Existing law authorizes a county sheriff to discharge a person from a county jail at any time on the last day that the person may be confined that the sheriff considers to be in the best interests of that person. Existing law additionally authorizes a sheriff to offer a voluntary program to a person, upon completion of a sentence served or a release ordered by the court to be effected the same day, that would allow the person to stay in jail for up to 16 additional hours or until normal business hours, whichever is shorter, in order to offer the person the ability to be discharged to a treatment center or during daytime hours, as specified. Existing law authorizes the person to revoke consent and be discharged as soon as possible and practicable. Existing law requires a sheriff offering this program to, whenever possible, allow the person to make a telephone call to arrange for transportation or to notify a bail agent, as specified.

This bill would make these provisions inoperative on June 1, 2020, and would repeal it as of January 1, 2021.

The bill, beginning June 1, 2020, would instead require the sheriff to make the release standards, release processes, and release schedules of a county jail available to incarcerated persons, as specified. The bill would also require a person scheduled to be released from jail between the hours of 8 a.m. and 5 p.m. or sundown, whichever is later, to be released during that time. The bill would require the sheriff to offer a person scheduled to be released from jail between the hours of 5 p.m. or sundown, whichever is later, and 8 a.m. the option to voluntarily stay in jail for up to 16 additional hours or until normal business hours, as specified. The bill would require a sheriff to provide a person who declines that option with a safe place to wait to be picked up with adequate and sufficient ability to charge a personal cell phone and access to a free public telephone. The bill would also require the county jail to track the number of people released during those hours and to make that information available, as specified. Because this bill would impose new duties on sheriffs and county jails, it would impose 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 the statutory provisions noted above.

Existing law authorizes a county sheriff to discharge a person from a county jail at any time on the last day that the person may be confined that the sheriff considers to be in the best interests of that person. Existing law additionally authorizes a sheriff to offer a voluntary program to a person, upon completion of a sentence served or a release ordered by the court to be effected the same day, that would allow the person to stay in jail for up to 16 additional hours or until normal business hours, whichever is shorter, in order to offer the person the ability to be discharged to a treatment center or during daytime hours, as specified. Existing law authorizes the person to revoke his or her consent and be discharged as soon as possible and practicable. Existing law requires a sheriff offering this program to, whenever possible, allow the person to make a telephone call to arrange for transportation or to notify his or her bail agent, as specified.

This bill would make these provisions inoperative on June 1, 2020, and would repeal it as of January 1, 2021.

The bill, beginning June 1, 2020, would instead require the sheriff to make the release standards, release processes, and release schedules of a county jail available to the public and to incarcerated persons, as specified. The bill would provide a person with the right to request that, upon his or her release from a county jail, he or she be assisted in entering a drug or alcohol rehabilitation program, and would require the county jail to provide or arrange transportation directly from jail to a rehabilitation program or hospital free of charge immediately upon release from jail. The bill would also require a person scheduled to be released from jail between the hours of 8 a.m. and 5 p.m. or sundown, whichever is later, to be released during that time. The bill would require the sheriff to offer a person scheduled to be released from jail between the hours of 5 p.m. or sundown, whichever is later, and 8 a.m. the option to voluntarily stay in jail for up to 16 additional hours or until normal business hours, as specified. The bill would require the person, if he or she declines this option, to be provided the opportunity to choose from specified alternatives, such as free transportation to a location of the persons choosing within the county or within a 100-mile radius, whichever is further. The bill would also require a person who is released from jail after being incarcerated for more than 30 days to be provided with at least 3 days supply of any necessary medication. Because this bill would impose new duties on sheriffs and county jails, it would impose a state-mandated local program. The bill would authorize a violation of the rights described in these provisions to be submitted to the Board of State and Community Corrections, Ombudsman. The bill would require the board to convene a stakeholder group that includes women and girls who have been incarcerated to aid in developing protocols for receiving and responding to reports of violations of these provisions.

The bill would also require the Board of State and Community Corrections to establish the Late-Night Release Prevention Task Force. The bill would require the task force to be composed of relevant stakeholders, including women and children who have been incarcerated, and would require the task force, among other duties, to submit a report on January 1, 2022, to the relevant policy and budget committees of the Legislature about the progress made by the task force in implementing these provisions and make suggestions for any additional legislation necessary to prevent dangerous late-night releases at county jails throughout California.

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 the statutory provisions noted above.

 VETO  

Bill No: SB 42

Author: Skinner (D), et al.

Amended: 9/3/19

Vote: 27

SENATE PUBLIC SAFETY COMMITTEE: 6-1, 4/9/19

AYES: Skinner, Moorlach, Bradford, Jackson, Mitchell, Wiener

NOES: Morrell

SENATE APPROPRIATIONS COMMITTEE: 4-2, 5/16/19

AYES: Portantino, Bradford, Hill, Wieckowski

NOES: Bates, Jones

SENATE FLOOR: 35-3, 5/23/19

AYES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dodd, Durazo, Galgiani, Glazer, Hertzberg, Hill, Hueso, Hurtado, Jackson, Jones, Leyva, McGuire, Mitchell, Monning, Moorlach, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Umberg, Wieckowski, Wiener, Wilk

NOES: Grove, Morrell, Stone

SENATE FLOOR: 35-4, 9/11/19

AYES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dodd, Durazo, Galgiani, Glazer, Lena Gonzalez, Hertzberg, Hill, Hueso, Hurtado, Jackson, Jones, Leyva, McGuire, Mitchell, Monning, Moorlach, Pan, Portantino, Roth, Rubio, Skinner, Stern, Umberg, Wieckowski, Wiener, Wilk

NOES: Grove, Morrell, Nielsen, Stone

NO VOTE RECORDED: Dahle

ASSEMBLY FLOOR: 65-1, 9/10/19 - See last page for vote

SUBJECT: The Getting Home Safe Act

SOURCE: Young Women’s Freedom Center

DIGEST: This bill requires each county sheriff to develop release standards in accordance with the provisions of this bill which will provide the safe release of a person from custody.

ANALYSIS:

Existing law:

1. Provides that a sheriff my 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. (Penal Code § 4024 (a))
2. Provides that 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, the sheriff may offer a voluntary program to the prisoner to 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. (Penal Code § 4024 (b)(1))
3. Provides that it 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. (Penal Code § 4024 (b)(2))
4. Provides that if a prisoner has spotted 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. (Penal Code § 4024 (b)(4))
5. Provides that 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. (Penal Code § 4024 (b)(5))

This bill:

1. Sunsets Penal Code Section 4024 on June 1, 2020.
2. Provides that a county sheriff shall make release standards, release processes, and release schedules available to people when they are booked into county jail and while they are incarcerated in a county jail.
3. Provides that the release standards shall include the list of rights enumerated in this bill and the timeframe for the expedient release of a person following the determination to release that person by a judge, jury, or appropriate county staff member.
4. Provides that a person incarcerated in or recently released from a county jail shall have access to up to three free telephone calls from a telephone in the county jail to plan for a safe and successful release.
5. Provides that a sheriff shall offer a person scheduled to be released from jail between the hours of 5 p.m. or sundown, whichever is later, and 8 a.m., the option to voluntarily stay in jail for up to 16 additional hours or until normal business hours, whichever is shorter in order to offer the person the ability to be discharged during daylight hours.
6. States that a person shall provide written consent before choosing to stay voluntarily in jail, however that written consent can be revoked at any time and the person shall be discharged as soon as possible and practicable.
7. Provides that if the person is scheduled to be released between the hours of 5 p.m. or sundown whoever is later, and 8 a.m., and the person has declined the voluntary stay option, the person shall be provided the opportunity to have a safe place to wait to be picked up with adequate and sufficient ability to charge a personal cell phone and access to a free public phone.
8. Provides that a person scheduled to be released from county jail between the hours of 8 a.m. and 5 p.m. or sundown, whichever is later, shall be released at that time.
9. Provides that it does not prevent the early release of a person as otherwise allowed by law or allow a county jail to retain a person any longer than otherwise required or allowed by law without the person’s express written consent.
10. Has an operative date of June 1, 2020.
11. Makes a number of uncodified findings and declarations.

Background

This bill requires a county sheriff to make release standards and to make them available to people as they are booked into and while they are in county jail. The release standards shall include the list of rights provided for in this bill and the timeframe of the expedient release of a person following the determination to release that person by a judge, jury or appropriate county staff member.

1. Alcohol and Drug Rehabilitation
   1. This bill provides that a person shall have the right to request that upon his or her release from a county jail, he or she be assisted in entering a drug or alcohol program. The request can be made when the person is booked or any time after that. If a person chooses to enter a drug or alcohol rehabilitation program, the county jail assist, when feasible, in arranging transportation to the program.
2. Phone Calls
   1. This bill provides that a person incarcerated in or recently released from county jail shall have access to up to three telephone calls from a telephone in the county jail to plan for a safe and successful.
3. Release Between 5 p.m. and 8 a.m.
   1. This bill requires a number of options if a person is released between 5 p.m., or sundown whichever is later, and 8 a.m.:
   2. A person can voluntarily stay up to 16 hours. The person must consent and the consent can be withdrawn at any time.
   3. The county jail shall provide a safe place to wait for a person to be picked up and that place shall have a cell phone charger and access to a free phone.
4. Supply of Medication
   1. This bill provides that a person who is released from jail after being incarcerated for more than 30 days shall receive at least three days’ supply of necessary medication.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Assembly Appropriations Committee, costs (Proposition 30/General Fund) of approximately $150,000 annually to counties to provide release procedures, refer and possibly transport newly released inmates to rehabilitation programs upon request, and provide newly released inmates a safe place to wait for transportation if released after sundown.

SUPPORT: (Verified 10/14/19)

Young Women’s Freedom Center (source)

ACLU

Alcohol Justice

Alliance for Girls

Bay Area Community Services

Berkeley City Council

California Attorneys for Criminal Justice

California Catholic Conference

California Public Defenders Association

Center on Juvenile and Criminal Justice

Disability Rights California

Ella Baker Center for Human Rights

Fathers and Families of San Joaquin

Justice Now

Oakland Privacy

Root and Rebound

San Francisco Bay Area Rapid Transit District

San Francisco Sheriff’s Department

San Francisco Taxpayers for Public Safety

Spotlight Girls

The Women’s Building of San Francisco

Time for Change Foundation

W Haywood Burns Institute

Numerous individuals

OPPOSITION: (Verified 10/14/19)

California State Sheriffs’ Association

ARGUMENTS IN SUPPORT: The Center on Juvenile and Criminal Justice, in support of this bill, states:

It is difficult for individuals in jail or those being processed for release to contact a loved one and arrange a ride home. Jails typically do not provide access to a phone or a cell phone charger for those being released, and for those with phone access, family members or friends may be unreachable in the middle of the night. Without the ability to contact loved ones, many of those released in the middle of the night are forced to walk, wait for public transportation to begin service, or accept a ride with a stranger. In July 2018, Jessica St. Louis was released at 1:30 am from Alameda County’s Santa Rita Jail, which is two miles from the nearest BART station and lacks 24-hour access to public transportation. Tragically, Ms. St. Louis died during her journey home.

ARGUMENTS IN OPPOSITION: The California State Sheriffs’ Association opposes this bill stating:

While county jails are responsible for the care of inmates while in physical custody, the reach and responsibility of public entities can only extend so far.  Additionally, existing law permits the sheriff to offer a voluntary program to inmates that would allow them to stay in the custody facility for up to 16 additional hours or until normal business hours, whichever is shorter, in order to offer inmates the ability to be discharged to a treatment center or during daytime hours.  Current law further permits a participating inmate to revoke his or her consent to stay longer and be discharged as soon as possible and practicable.

Conversely, SB 42 requires the sheriff to allow the person to stay in jail or offer a safe place to stay if the inmate declines release during evening and early morning hours.  Such a mandate creates space and cost challenges that would likely need to avoid keeping this population away from persons not free to leave.  Further, if the person does not feel safe enough to leave the facility but declines the option to stay, SB 42 requires the sheriff to provide free transportation to a location of the person’s choosing within the county or within a 100-mile radius, whichever is further.  For geographically large counties, small or rural counties with staffing limitations, and counties that release a significant number of inmates on a daily basis, this unfunded mandate will cripple the provision of other services and turn peace officers and sheriffs’ staff into drivers who will spend their days traversing the county at the whim of recently released inmates.

Several of the bill’s mandates also create massive liability for county governments.  By requiring transportation to any location of the inmate’s choosing, public staff could be forced to unwittingly deliver an at-risk inmate to their drug dealer’s location, for example.  Providing a released inmate three days’ supply of any necessary medication creates risk to the released person and others since there is no limitation on the type of medication that must be given to the person (e.g. narcotics, opiate replacements, anti-psychotics) and no ability to supervise appropriate use thereof.

GOVERNOR'S VETO MESSAGE:

I am returning Senate Bill 42 without my signature.

Jails should not be releasing people onto the streets during overnight hours. This is simply an unsafe practice, resulting in many tragic and preventable outcomes over the years. At a very minimum, facilities should absolutely provide a safe place to wait and arrange safe transportation when late night discharges do occur.

However, this bill requires that individuals are permitted to stay in jail until morning if desired, therefore creating a significant state reimbursable mandate.

The bill's intent can be accomplished through a more tailored approach that does not put the state treasury on the hook for local jail operations costs which are a local responsibility.

ASSEMBLY FLOOR: 65-1, 9/10/19

AYES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cunningham, Daly, Diep, Eggman, Friedman, Gabriel, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mayes, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Luz Rivas, Robert Rivas, Blanca Rubio, Salas, Santiago, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

NOES: Melendez

NO VOTE RECORDED: Brough, Cooper, Flora, Fong, Frazier, Gallagher, Mathis, Obernolte, Patterson, Petrie-Norris, Ramos, Rodriguez, Smith

Prepared by: Mary Kennedy / PUB. S. /

11/4/19 11:59:47

**** END ****

 UNFINISHED BUSINESS  

Bill No: SB 42

Author: Skinner (D), et al.

Amended: 9/3/19

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 6-1, 4/9/19

AYES: Skinner, Moorlach, Bradford, Jackson, Mitchell, Wiener

NOES: Morrell

SENATE APPROPRIATIONS COMMITTEE: 4-2, 5/16/19

AYES: Portantino, Bradford, Hill, Wieckowski

NOES: Bates, Jones

SENATE FLOOR: 35-3, 5/23/19

AYES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dodd, Durazo, Galgiani, Glazer, Hertzberg, Hill, Hueso, Hurtado, Jackson, Jones, Leyva, McGuire, Mitchell, Monning, Moorlach, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Umberg, Wieckowski, Wiener, Wilk

NOES: Grove, Morrell, Stone

ASSEMBLY FLOOR: 65-1, 9/10/19 - See last page for vote

SUBJECT: The Getting Home Safe Act

SOURCE: Young Women’s Freedom Center

DIGEST:

This bill requires each county sheriff to develop release standards in accordance with the provisions of this bill which will provide the safe release of a person from custody.

Assembly Amendments:

1. :
2. Remove the task force.
3. Remove mandate to assist in enrolling in drug or alcohol rehab program.
4. Remove mandate to provide three days medication after 30 days incarcerated.
5. Remove compliant to the ombudsperson.

Existing law:

1. Provides that a sheriff my 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. (Penal Code § 4024 (a))
2. Provides that 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, the sheriff may offer a voluntary program to the prisoner to 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. (Penal Code § 4024 (b)(1))
3. Provides that it 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. (Penal Code § 4024 (b)(2))
4. Provides that if a prisoner has spotted 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. (Penal Code § 4024 (b)(4))
5. Provides that 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. (Penal Code § 4024 (b)(5))

This bill:

1. Sunsets Penal Code Section 4024 on June 1, 2020.
2. Provides that a county sheriff shall make release standards, release processes, and release schedules available to people when they are booked into county jail and while they are incarcerated in a county jail.
3. Provides that the release standards shall include the list of rights enumerated in this bill and the timeframe for the expedient release of a person following the determination to release that person by a judge, jury, or appropriate county staff member.
4. Provides that a person incarcerated in or recently released from a county jail shall have access to up to three free telephone calls from a telephone in the county jail to plan for a safe and successful release.
5. Provides that a sheriff shall offer a person scheduled to be released from jail between the hours of 5 p.m. or sundown, whichever is later, and 8 a.m., the option to voluntarily stay in jail for up to 16 additional hours or until normal business hours, whichever is shorter in order to offer the person the ability to be discharged during daylight hours.
6. States that a person shall provide written consent before choosing to stay voluntarily in jail, however that written consent can be revoked at any time and the person shall be discharged as soon as possible and practicable.
7. Provides that if the person is scheduled to be released between the hours of 5 p.m. or sundown whoever is later, and 8 a.m., and the person has declined the voluntary stay option, the person shall be provided the opportunity to have a safe place to wait to be picked up with adequate and sufficient ability to charge a personal cell phone and access to a free public phone.
8. Provides that a person scheduled to be released from county jail between the hours of 8 a.m. and 5 p.m. or sundown, whichever is later, shall be released at that time.
9. Provides that it does not prevent the early release of a person as otherwise allowed by law or allow a county jail to retain a person any longer than otherwise required or allowed by law without the person’s express written consent.
10. Has an operative date of June 1, 2020.
11. Makes a number of uncodified findings and declarations.

Background

This bill requires a county sheriff to make release standards and to make them available to people as they are booked into and while they are in county jail. The release standards shall include the list of rights provided for in this bill and the timeframe of the expedient release of a person following the determination to release that person by a judge, jury or appropriate county staff member.

1. Alcohol and Drug Rehabilitation

This bill provides that a person shall have the right to request that upon his or her release from a county jail, he or she be assisted in entering a drug or alcohol program. The request can be made when the person is booked or any time after that. If a person chooses to enter a drug or alcohol rehabilitation program, the county jail assist, when feasible, in arranging transportation to the program.

1. Phone Calls

This bill provides that a person incarcerated in or recently released from county jail shall have access to up to three telephone calls from a telephone in the county jail to plan for a safe and successful.

1. Release Between 5 p.m. and 8 a.m.

This bill requires a number of options if a person is released between 5 p.m., or sundown whichever is later, and 8 a.m.:

• 1. A person can voluntarily stay up to 16 hours. The person must consent and the consent can be withdrawn at any time.
  2. The county jail shall provide a safe place to wait for a person to be picked up and that place shall have a cell phone charger and access to a free phone.

1. Supply of Medication

This bill provides that a person who is released from jail after being incarcerated for more than 30 days shall receive at least three days’ supply of necessary medication.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Assembly Appropriations Committee, costs (Proposition 30/General Fund) of approximately $150,000 annually to counties to provide release procedures, refer and possibly transport newly released inmates to rehabilitation programs upon request, and provide newly released inmates a safe place to wait for transportation if released after sundown.

SUPPORT: (Verified 9/10/19)

Young Women’s Freedom Center (source)

ACLU

Alcohol Justice

Alliance for Girls

Bay Area Community Services

Berkeley City Council

California Attorneys for Criminal Justice

California Catholic Conference

California Public Defenders Association

Center on Juvenile and Criminal Justice

Disability Rights California

Ella Baker Center for Human Rights

Fathers and Families of San Joaquin

Justice Now

Oakland Privacy

Root and Rebound

San Francisco Bay Area Rapid Transit District

San Francisco Sheriff’s Department

San Francisco Taxpayers for Public Safety

Spotlight Girls

The Women’s Building of San Francisco

Time for Change Foundation

W Haywood Burns Institute

Number of individuals

OPPOSITION: (Verified 9/10/19)

California State Sheriffs’ Association

ARGUMENTS IN SUPPORT: The Center on Juvenile and Criminal Justice, in support of this bill, states:

It is difficult for individuals in jail or those being processed for release to contact a loved one and arrange a ride home. Jails typically do not provide access to a phone or a cell phone charger for those being released, and for those with phone access, family members or friends may be unreachable in the middle of the night. Without the ability to contact loved ones, many of those released in the middle of the night are forced to walk, wait for public transportation to begin service, or accept a ride with a stranger. In July 2018, Jessica St. Louis was released at 1:30 am from Alameda County’s Santa Rita Jail, which is two miles from the nearest BART station and lacks 24-hour access to public transportation. Tragically, Ms. St. Louis died during her journey home.

ARGUMENTS IN OPPOSITION: The California State Sheriffs’ Association opposes this bill stating:

While county jails are responsible for the care of inmates while in physical custody, the reach and responsibility of public entities can only extend so far.  Additionally, existing law permits the sheriff to offer a voluntary program to inmates that would allow them to stay in the custody facility for up to 16 additional hours or until normal business hours, whichever is shorter, in order to offer inmates the ability to be discharged to a treatment center or during daytime hours.  Current law further permits a participating inmate to revoke his or her consent to stay longer and be discharged as soon as possible and practicable.

Conversely, SB 42 requires the sheriff to allow the person to stay in jail or offer a safe place to stay if the inmate declines release during evening and early morning hours.  Such a mandate creates space and cost challenges that would likely need to avoid keeping this population away from persons not free to leave.  Further, if the person does not feel safe enough to leave the facility but declines the option to stay, SB 42 requires the sheriff to provide free transportation to a location of the person’s choosing within the county or within a 100-mile radius, whichever is further.  For geographically large counties, small or rural counties with staffing limitations, and counties that release a significant number of inmates on a daily basis, this unfunded mandate will cripple the provision of other services and turn peace officers and sheriffs’ staff into drivers who will spend their days traversing the county at the whim of recently released inmates.

Several of the bill’s mandates also create massive liability for county governments.  By requiring transportation to any location of the inmate’s choosing, public staff could be forced to unwittingly deliver an at-risk inmate to their drug dealer’s location, for example.  Providing a released inmate three days’ supply of any necessary medication creates risk to the released person and others since there is no limitation on the type of medication that must be given to the person (e.g. narcotics, opiate replacements, anti-psychotics) and no ability to supervise appropriate use thereof.

ASSEMBLY FLOOR: 65-1, 9/10/19

AYES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cunningham, Daly, Diep, Eggman, Friedman, Gabriel, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mayes, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Luz Rivas, Robert Rivas, Blanca Rubio, Salas, Santiago, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

NOES: Melendez

NO VOTE RECORDED: Brough, Cooper, Flora, Fong, Frazier, Gallagher, Mathis, Obernolte, Patterson, Petrie-Norris, Ramos, Rodriguez, Smith

Prepared by: Mary Kennedy / PUB. S. /

9/10/19 22:03:00

**** END ****

SENATE THIRD READING

STR Bill Id:SB 42

Author:(Skinner)

As Amended Ver:September 3, 2019

Majority vote

SUMMARY:

Establishes the Getting Home Safe Act which mandates that all county jails follow specified procedures for releasing a person from jail to ensure that person's safety, including providing a safe place for the person to wait after release during evening hours.

Major Provisions

1. State that it is the intent of the Legislature to ensure that people are released with expediency from county jails with conditions that protect their health and maximize the likelihood of their success in preventing rearrest by establishing a statewide release standard for county jails to follow.
2. Establish the Getting Home Safe Act, which counties must comply with when releasing a person from jail.
3. Require the sheriff to make the release standards, release processes, and release schedules of a county jail available to a person when the person is booked into a county jail and while incarcerated in a county jail.
4. Require that the release standards provided to a prisoner include the list of rights enumerating that a person has to be safely released from county jail.
5. Require a county jail to track the number of people who are released from county jail between 5 p.m. and sundown, whichever is later, and 8 a.m. and provide that information to the public upon request.
6. Require a county jail to provide to a person incarcerated in or recently released from county jail up to three free telephone calls from a telephone in the county jail to plan for a safe and successful release.
7. Require the sheriff to offer to a person scheduled to be released from jail after 5 p.m. or sundown, whichever is later, or before 8 a.m., the option to voluntarily stay in jail for up to 16 additional hours or until normal business hours, whichever is shorter, in order to offer the person the ability to be discharged during daytime hours. Requires, in the event a person choses to voluntarily stay in jail, that the person provide written consent to remain in custody, which may be revoked at any time, in which event, the sheriff shall discharge the person from jail as soon as possible and practicable.
8. Provide that if a person is scheduled to be released after 5 p.m. or sundown, whichever is later, or before 8 a.m., and that person chooses to leave, that the person shall be provided with the opportunity to have a safe place to wait for transportation, which provides adequate and sufficient ability to charge a personal cell phone and access to a free public telephone.

COMMENTS

According to the Author:

"The practice of late night releases is especially dangerous for women, including transgender women, who become targets for physical abuse, sexual abuse, and sex trafficking from predators who are familiar with county jail late-night release practices. The release of people from a county jail during late-night hours is not only dangerous for the person being released but also for the public health and safety of the community at large. Persons who suffer from mental illness or substance addiction are far less likely to be able to access immediate treatment services following a late-night release from county jail. The death of Jessica St. Louis was avoidable and we look to prevent such an incident from occurring to the best of our ability. By requiring a safe place to wait, free phone calls and sufficient ability for a person to charge their cell-phone we look to reduce the amount of people who are victims of crime as a result of late night release from county jail."

Arguments in Support:

According to the Center on Juvenile and Criminal Justice, "This bill would ensure the safety of individual released from jail by requiring that they be released at appropriate times of day, provided with the option of voluntarily staying in jail longer so they can be released during the day, or offered specified alternatives, such as free transportation to a location of the person's choosing."

"Nothing in The Getting Home Safe Act would prevent the early release of those detained as allowed by law, or allow jails to retain those detained any longer than otherwise required without the individual's express written consent. It also does not change existing law that authorizes a sheriff to offer a person the ability to voluntarily stay in jail for up to 16 additional hours or until normal business hours, whichever is shorter, in order to enter a treatment program or return home during daytime hours. Currently, California state law authorizes that a person can revoke his or her consent and be discharged as soon as is possible and practicable."

Arguments in Opposition:

According to the Rural County Representatives of California (RCRC), "Existing law permits the sheriff to offer a voluntary program to inmates that would allow them to stay in a county detention facility for up to 16 additional hours in order to offer inmates the ability to be discharged during daytime hours. Current law also permits a participating inmate to revoke his or her consent to stay longer and be discharged as soon as possible and practicable. While we understand the objective of the Getting Home Safe Act, we are concerned that, while well-intentioned, the new requirements represent a considerable new mandate, some very broad in nature, which would impose considerable costs on counties and potentially expose our members to liability."

FISCAL COMMENTS:

According to the Appropriations Committee, costs (Proposition 30/General Fund) of approximately $150,000 annually to counties to provide release procedures, refer and possibly transport newly released inmates to rehabilitation programs upon request, and provide newly released inmates a safe place to wait for transportation if released after sundown.

VOTES:

SENATE FLOOR: 35-3-0

YES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dodd, Durazo, Galgiani, Glazer, Hertzberg, Hill, Hueso, Hurtado, Jackson, Jones, Leyva, McGuire, Mitchell, Monning, Moorlach, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Umberg, Wieckowski, Wiener, Wilk

NO: Grove, Morrell, Stone

ASM PUBLIC SAFETY: 7-0-1

YES: Jones-Sawyer, Lackey, Bauer-Kahan, Kamlager-Dove, Quirk, Santiago, Wicks

ABS, ABST OR NV: Mathis

ASM APPROPRIATIONS: 13-0-5

YES: Gonzalez, Bloom, Bonta, Calderon, Carrillo, Chau, Diep, Eggman, Gabriel, Eduardo Garcia, Maienschein, Quirk, Robert Rivas

ABS, ABST OR NV: Bigelow, Brough, Fong, Obernolte, Petrie-Norris

UPDATED:

VERSION: September 3, 2019

CONSULTANT: Nikki Moore (Counsel) / PUB. S. / (916) 319-3744 FN: 0001655

Date of Hearing: August 14, 2019

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

SBPCA Bill Id:SB 42

Author:(Skinner) – As Amended Ver:July 1, 2019

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill creates the Getting Home Safe Act (GHSA), which mandates all county jails follow specified procedures for releasing a person from jail during evening hours in order to ensure the person’s safety, including providing a safe place for the person to wait. Specifically, this bill:

1. Requires a county sheriff to make the release standards, release processes and release schedules of a county jail available to a person when booked into a county jail and while incarcerated in a county jail.
2. Requires release standards provided to a prisoner include a list of rights available to the prisoner to be safely released from county jail, including the timeframe for the expedient release of a person following the determination to release that person by a judge, jury or appropriate county staff member.
   
3. Gives a person being released from county jail the right to request, upon release, assistance in entering a drug or alcohol rehabilitation program. The request may be made at the time of, or after, being booked into a county jail.
   
4. Provides if a person chooses to enter a drug or alcohol rehabilitation program upon release from jail, the county jail shall assist, when feasible, in arranging transportation directly to a rehabilitation program or hospital free of charge immediately upon release.
   
5. Requires a county jail to provide to a person incarcerated in or recently released from county jail up to three free telephone calls from a telephone in the county jail to plan for a safe and successful release.
   
6. Requires a sheriff’s department to offer a person scheduled to be released from jail after 5:00 p.m. or sundown, whichever is later, or before 8:00 a.m., the option to voluntarily stay in jail for up to 16 additional hours or until normal business hours, whichever is shorter, in order to offer the person the ability to be discharged during daytime hours.
   
7. Provides if a person is scheduled to be released after 5:00 p.m. or sundown, whichever is later, or before 8:00 a.m., and that person chooses to leave, that the person shall be provided with the opportunity to have a safe place to wait for transportation, which provides adequate and sufficient ability to charge a personal cell phone and access to a free public telephone.
   
8. Provides that a person who is released from jail after being incarcerated for more than 30 days shall receive at least three days’ supply of any necessary medication that the person was receiving when they were incarcerated.
   
9. Requires the Board of State and Community Corrections (BSCC) to establish the Late-Night Release Prevention Task Force, which shall prepare all materials related to the implementation of the GHSA, and develop recommended requirements for county jails to maintain records that adequately document the implementation of the GHSA, including how these records will be maintained and made available to the public.
   

FISCAL EFFECT:

1. Costs (Proposition 30/GF) in excess of $300,000 annually to counties to provide release procedures, refer and possibly transport newly released inmates to rehabilitation programs upon request, and provide newly released inmates a safe place to wait for transportation if released after sundown. There are 58 counties statewide. Counties, excluding Los Angeles, release on average 50 inmates every day. The average cost to house an inmate per day is approximately $100. If 10 out of 50 inmates statewide ask for remain in custody overnight every day, the total cost would be $365,000 annually in possible reimbursable costs. Cost to the GF will depend on whether the Commission on State Mandates determines the requirements of this bill to be a reimbursable mandate.
2. Costs (GF) to BSCC of $60,500 in 2019-20, $111,500 in 2020-21, and $101,000 in 2021-22 and annually thereafter to staff the task force and respond to complaints.

COMMENTS:

1. Purpose. According to the author:

By requiring a safe place to wait, free phone calls and sufficient ability for a person to charge their cell-phone we look to reduce the amount of people who are victims of crime as a result of late night release from county jail.

1. Inmate Safety. When inmates are ordered released from county jail, it can often take several hours to process them out. As a result, inmates may be released late at night with no transportation or cell phone service. Many county jails are in remote or high crime areas. Existing law requires counties to allow a person to remain in a custody facility for up to 16 additional hours or until normal business hours, whichever is shorter, in order to offer the person the ability to be discharged during the day or to a treatment program. Current law permits, but does not require, county jails to provide a person released from jail a safe place to wait during evening and early morning hours. This discretionary framework was established in 2014. However, it is clear that not all counties participate in the program, nor do they always employ safe departure procedures. This bill requires safe release procedures are followed by every county jail, that individuals are actively made aware of their rights upon release from jail, that they may use county telephones for free and that they may have the opportunity to charge their cell phone, if practicable for the facility. Since 2014, Los Angeles County has allowed inmates to remain at jail sites until 8:00 a.m., if released during the night.
   
2. Support. According to the Center on Juvenile and Criminal Justice:

This bill would ensure the safety of individual released from jail by requiring that they be released at appropriate times of day, provided with the option of voluntarily staying in jail longer so they can be released during the day, or offered specified alternatives, such as free transportation to a location of the person’s choosing.

1. Opposition. According to the Rural County Representatives of California:

SB 42 would require the sheriff to allow the inmate to stay in jail or offer a safe place to stay if they decline release during the evening and early morning hours. As a practical matter, most detention facilities in our member counties do not have an appropriate space to offer a non-custodial waiting area to meet this new mandate. We believe these specific provisions in SB 42 would create space-management challenges as well as increased staffing responsibilities.

Analysis Prepared by: Kimberly Horiuchi / APPR. / (916) 319-2081

Date of Hearing: June 25, 2019

Counsel: Nikki Moore

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

SBPCA Bill Id:SB 42

Author:(Skinner) – As Amended Ver:May 17, 2019

As Proposed to be Amended in Committee

SUMMARY: Establishes the Getting Home Safe Act which mandates that all county jails follow specified procedures for releasing a person from jail to ensure that person’s safety, including providing a safe place for the person to wait after release during evening hours. Specifically, this bill:

1. States that it is the intent of the Legislature to ensure that people are released with expediency from county jails with conditions that protect their health and maximize the likelihood of their success in preventing rearrest by establishing a statewide release standard for county jails to follow.
   
2. Establishes the Getting Home Safe Act, which counties must comply with when releasing a person from jail. Applies to persons including those who have completed a sentence served, who have been ordered by the court to be released, who have been released on their own recognizance, who have been released because the charges have been dismissed by the court, who are acquitted by a jury, who is cited and released on a misdemeanor charge, who have posted bail, who have complied with pretrial release conditions, and who have had the charges dropped by the prosecutor.
3. Requires the sheriff to make the release standards, release processes, and release schedules of a county jail available to a person when the person is booked into a county jail and while incarcerated in a county jail.
4. Requires that the release standards provided to a prisoner include the list of rights enumerating that a person has to be safely released from county jail, including the timeframe for the expedient release of a person following the determination to release that person by a judge, jury, or appropriate county staff member.
5. Gives a person being released from county jail the right to request that, upon release, they be assisted in entering a drug or alcohol rehabilitation program; the request may be made at the time of, or after, being booked into a county jail. Provides that if a person chooses to enter a drug or alcohol rehabilitation program upon release from jail, the county jail shall assist, when feasible, in arranging transportation directly to a rehabilitation program or hospital free of charge immediately upon release.
6. Requires a county jail to provide to a person incarcerated in or recently released from county jail up to three free telephone calls from a telephone in the county jail to plan for a safe and successful release.
7. Requires the sheriff to offer to a person scheduled to be released from jail after 5 p.m. or sundown, whichever is later, or before 8 a.m., the option to voluntarily stay in jail for up to 16 additional hours or until normal business hours, whichever is shorter, in order to offer the person the ability to be discharged during daytime hours. Requires, in the event a person choses to voluntarily stay in jail, that the person provide written consent to remain in custody, which may be revoked at any time, in which event, the sheriff shall discharge the person from jail as soon as possible and practicable.
8. Provides that if a person is scheduled to be released after 5 p.m. or sundown, whichever is later, or before 8 a.m., and that person chooses to leave, that the person shall be provided with the opportunity to have a safe place to wait for transportation, which provides adequate and sufficient ability to charge a personal cell phone and access to a free public telephone.
9. Provides that a person scheduled to be released from county jail between the hours of 8 a.m. and 5 p.m. or sundown, whichever is later, shall be released during that time.
   
10. Provides that a person who is released from jail after being incarcerated for more than 30 days shall receive at least three days’ supply of any necessary medication that the person was receiving when they were incarcerated.
11. States that nothing prevents the early release of a person, as otherwise allowed by law, and nothing allows a county jail to retain a person any longer than otherwise required or allowed by law without the person’s express written consent.
12. States that a complaint regarding a violation of the rights established by this act may be submitted to the Board of State and Community Corrections, Ombudsman.
13. Requires the Board of State and Community Corrections to establish the Late-Night Release Prevention Task Force, which shall prepare all materials related to the implementation of the Getting Home Safe Act, and develop recommended requirements for county jails to maintain records that adequately document the implementation of the Act, including how these records will be maintained and made available to the public.
14. States that the task force shall submit a report on January 1, 2022, to the relevant policy and budget committees of the Legislature about the progress made by the task force in implementing this Act and make suggestions for any additional legislation necessary to prevent dangerous late-night releases at county jails throughout California.

EXISTING LAW:

1. States that the sheriff may discharge any person from the county jail at such time on the last day such person may be confined as the sheriff shall consider to be in the best interests of the person. (Pen. Code, § 4024.)
2. Provides that upon completion of a sentence served by a person or the release of a person ordered by the court to be effected the same day, including persons 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 person that would allow that person 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 person the ability to be discharged to a treatment center or during daytime hours. The person may revoke their consent and be discharged as soon as possible and practicable. (Pen. Code, § 4024.)
   
3. States that offering this voluntary program is an act of discretion within the meaning of Section 820.2 of the Government Code. (Pen. Code, § 4024.)
   
4. Provides that if a person has posted bail and elects to participate in this program, they shall notify the bail agent as soon as possible and practicable of their decision to participate. (Pen. Code, § 4024.)
   
5. States that a sheriff offering this program shall, whenever possible, allow the person 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. (Pen. Code, § 4024.)

FISCAL EFFECT: Unknown

COMMENTS:

1. Author's Statement: According to the author, “The practice of late night releases is especially dangerous for women, including transgender women, who become targets for physical abuse, sexual abuse, and sex trafficking from predators who are familiar with county jail late-night release practices. The release of people from a county jail during late-night hours is not only dangerous for the person being released but also for the public health and safety of the community at large. Persons who suffer from mental illness or substance addiction are far less likely to be able to access immediate treatment services following a late-night release from county jail. The death of Jessica St. Louis was avoidable and we look to prevent such an incident from occurring to the best of our ability. By requiring a safe place to wait, free phone calls and sufficient ability for a person to charge their cell-phone we look to reduce the amount of people who are victims of crime as a result of late night release from county jail.”
   
2. Purpose of this Bill: People become eligible to leave county jail every minute of the day. Sometimes, the time the person should be released is a dangerous time to be released: when it’s dark, when normal public services are not operating, when they are vulnerable to return to drug or alcohol use instead of attending a counseling meeting or treatment program, or when they can’t reach a family member. A person may be released with a dead cell phone and no ability to call for a ride. They may need to wait for a few hours before a friend can drive to provide a ride. A person may be released at a time when they need to take medication within the hour in order to maintain their health.
   
   This bill seeks to protect those people by providing flexibility upon release: to provide a chance to charge a phone, arrange a ride, leave with proper medication, and leave in accordance with a treatment plan.
   
   The bill’s intent language states that women; victims of physical abuse, sexual abuse, and sex trafficking; and people with mental illness and substance abuse issues are particularly at risk when released during late night and early morning hours.
   
3. Change from Discretionary to Mandatory Participation: Current law permits, but does not require, county jails to provide a person released from jail a safe place to wait during evening and early morning hours. This discretionary framework was established in 2014. However, it is clear that not all counties participate in the program, nor do they always employ safe departure procedures. This bill would ensure that safe release procedures are followed by every county jail, that individuals are actively made aware of their rights upon release from jail to ensure that they know they may stay at the facility to wait for a ride, that they may use county telephones for free, and that they may have the opportunity to charge their cell phone, if practicable for the facility.
   
4. Medical Supply of Three Days: Current practice by the Department of Corrections and Rehabilitation (CDCR) is to provide persons released from their facilities with medication as necessary. Title 15 of the California Code of Regulations §3076.4(j) states that at the time of release from a CDCR facility, medical staff shall ensure the inmate has each of the following in their possession: a discharge medical summary, full medical records, state identification, parole medication, and all property belonging to the individual. After discharge, any additional records shall be sent to the individual’s forwarding address.

According to CDCR, patients leaving CDCR’s health care system, if currently receiving medication(s), generally receive a 30-day supply of each medication(s) including medications prescribed to be taken as needed. At the time of release, CDCR custody staff ensures that the patient receives his/her parole medication(s), along with a list of the medications received. Medications provided are those identified as necessary to protect life, prevent significant illness or disability, or to alleviate severe pain, unless clinically contraindicated. Medications that are not provided include: over-the-counter medications for minor ailments such as seasonal allergies, dandruff, and acne or items such as shampoos, moisturizing lotions, antacids, and sunscreen.

While a 30-day supply is typical, all medications are continued for the period accepted as safe without follow up. For example, a supply of clozapine (an anti-psychotic medication) varies depending on a patient’s stage of monitoring. With respect to opioid medications prescribed for chronic pain, a 30-day supply is generally provided to assure uninterrupted access to stable dosing of medication until care can be obtained in the community. Where patients suffer from mental health conditions and/or substance use disorder, expedient transitional linkages to care in the community are crucial and medication supplies may be adjusted accordingly to mitigate risk of harm. Patients at high risk of opioid-related harm are provided Naloxone at the time of release.

This bill would impose a duty on county jails to make similar assessments in providing necessary medication to a person being released from jail after being incarcerated for at least 30 days. This bill would only require a county jail to provide three days of medication, and clarifies that the definition of “necessary” medication that shall be provided upon release is medication that the person was already receiving when they were incarcerated.

1. Argument in Support: According to the Center on Juvenile and Criminal Justice, “California counties currently operate 118 local jail facilities across the state, housing more than 70,000 people. Every quarter these facilities release over a thousand people who must navigate complex release processes and find their way home. Many are released in the middle of the night without adequate transportation or supportive services that could prevent immediate recidivism or physical harm. Women are particularly vulnerable to the dangers of late-night releases, including exploitation by traffickers. Despite legislation passed and signed in 2014 that allowed county jails to voluntarily participate in a program that would reduce the number of late-night releases throughout California, few jails have changed their release policies and many continue to regularly release jailed persons during late-night hours.

“It is difficult for individuals in jail or those who are being processed for release to contact a loved one and arrange a ride home. Jails typically do not provide access to a phone or a cell phone charger for those being released, and, for those with phone access, family members or friends may be unreachable in the middle of the night. Without the ability contact loved ones, many of those released in the middle of the night are forced to walk, wait for public transportation to begin service, or accept a ride with a stranger. In July 2018, Jessica St. Louis was released at 1:30am from Alameda County’s Santa Rita Jail, which is two miles from the nearest BART station and lacks 24-hour access to public transportation. Tragically, Ms. St. Louis died during her journey home.

“This bill would ensure the safety of individual released from jail by requiring that they be released at appropriate times of day, provided with the option of voluntarily staying in jail longer so they can be released during the day, or offered specified alternatives, such as free transportation to a location of the person’s choosing.

“In addition, the Getting Home Safe Act would:

• Require county sheriffs to make available to the public and upon booking, the release standards, processes and schedules of the county jail.
  
• Require that people who are being released from a long stay (30 days or more) in jail receive basic services, including at least three days safe shelter and food and at least one week’s supply of any necessary medication.
  
• Require those who are in jail or recently released to have free phone calls and access to a cell phone charging station.

“To ensure proper implementation of the Getting Home Safe Act, SB 42 establishes the Board of State and Community Corrections (BSCC) Office of the Ombudsman as the recipient of public complaints about local late-night release practices. Furthermore, the BSCC would establish the Late-night Release Prevention Taskforce, which would be responsible for creating, implementing, and monitoring protocols of the Getting Home Safe Act and would submit an annual report on the implementation of these provisions along with recommendations for any additional legislation necessary to prevent dangerous late-night releases. This taskforce would be comprised of relevant stakeholders, including formerly incarcerated women and men.

“Nothing in The Getting Home Safe Act would prevent the early release of those detained as allowed by law, or allow jails to retain those detained any longer than otherwise required without the individual’s express written consent. It also does not change existing law that authorizes a sheriff to offer a person the ability to voluntarily stay in jail for up to 16 additional hours or until normal business hours, whichever is shorter, in order to enter a treatment program or return home during daytime hours. Currently, California state law authorizes that a person can revoke his or her consent and be discharged as soon as is possible and practicable.”

1. Argument in Opposition: According to the Rural County Representatives of California (RCRC), “Existing law permits the sheriff to offer a voluntary program to inmates that would allow them to stay in a county detention facility for up to 16 additional hours in order to offer inmates the ability to be discharged during daytime hours. Current law also permits a participating inmate to revoke his or her consent to stay longer and be discharged as soon as possible and practicable. While we understand the objective of the Getting Home Safe Act, we are concerned that, while well-intentioned, the new requirements represent a considerable new mandate, some very broad in nature, which would impose considerable costs on counties and potentially expose our members to liability.

“SB 42 would require the sheriff to allow the inmate to stay in jail or offer a safe place to stay if they decline release during the evening and early morning hours. As a practical matter, most detention facilities in our member counties do not have an appropriate space to offer a non-custodial waiting area to meet this new mandate. We believe these specific provisions in SB 42 would create space-management challenges as well as increased staffing responsibilities.

“In addition to the safe waiting place requirement for those who decline to voluntarily stay in jail, RCRC also is concerned about the broad requirement that every jail offer personal cell phone charging stations. There would be substantial costs – as well as practical challenges with establishing and maintaining the ability given to charge virtually any model of cell phone – associated with installation of this feature in our county jails.

“Finally, we are concerned about county liability created by this bill. Providing a released inmate with three days’ supply of any necessary medication creates risk to the released person and others since there is no limitation on the type of medication that must be given to the person (e.g. narcotics, opiate replacements, anti-psychotics) and no ability to supervise appropriate use thereof.”

1. Prior Legislation:
   
   1. SB 833 (Liu), Statutes of 2014, Chapter 90, authorizes 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
      
   2. SB 153 (Liu), of the 2009-10 Legislative Session, would have provided that the sheriff shall discharge a prisoner upon the completion of their sentence between the hours of 6 a.m. and 6 p.m., with certain exceptions. SB 153 died in the Senate Committee on Public Safety.

REGISTERED SUPPORT / OPPOSITION:

Support

Alcohol Justice 
Alliance for Boys and Men of Color
American Civil Liberties Union of California
California Attorneys for Criminal Justice
California Catholic Conference
California Public Defenders Association
Center on Juvenile and Criminal Justice
Community Against Sexual Harm
Depression and Bipolar Support Alliance
Disability Rights California
Ella Baker Center for Human Rights
Having Our Say Coalition
Justice Now
Oakland Privacy
Root & Rebound
San Francisco Bay Area Rapid Transit District 
Schott & Lites Advocates Llc
UDW/AFSCME Local 3930

Oppose

California State Sheriffs' Association
Rural County Representatives of California

Analysis Prepared by: Nikki Moore / PUB. S. / (916) 319-3744

 THIRD READING  

Bill No: SB 42

Author: Skinner (D)

Amended: 5/17/19

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 6-1, 4/9/19

AYES: Skinner, Moorlach, Bradford, Jackson, Mitchell, Wiener

NOES: Morrell

SENATE APPROPRIATIONS COMMITTEE: 4-2, 5/16/19

AYES: Portantino, Bradford, Hill, Wieckowski

NOES: Bates, Jones

SUBJECT: The Getting Home Safe Act

SOURCE: Young Women’s Freedom Center

DIGEST:

This bill requires each county sheriff to develop release standards in accordance with the provisions of this bill which will provide the safe release of a person from custody.

ANALYSIS:

Existing law:

1. Provides that a sheriff my 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. (Penal Code § 4024 (a))
2. Provides that 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, the sheriff may offer a voluntary program to the prisoner to 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. (Penal Code § 4024 (b)(1))
3. Provides that it 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. (Penal Code § 4024 (b)(2))
4. Provides that if a prisoner has spotted 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. (Penal Code § 4024 (b)(4))
5. Provides that 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. (Penal Code § 4024 (b)(5))

This bill:

1. Sunsets Penal Code Section 4024 on June 1, 2020.
2. Provides that a county sheriff shall make release standards, release processes, and release schedules available to people when they are booked into county jail and while they are incarcerated in a county jail.
3. Provides that the release standards shall include the list of rights enumerated in this bill and the timeframe for the expedient release of a person following the determination to release that person by a judge, jury, or appropriate county staff member.
4. Provides that a person shall have the right to request that, upon release from a county jail, the person be assisted in entering a drug or alcohol rehabilitation program. The person shall be allowed to make this request, upon or subsequent to, being booked into county jail.
5. Provides that if a person chooses to enter a drug or alcohol rehabilitation program upon release from jail, the county jail shall assist, when feasible, in arranging transportation directly to the rehabilitation program or hospital free of charge immediately upon release.
6. Provides that a person incarcerated in or recently released from a county jail shall have access to up to three free telephone calls from a telephone in the county jail to plan for a safe and successful release.
7. Provides that a sheriff shall offer a person scheduled to be released from jail between the hours of 5 p.m. or sundown, whichever is later, and 8 a.m., the option to voluntarily stay in jail for up to 16 additional hours or until normal business hours, whichever is shorter in order to offer the person the ability to be discharged during daylight hours.
8. States that a person shall provide written consent before choosing to stay voluntarily in jail, however that written consent can be revoked at any time and the person shall be discharged as soon as possible and practicable.
9. Provides that if the person is scheduled to be released between the hours of 5 p.m. or sundown whoever is later, and 8 a.m., and the person has declined the voluntary stay option, the person shall be provided the opportunity to have a safe place to wait to be picked up with adequate and sufficient ability to charge a personal cell phone and access to a free public phone.
10. Provides that a person scheduled to be released from county jail between the hours of 8 a.m. and 5 p.m. or sundown, whichever is later, shall be released at that time.
11. Provides that a person who is released from jail after being incarcerated for more than 30 days shall receive at least three days’ supply of any necessary medication.
12. Provides that it does not prevent the early release of a person as otherwise allowed by law or allow a county jail to retain a person any longer than otherwise required or allowed by law without the person’s express written consent.
13. Provides that a violation of the rights established by this act may be submitted to the Board of State and Community Corrections (BSCC) Ombudsman.
14. Provides that the purpose of developing protocols for receiving and responding to reports of violation of the rights established by this act, BSCC shall convene a stakeholder group that includes women and girls who have been incarcerated to aid this effort.
15. Defines “woman” as a person who self-identifies her gender as a woman.
16. Has an operative date of June 1, 2020.
17. Provides that BSCC shall establish the Late-Night Release Prevention Task Force that shall do both of the following:
    1. Prepare all materials related to the implementation of the Getting Home Safe Act.
    2. Develop recommended requirements for county jails to maintain records that adequately document the implementation of the Getting Home Safe Act, including how these records will be maintained and made available to the public.
18. Provides that the Task Force shall submit a report on January 1, 2022, to the relevant policy and budget committees of the Legislature about the progress made by the task force in implementing this bill and make suggestions for additional legislation to prevent late-night releases from county jails.
19. Makes a number of uncodified findings and declarations.

Background

This bill requires a county sheriff to make release standards and to make them available to people as they are booked into and while they are in county jail. The release standards shall include the list of rights provided for in this bill and the timeframe of the expedient release of a person following the determination to release that person by a judge, jury or appropriate county staff member.

1. Alcohol and Drug Rehabilitation

This bill provides that a person shall have the right to request that upon his or her release from a county jail, he or she be assisted in entering a drug or alcohol program. The request can be made when the person is booked or any time after that. If a person chooses to enter a drug or alcohol rehabilitation program, the county jail assist, when feasible, in arranging transportation to the program.

1. Phone Calls

This bill provides that a person incarcerated in or recently released from county jail shall have access to up to three telephone calls from a telephone in the county jail to plan for a safe and successful.

1. Release Between 5 p.m. and 8 a.m.

This bill requires a number of options if a person is released between 5 p.m., or sundown whichever is later, and 8 a.m.:

• 1. A person can voluntarily stay up to 16 hours. The person must consent and the consent can be withdrawn at any time.
  2. The county jail shall provide a safe place to wait for a person to be picked up and that place shall have a cell phone charger and access to a free phone.

1. Supply of Medication

This bill provides that a person who is released from jail after being incarcerated for more than 30 days shall receive at least three days’ supply of necessary medication.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee:

• Extended stay: Unknown, potentially-significant and likely-reimbursable costs in the hundreds of thousands of dollars to the millions of dollars to allow persons eligible for release to stay in county jail voluntarily for up to 16 hours. As with the transportation requirement, the requirement to keep a person after the release date would be subject to unknown information, specifically, how many individuals voluntarily request to stay in the custody facility who are scheduled for release between 5 p.m. (or sundown) and 8 a.m. and the daily costs for each facility to house one person for one day (or portion thereof). If, using a daily incarceration rate of $100, five individuals a day choose to an extended stay instead of release at one facility, this requirement would costs $182,500 for that affected county. These costs likely would be reimbursable by the state, the extent of which would be determined by the Commission on State Mandates. (General Fund, local funds)
• Medication: Unknown, potentially-significant and likely-reimbursable costs in the tens of thousands of dollars to the hundreds of thousands of dollars, depending on how many individuals who are being released were held for more than 30 days and are taking medication upon release and the costs of the pharmaceuticals. These costs likely would be reimbursable by the state, the extent of which would be determined by the Commission on State Mandates. (General Fund, local funds)
• BSCC: BSCC anticipates one-time costs of $121,000 for 0.75 of a Field Representative position for the implementation work, to respond to reported violations, and for travel costs associated with taskforce members and ongoing annual costs of $101,000 for 0.5 of a Field Representative position to respond to reported violations. (General Fund)

SUPPORT: (Verified 5/16/19)

Young Women’s Freedom Center (source)

ACLU

Alcohol Justice

Alliance for Girls

Bay Area Community Services

Berkeley City Council

California Attorneys for Criminal Justice

California Catholic Conference

California Public Defenders Association

Center on Juvenile and Criminal Justice

Disability Rights California

Ella Baker Center for Human Rights

Fathers and Families of San Joaquin

Justice Now

Oakland Privacy

Root and Rebound

San Francisco Bay Area Rapid Transit District

San Francisco Sheriff’s Department

San Francisco Taxpayers for Public Safety

Spotlight Girls

The Women’s Building of San Francisco

Time for Change Foundation

W Haywood Burns Institute

Number of individuals

OPPOSITION: (Verified 5/16/19)

California State Sheriffs’ Association

ARGUMENTS IN SUPPORT: The Center on Juvenile and Criminal Justice, in support of this bill, states:

It is difficult for individuals in jail or those being processed for release to contact a loved one and arrange a ride home. Jails typically do not provide access to a phone or a cell phone charger for those being released, and for those with phone access, family members or friends may be unreachable in the middle of the night. Without the ability to contact loved ones, many of those released in the middle of the night are forced to walk, wait for public transportation to begin service, or accept a ride with a stranger. In July 2018, Jessica St. Louis was released at 1:30 am from Alameda County’s Santa Rita Jail, which is two miles from the nearest BART station and lacks 24-hour access to public transportation. Tragically, Ms. St. Louis died during her journey home.

ARGUMENTS IN OPPOSITION: The California Sheriffs’ Association opposes this bill stating:

While county jails are responsible for the care of inmates while in physical custody, the reach and responsibility of public entities can only extend so far.  Additionally, existing law permits the sheriff to offer a voluntary program to inmates that would allow them to stay in the custody facility for up to 16 additional hours or until normal business hours, whichever is shorter, in order to offer inmates the ability to be discharged to a treatment center or during daytime hours.  Current law further permits a participating inmate to revoke his or her consent to stay longer and be discharged as soon as possible and practicable.

Conversely, SB 42 requires the sheriff to allow the person to stay in jail or offer a safe place to stay if the inmate declines release during evening and early morning hours.  Such a mandate creates space and cost challenges that would likely need to avoid keeping this population away from persons not free to leave.  Further, if the person does not feel safe enough to leave the facility but declines the option to stay, SB 42 requires the sheriff to provide free transportation to a location of the person’s choosing within the county or within a 100-mile radius, whichever is further.  For geographically large counties, small or rural counties with staffing limitations, and counties that release a significant number of inmates on a daily basis, this unfunded mandate will cripple the provision of other services and turn peace officers and sheriffs’ staff into drivers who will spend their days traversing the county at the whim of recently released inmates.

Several of the bill’s mandates also create massive liability for county governments.  By requiring transportation to any location of the inmate’s choosing, public staff could be forced to unwittingly deliver an at-risk inmate to their drug dealer’s location, for example.  Providing a released inmate three days’ supply of any necessary medication creates risk to the released person and others since there is no limitation on the type of medication that must be given to the person (e.g. narcotics, opiate replacements, anti-psychotics) and no ability to supervise appropriate use thereof.

Prepared by: Mary Kennedy / PUB. S. /

5/20/19 13:45:26

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

SB 42 (Skinner) - The Getting Home Safe Act

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on May 16, 2019

Bill Summary:

SB 42 would require every county sheriff to develop release processes, schedules, and standards in accordance with requirements specified in this measure. It also would require the Board of State and Community Corrections (BSCC) to establish a task force to, among other things, report on the progress on implementing the provisions of the bill and make suggestions for any additional proposals to prevent dangerous late-night releases from county jails.

Fiscal Impact:

• Extended stay: Unknown, potentially-significant and likely-reimbursable costs in the hundreds of thousands of dollars to the millions of dollars to allow persons eligible for release to stay in county jail voluntarily for up to 16 hours. As with the transportation requirement, the requirement to keep a person after the release date would be subject to unknown information, specifically, how many individuals voluntarily request to stay in the custody facility who are scheduled for release between 5 p.m. (or sundown) and 8 a.m. and the daily costs for each facility to house one person for one day (or portion thereof). If, using a daily incarceration rate of $100, five individuals a day choose to an extended stay instead of release at one facility, this requirement would costs $182,500 for that affected county. These costs likely would be reimbursable by the state, the extent of which would be determined by the Commission on State Mandates. (General Fund, local funds)
• Medication: Unknown, potentially-significant and likely-reimbursable costs in the tens of thousands of dollars to the hundreds of thousands of dollars, depending on how many individuals who are being released were held for more than 30 days and are taking medication upon release and the costs of the pharmaceuticals. These costs likely would be reimbursable by the state, the extent of which would be determined by the Commission on State Mandates. (General Fund, local funds)
• BSCC: The board anticipates one-time costs of $121,000 for 0.75 of a Field Representative position for the implementation work, to respond to reported violations, and for travel costs associated with taskforce members and ongoing annual costs of $101,000 for 0.5 of a Field Representative position to respond to reported violations. (General Fund)

Author Amendments:

Strike phone charging requirement and make technical changes.

Committee Amendments:

Strike transportation requirements.

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

SB 42 (Skinner) - The Getting Home Safe Act

Bill Summary:

SB 42 would require every county sheriff to develop and make publicly available release processes, schedules, and standards in accordance with requirements specified in this measure. It also would require the Board of State and Community Corrections (BSCC) to establish a task force to, among other things, report on the progress on implementing the provisions of the bill and make suggestions for any additional proposals to prevent dangerous late-night releases from county jails.

Fiscal Impact:

• Transportation: Unknown, potentially-major and likely-reimbursable costs in the millions of dollars annually to sheriffs’ offices to provide transportation up to the greater distance of anywhere within the county or 100 miles to persons requesting the service. County costs to comply with this provision would be subject to reimbursement by the state to the extent that the Commission on State Mandates determines that it imposes a state-mandated local program. Exact costs related to this requirement (and other requirements) would be subject to unknown information, including how many persons released from a jail in a year would request transportation services and where and how far the sheriffs’ offices would be required to travel for each excursion. Some sheriffs’ offices release hundreds of individuals from detention a day (e.g., the Los Angeles County Sheriff’s Department released 405 people from custody on April 16, 2019); other, smaller-population counties release far fewer individuals on a daily basis. If, for example, a county averages five individuals a day requesting transportation upon release at a cost of $400 per trip (to cover staff time, fuel, and other attendant expenses), the costs to that one county to comply with this requirement would be $730,000 per year. Considering that there are 58 counties affected, costs to implement this measure could reach well into the millions of dollars annually in the aggregate. (General Fund, local funds)
• Extended stay: Unknown, potentially-significant and likely-reimbursable costs in the hundreds of thousands of dollars to the millions of dollars to allow persons eligible for release to stay in county jail voluntarily for up to 16 hours. As with the transportation requirement, the requirement to keep a person after the release date would be subject to unknown information, specifically, how many individuals voluntarily request to stay in the custody facility who are scheduled for release between 5 p.m. (or sundown) and 8 a.m. and the daily costs for each facility to house one person for one day (or portion thereof). If, using a daily incarceration rate of $100, five individuals a day choose to an extended stay instead of release at one facility, this requirement would costs $182,500 for that affected county. These costs likely would be reimbursable by the state, the extent of which would be determined by the Commission on State Mandates. (General Fund, local funds)
• Medication: Unknown, potentially-significant and likely-reimbursable costs in the tens of thousands of dollars to the hundreds of thousands of dollars, depending on how many individuals who are being released were held for more than 30 days and are taking medication upon release and the costs of the pharmaceuticals. These costs likely would be reimbursable by the state, the extent of which would be determined by the Commission on State Mandates. (General Fund, local funds)
• BSCC: The board anticipates one-time costs of $121,000 for 0.75 of a Field Representative position for the implementation work, to respond to reported violations, and for travel costs associated with taskforce members and ongoing annual costs of $101,000 for 0.5 of a Field Representative position to respond to reported violations. (General Fund)

Background:

The county, generally, is responsible for the expenses necessarily incurred in the support of persons charged with or convicted of a crime and committed to the county jail. (Govt. Code, § 29602.) A sheriff is allowed, upon considering what is in the best interest of a person who is detained in the county jail, to discharge that person from the detention facility at such time on the last day that the person may be confined. (Pen. Code, § 4024, subd. (a).) Upon completion of a sentence served by a person or the court-ordered release of a person to be effected the same day, however, the sheriff may offer a voluntary program to allow the person to stay in the custody facility for up to 16 additional hours or until normal business hours, whichever is shorter, in order to offer that person the ability to be discharged to a treatment center or during daytime hours. (Pen. Code, § 4024, subd. (b).) A sheriff offering the program must allow a participant to make a telephone call to arrange for transportation, notify the bail agent, as specified, or both. (Id.)

Proposed Law:

This bill would:

• Require a sheriff, starting June 1, 2020, to make the release processes, schedules, and standards of a county jail available to the public and to incarcerated persons, as specified.
• Provide a person with the right to request, upon release from a county jail, assistance in entering a drug or alcohol rehabilitation program and would require the county jail to provide or arrange transportation directly from jail to a rehabilitation program or hospital free of charge immediately upon release from jail.
• Require a person scheduled to be released from jail between the hours of 8 a.m. and the later of 5 p.m. or sundown to be released during that time.
• Require the sheriff to offer a person scheduled to be released from jail between the hours of the later of 5 p.m. or sundown and 8 a.m. the option to voluntarily stay in jail for up to 16 additional hours or until normal business hours, as specified.
• Require the person, if declining the option to voluntarily stay in jail as specified above, to be provided the opportunity to choose from specified alternatives, such as free transportation to a location of the person’s choosing within the county or within a 100-mile radius, whichever is further.
• Require a person who is released from jail after being incarcerated for more than 30 days to be provided with at least a three-day supply of any necessary medication.
• Allow a violation of the rights granted by the bill to be submitted to the BSCC Ombudsman.
• Require BSCC to convene a stakeholder group that includes women, as defined, and girls who have been incarcerated to aid in developing protocols for receiving and responding to reports of violations of the provisions of this measure.
• Require BSCC to establish the Late-Night Release Prevention Task Force, which is to be composed of relevant stakeholders, including women, as defined, and children who have been incarcerated. The task force would, among other duties, be required to submit a report on January 1, 2022, to the Legislature, as specified, about the progress made by the task force in implementing the bill and on suggestions for any additional legislation necessary to prevent dangerous late-night releases at county jails.
• Repeal specified release processes for persons detained in county jail, including the voluntary 16-hour extended stay.
• Make specified legislative findings and declarations.

Related Legislation:

SB 833 (Liu, Ch. 90, Stats. 2014) created the program to allow a sheriff to extend the detention of a person in county jail for up to 16 hours, at the choice of the detained person, to allow that person to be discharged to a treatment center or during daytime hours.

-- END --

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Nancy Skinner, Chair

2019 - 2020 Regular

Bill No: SB 42 Hearing Date: April 9, 2019

Subject: The Getting Home Safe Act

HISTORY

Source: Young Women’s Freedom Center

Prior Legislation: SB 833 (Liu) Chapter 90, Stats. 2014

Support: ACLU; Alcohol Justice; Alliance for Girls; Bay Area Community Services; Berkeley City Council; California Attorneys for Criminal Justice; California Catholic Conference; California Public Defenders Association; Center on Juvenile and Criminal Justice; Disability Rights California; Fathers and Families of San Joaquin; Justice Now; Oakland Privacy; Root and Rebound; San Francisco Bay Area Rapid Transit District; San Francisco Sheriff’s Department; San Francisco Taxpayers for Public Safety; Spotlight Girls; Time for Change Foundation; W Haywood Burns Institute; The Women’s Building of San Francisco; a number of individuals

Opposition: California State Sheriffs’ Association

PURPOSE

The purpose of this bill is for each county sheriff to develop release standards in accordance with the provisions of this bill which will provide the safe release of a person from custody.

Existing law provides that a sheriff my 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. (Penal Code § 4024 (a))

Existing law provides that 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, the sheriff may offer a voluntary program to the prisoner to 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. (Penal Code § 4024 (b)(1))

Existing law provides that it 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. (Penal Code § 4024 (b)(2))

Existing law provides that if a prisoner has spotted 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. (Penal Code § 4024 (b)(4))

Existing law provides that 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. (Penal Code § 4024 (b)(5))

This bill sunsets Penal Code Section 4024 on June 1, 2020.

This bill provides that a county sheriff shall make release standards, release processes, and release schedules of a county jail available to the public and shall post them online to the sheriff’s website and shall also make them available to people when they are booked into county jail.

This bill provides that the release standards shall include the list of rights enumerated in this section and the timeframe for the expedient release of a person following the determination to release that person by a judge, jury, or appropriate county staff member.

This bill provides that a person shall have the right to request that, upon his or her release from a county jail, he or she be assisted in entering a drug or alcohol rehabilitation program. The person shall be allowed to make this request, upon or subsequent to, being booked into county jail.

This bill provides that if a person chooses to enter a drug or alcohol rehabilitation program upon release from jail, the county jail shall provide or arrange transportation directly to the rehabilitation program or hospital free of charge immediately upon release.

This bill provides that a person incarcerated in or recently released from a county jail shall have access to up to three free telephone calls from a telephone in the county jail to plan for a safe and successful release and shall also have access to a free cell phone charging station upon release from jail to charge their cell phone.

This bill provides that a sheriff shall offer a person scheduled to be released from jail between the hours of 5 p.m. or sundown, whoever is later, and 8 a.m., the option to voluntarily stay in jail for up to 16 additional hours or until normal business hours, whoever is shorter in order to offer the person the ability to be discharged during daylight hours.

This bill provides that a person shall provide his or her written consent before choosing to stay voluntarily in jail, however that written consent can be revoked at any time.

This bill provides that a person scheduled to be released from county jail between the hours of 8 a.m. and 5 p.m. or sundown, whoever is later, shall be released during that time. If the person is scheduled to be released between the hours of 5 p.m. or sundown whoever is later, and 8 a.m. and that person has declined the option to stay in custody he or she shall be proved the opportunity to choose from both of the following alternatives:

• A safe place to wait for a person he or she knows to pick him or her with adequate and sufficient ability to charge his or her own personal cell phone and access to a free public phone.
• Free transportation to a location of the person’s choosing within the county or within the 100-mile radius, whichever is further.

This bill provides that a person who is released from jail after being incarcerated for more than 30 days shall receive at least three days’ supply of any necessary medication.

This bill provides that it does not prevent the early release of a person as otherwise allowed by law or allow a county jail to retain a person any longer than otherwise required or allowed by law without the person’s express written consent.

This bill provides that a violation of the rights established by this act may be submitted to the Board of State and Community Corrections (BSCC) Ombudsman.

This bill provides that the purpose of developing protocols for receiving and responding to reports of violation of the rights established by this act, BSCC shall convene a stakeholder group that includes women and girls who have been incarcerated to aid this effort.

This bill defines “woman” as a person who self-identifies her gender as a woman.

This bill has an operative date of June 1, 2020.

This bill provides that BSCC shall establish the Late-Night Release Prevention Task Force that shall do both of the following:

• Prepare any and all materials related to the implementation of the Getting Home Safe Act.
• Develop recommended requirements for county jails to maintain records that adequately document the implementation of the Getting Home Safe Act, including how these records will be maintained and made available to the public.

This bill provides that the task force shall submit a report on January 1, 2022 to the relevant policy and budget committees of the Legislature about the progress made by the task force in implementing this section and make suggestions for additional legislation to prevent late-night releases from county jails.

This bill makes a number of uncodified findings and declarations.

COMMENTS

1. Need for This Bill

According to the author:

SB 42 helps people released from county jails get home safely by limiting the practice of unsafe late-night releases, and requiring that people released after hours have access to a phone, a ride home, and other supportive services.

2. Late night release from jail

Under existing law, a sheriff may offer a voluntary program to allow a prisoner who is eligible for release from county jail to stay in the custody facility for up to 16 additional hours or until regular business hours so that the prisoner can be discharged to a treatment center or during daylight hours. The prisoner must consent and can revoke his or her consent at any time.

This bill deletes that provision and instead requires the county sheriff to make release standards that allow for the safe release of a person being released from custody.

3. Release standards

This bill requires a county sheriff to make release standards and to make them available online and to people as they are booked into and while they are in county jail. The release standards shall include the list of rights provided for in this bill and the timeframe of the expedient release of a person following the determination to release that person by a judge, jury or appropriate county staff member.

1. Alcohol and drug rehabilitation

This bill provides that a person shall have the right to request that upon his or her release from a county jail, he or she be assisted in entering a drug or alcohol program. The request can be made when the person is booked or any time after that. If a person chooses to enter a drug or alcohol rehabilitation program, the county jail shall provide or arrange transportation to the program.

What steps need to be taken to get a person in a program? What if there are not appropriate programs available? Is the county jail responsible for figuring out how the program will be paid for etc.?

1. Phone calls

This bill provides that a person incarcerated in or recently released from county jail shall have access to up to three telephone calls from a telephone in the county jail to plan for a safe and successful release and shall have access to a free cell phone charging station upon release from jail to charge his or her personal cell phone.

1. Release between 5 p.m. and 8 a.m.

This bill requires a number of options if a person is released between 5 p.m., or sundown whichever is later, and 8 a.m.:

1. A person can voluntarily stay up to 16 hours. The person must consent and the consent can be withdrawn at any time.
2. The county jail shall provide a safe place to wait for a person to be picked up and that place shall have a cell phone charger and access to a free phone.
3. The county jail shall provide free transportation to the location of the person’s choosing within the county or 100 mile radius, whichever is further.

Is 5 p.m. (or sundown) to 8 a.m. the appropriate time frame, in some cities is public transportation still available outside those hours? Is the free transportation within the county workable in some of the larger counties?

1. Supply of medication

This bill provides that a person who is released from jail after being incarcerated for more than 30 days shall receive at least three days’ supply of necessary medication.

4. Board of State and Community Corrections (BSCC)

1. Violations.

A violation of the rights established by this bill may be submitted to the BSCC ombudsman.

1. Protocols

This bill provides that for purposes of developing protocols, BSCC shall convene a stakeholder group that includes women and girls who have been incarcerated. Women is defined as a person who self-identifies her gender as a woman.

1. Late-Night Release Prevention Task Force

BSCC shall convene a task force composed of relevant stake holders to prepare any material related to the implementation of this bill and to develop and recommend requirement for county jails to maintain records that adequately, including how these records will be maintained and made available to the public. The task force will submitting a report to the Legislature on January 1, 2022.

5. Argument in Support

The Center on Juvenile and Criminal Justice, in support of this bill, states:

It is difficult for individuals in jail or those being processed for release to contact a loved one and arrange a ride home. Jails typically do not provide access to a phone or a cell phone charger for those being released, and for those with phone access, family members or friends may be unreachable in the middle of the night. Without the ability to contact loved ones, many of those released in the middle of the night are forced to walk, wait for public transportation to begin service, or accept a ride with a stranger. In July 2018, Jessica St. Louis was released at 1:30 am from Alameda County’s Santa Rita Jail, which is two miles from the nearest BART station and lacks 24-hour access to public transportation. Tragically, Ms. St. Louis died during her journey home.

6. Argument in Opposition

The California Sheriffs’ Association opposes this bill stating:

While county jails are responsible for the care of inmates while in physical custody, the reach and responsibility of public entities can only extend so far.  Additionally, existing law permits the sheriff to offer a voluntary program to inmates that would allow them to stay in the custody facility for up to 16 additional hours or until normal business hours, whichever is shorter, in order to offer inmates the ability to be discharged to a treatment center or during daytime hours.  Current law further permits a participating inmate to revoke his or her consent to stay longer and be discharged as soon as possible and practicable.

Conversely, SB 42 requires the sheriff to allow the person to stay in jail or offer a safe place to stay if the inmate declines release during evening and early morning hours.  Such a mandate creates space and cost challenges that would likely need to avoid keeping this population away from persons not free to leave.  Further, if the person does not feel safe enough to leave the facility but declines the option to stay, SB 42 requires the sheriff to provide free transportation to a location of the person’s choosing within the county or within a 100-mile radius, whichever is further.  For geographically large counties, small or rural counties with staffing limitations, and counties that release a significant number of inmates on a daily basis, this unfunded mandate will cripple the provision of other services and turn peace officers and sheriffs’ staff into drivers who will spend their days traversing the county at the whim of recently released inmates.

Several of the bill’s mandates also create massive liability for county governments.  By requiring transportation to any location of the inmate’s choosing, public staff could be forced to unwittingly deliver an at-risk inmate to their drug dealer’s location, for example.  Providing a released inmate three days’ supply of any necessary medication creates risk to the released person and others since there is no limitation on the type of medication that must be given to the person (e.g. narcotics, opiate replacements, anti-psychotics) and no ability to supervise appropriate use thereof.

-- END –