Sacramento Still Releases Jail Inmates at Night at Double Fresno’s Rate, Grand Jury Finds

A Sacramento County grand jury report released June 25 found the sheriff’s office cut the share of people released from the main jail between 11 p.m. and 6 a.m. from 28.4% in 2021 to 19.8% by late 2025. That’s progress. It’s also still roughly double the rate of comparable California counties, including Fresno.

The report, titled “Slowly Sunsetting Main Jail Late-Night Releases: Progress Made, but the Midnight Door Remains Open,” reviewed quarterly state data from mid-2021 through the end of 2025. It found Sacramento releases hundreds of people into downtown Sacramento every month in the middle of the night — into an area with limited shelter, food, or transit options — at a rate higher than Alameda, Los Angeles, Fresno, and San Diego counties, even though some of those counties process far more total releases.

A 2023 Sacramento County Community Review Commission report had already flagged this: Sacramento released 27% of inmates at night in 2022, about 565 people a month, at double the rate of other large California counties. The new grand jury data shows that gap hasn’t closed.

Sacramento’s own policies tried to address it twice. In January 2023, following a jail population reduction plan tied to a federal consent decree, the sheriff issued a directive banning releases from midnight to 6 a.m. In October 2025, that window narrowed to 1 a.m. to 5 a.m. The grand jury’s review of the jail’s data system found the narrower restriction had “little impact” — releases during the 1-5 a.m. window actually increased from around 4-5% of total releases before the policy to 6.1% and then 6.5% in the two quarters after.

Some late-night releases are legally required. California law and the Shoyoye v. County of Los Angeles precedent bar jails from holding anyone past their legal release time — doing so is unlawful “over-detention” and exposes counties to liability. The sheriff can offer voluntary programs letting inmates stay up to 16 more hours for a daytime release, but an inmate can refuse, and the jail must then release them immediately, even overnight.

The grand jury confirmed the sheriff’s office has implemented formal policy changes recommended by a 2017-2018 grand jury investigation that first documented the problem. The jail’s custody manual now details release requirements, an internal checklist standardizes procedures, and the long-delayed Advanced Technology Information Management System is operational, though it took years longer than the sheriff’s original 2019 target. The office also maintains a resource packet covering health centers, employment services, housing agencies, food banks, and crisis hotlines — but policy requires it only be provided on request, not automatically.

The grand jury recommends the sheriff continue coordinating with courts to cut late-night releases after Sacramento’s criminal night court closed in April, keep monitoring and reporting release timing, make the resource packet automatic rather than request-based (all by Dec. 31), and formally review Alameda and Los Angeles County protocols for strategies Sacramento could adopt (by June 30, 2027). As an elected official, the sheriff must respond to all findings and recommendations within 60 days.

The Breakdown

• Sacramento’s share of jail releases happening between 11 p.m. and 6 a.m. dropped from 28.4% in mid-2021 to 19.8% by late 2025.
• That rate is still roughly double that of Fresno, Alameda, Los Angeles, and San Diego counties, even though some process higher total release volumes.
• Two sheriff’s directives restricting late-night releases — one in 2023 banning midnight-to-6-a.m. releases, another in 2025 narrowing it to 1-5 a.m. — showed limited measurable impact in the data.
• California law requires jails to release inmates at their legal release time, even overnight, to avoid unlawful over-detention and civil liability.
• Sacramento closed its criminal night court in April, which staff told the grand jury should further reduce late-night releases.

What This Means for You

Fresno voters weighing how their own county sheriff and board of supervisors handle jail operations have a direct comparison point here. The grand jury’s data review included Fresno County and found Sacramento releases inmates at night at roughly double Fresno’s rate. That gap isn’t explained by legal requirements — those apply to every county — it’s a policy and scheduling question, and it’s one voters can ask their own officials about when jail funding, staffing, or oversight comes up for debate or a vote.

What to Watch

The Sacramento sheriff’s 60-day response deadline is the immediate test — whether the office commits to the grand jury’s recommendations or pushes back. The comparison to Alameda and Los Angeles is worth watching because neither county operates a night court, yet both maintain far lower late-night release rates than Sacramento even with higher volumes. If scheduling and coordination can achieve that gap elsewhere, why not in Sacramento — and for that matter, why not in Fresno? A county that releases someone at 2 a.m. with a resource packet they have to ask for isn’t providing reentry support, it’s handing someone a liability waiver on the way out the door.