4024.5.
(a) This section shall be known as the Getting Home Safe Act. (b) The rights established in this section apply to any person being released from a county jail, including, but not limited to, a person who has completed a sentence served, been ordered by the court to be released, been released on the person’s own recognizance, been released because the charges have been dismissed by the court, is acquitted by a jury, is cited and released on a misdemeanor charge, has posted bail, has complied with pretrial release conditions, or has had the charges dropped by the prosecutor.
(c) (1) The sheriff shall 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.
(2) 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.
(d) 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.
(e) (1) 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 daytime hours.
(2) A person shall provide written consent before choosing to stay voluntarily in jail as described in paragraph (1). However, a person may revoke written consent at any time and be discharged from jail as soon as possible and practicable.
(3) If the person is scheduled to be released from jail between the hours of 5 p.m. or sundown, whichever is later, and 8 a.m., and the person has declined the option described in paragraph (1), 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 telephone.
(4) The county jail shall track the
number of people released between 5 p.m. or sundown, whichever is later, and 8 a.m. and provide that information to the public, upon request.
(f) 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.
(g) This section does not preclude 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.
(h) This section shall become operative on June 1, 2020.