California Codes

Cal. Penal Code § 4024.1 (2026)

✓ current as of May 2026

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(a)The sheriff, chief of police, or any other person responsible for a county or city jail may apply to the presiding judge of the superior court to receive general authorization for a period of 30 days to release inmates pursuant to the provisions of this section.

(b)Whenever, after being authorized by a court pursuant to subdivision (a), the actual inmate count exceeds the actual bed capacity of a county or city jail, the sheriff, chief of police, or other person responsible for such county or city jail may accelerate the release, discharge, or expiration of sentence date of sentenced inmates up to a maximum of 30 days.

(c)The total number of inmates released pursuant to this section shall not exceed a number necessary to balance the inmate count and actual bed capacity.

(d)Inmates closest to their normal release, discharge, or expiration of sentence date shall be given accelerated release priority.

(e)The number of days that release, discharge, or expiration of sentence is accelerated shall in no case exceed 10 percent of the particular inmate’s original sentence, prior to the application thereto of any other credits or benefits authorized by law.

Notes of Decisions

Cited in 3 cases, 1992–2015 · leading case: Hernandez v. Cnty. of Monterey, 305 F.R.D. 132 (N.D. Cal. 2015).

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Hernandez v. Cnty. of Monterey, 305 F.R.D. 132 (N.D. Cal. 2015). “33 Highlighting the impact of jail overcrowding on inmate safety, Plaintiffs also submit Defendants’ regular applications to the Superior Court for the County of Monterey for orders to release inmates on an accelerated basis pursuant to California Penal Code § 4024.1. 34 To…”

People Ex Rel. Deputy Sheriffs' Ass'n v. Cnty. of Santa Clara, 96 Cal. Daily Op. Serv. 7484 (Cal. Ct. App. 1996). “” Appellants suggest that if such a situation occurred with the offices consolidated, in his function as chief officer of Corrections, the consolidated officer might select for release (Pen. Code, § 4024.1 [accelerated release; inmate count exceeding bed capacity]) those very…”

Stone v. City & Cnty. of San Francisco, 968 F.2d 850 (9th Cir. 1992). “In addition to those provisions listed in note 1, the early-release provisions allowed the City to circumvent California Penal Code §§ 4024.1 and 827.1.”

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