by 8 p.m. of that day, including releases of
prisoners who are released on their own recognizance, who have their
charges dismissed by the court, or who are acquitted by a jury.
(c) Subdivision (a) shall not apply to prisoners who are released
for reasons other than the completion of a prison sentence, including
prisoners released after being cited for misdemeanors, posting bail,
or after the dropping of charges by the prosecutor.
(d) Nothing in this section shall be construed to prevent the
early release of prisoners as otherwise allowed by law or to allow
jails to retain prisoners any longer than otherwise required by law.
SEC. 3. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
