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 require a sheriff to make the release standards, release processes, and release schedules of a county jail available to incarcerated persons, as specified. The bill would additionally grant a person incarcerated in, or recently released from, a county jail up to 3 free telephone calls from a telephone in the county jail to plan for a safe and successful release.
This bill would additionally require each county sheriff to convene a mentally ill discharge plans advisory group, including representatives from the court, county behavioral health departments, law enforcement, and nonprofit
organizations serving mentally ill individuals who have been incarcerated. The bill would require the advisory group to, on or before July 1, 2023, meet and make recommendations to the sheriff and county board of supervisors on the establishment of county jail discharge plans for individuals with mental illness, 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.