SB 42 California Senate · 2019-2020 Regular Session

The Getting Home Safe Act.

Summary
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.
Bill status vetoed 4 of 5 stages cleared
Introduction
Dec 2018
Committee Review
Aug 2019
Senate Passage
May 2019
Assembly Passage
Sep 2019
Vetoed
Jan 2020
Introduced Dec 3, 2018 Vetoed Jan 13, 2020
Floor votes · Senate May 23, 2019 · Assembly Sep 10, 2019

How they voted

332
Passed
Total votes 35
May 23, 2019
D Democratic27
27 Yea
100% Yea
R Republican8
6 Yea 2 Nay
75% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
28
Key actions
9
Committee
6
Amendments
4
Jan 13, 2020
Vetoed
Veto sustained.
upper
Oct 12, 2019
Vetoed
In Senate. Consideration of Governor's veto pending.
upper
Oct 12, 2019
Vetoed
Vetoed by the Governor.
upper
Sep 11, 2019
Upper · Passed
Assembly amendments concurred in. (Ayes 35. Noes 4. Page 2846.) Ordered to engrossing and enrolling.
upper
Sep 10, 2019
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Sep 10, 2019
Lower · Passed
Read third time. Passed. (Ayes 65. Noes 1. Page 3328.) Ordered to the Senate.
lower
Sep 3, 2019
Lower · Passed
Read second time and amended. Ordered to second reading.
lower
Aug 30, 2019
Lower · Passed
From committee: Do pass as amended. (Ayes 13. Noes 0.) (August 30).
lower
Jun 27, 2019
Lower · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 25).
lower
Jun 3, 2019
Committee
Referred to Com. on PUB. S.
lower
May 23, 2019
Upper · Passed
Read third time. Passed. (Ayes 35. Noes 3. Page 1284.) Ordered to the Assembly.
upper
May 17, 2019
Upper · Passed
Read second time and amended. Ordered to second reading.
upper
May 17, 2019
Upper · Passed
From committee: Do pass as amended. (Ayes 4. Noes 2. Page 1088.) (May 16).
upper
Apr 9, 2019
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1. Page 623.) (April 9). Re-referred to Com. on APPR.
upper
Jan 16, 2019
Committee
Referred to Com. on PUB. S.
upper
Dec 3, 2018
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 1 co-sponsor

Sponsors