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Call Us NowCriminal Defense » Criminal Court Process » Sentencing Hearings » Work Release Furlough
Work release furlough is a program in California that allows certain inmates serving time in jail to:
Work furlough programs are usually reserved for those inmates that are:
According to PC 6263, some of the factors that may exclude an inmate from a work-release program are:
If an inmate is qualified for a work furlough program, he may request the court to be transferred into one. The judge assigned to the inmate’s case has the ultimate authority to grant or deny this request.
Note that if an inmate violates a work furlough condition, he can be forced to return to county correctional facility to serve out the remainder of his sentence. Also if this violation is a new criminal offense, then the inmate may be charged with either a misdemeanor or a felony depending on the facts involved.
Per Penal Code 6260, the main reasons for work furlough programs include:
Note that a work furlough program is not the same thing as a work release program. In the latter, a work release inmate is allowed to go to his home after work hours, rather than going back to a state-monitored facility for confinement purposes.
Our California criminal defense attorneys will answer the following frequently asked questions in this article:
A work furlough facility essentially is a county-based facility that allows inmates to work a regular job – usually manual labor for eight-to-ten hours – while still serving jail time via custody supervision. It is a type of “alternative sentencing” to help ease the inmate into post-release life and increase job opportunities.
Once in a WF program, inmates can check out of the facility in the morning in order to go to the worksite. Inmates are then required to check back into the program as soon as a workday is completed. The majority of inmates are required to take California public transportation to and from their jobs. It can be full-time or part-time.
In addition to work, some inmates in a WF program can even attend:
WF facilities do allow visitors on weekends.1
Work furlough programs are thought to reduce recidivism and improve mental health.
Work furlough programs are usually reserved for those inmates that are:
In addition, to qualify for WF, an inmate must be gainfully employed for at least 35 hours per week. And, there are usually rules regarding the type of job an inmate performs. For example, a job:
If an inmate meets these qualifications, then he can request the court to assign him to a work furlough program. Note that the judge has the authority to either grant or deny this request.2
Certain inmates are purposely excluded from a work furlough program under California Penal Code 6263.2 An inmate is excluded if:
If an inmate violates a work furlough condition, he can be forced to return to the regular county jail population to serve out the remainder of his sentence.4
Also, if this violation is a new criminal offense, then the inmate may be charged with either a misdemeanor or a felony depending on the facts involved.
Note that inmates transferred to a WF program remain under the legal custody of the California Department of Corrections. This provides the department’s correctional officers with the authority to place an inmate in a WF program back into jail at any time.5
Per California Penal Code 6266 PC, a WF facility may charge an inmate reasonable administrative fees to enter its program.6 The amount to be charged, though, is dependent on the inmate’s ability to pay.7
In addition, an inmate cannot be denied placement in a work furlough program based on his inability to pay fees.8
The California State Legislature has voiced specific reasons for WF programs, and these are codified in Penal Code 6260. These are:
Work furlough programs are offered in many California counties, as authorized by the board of supervisors. Some of these include:
Note that the cost and program rules for WF facilities may slightly differ among differing counties – often with rules stricter than those outlined above. For example, some people may have to submit to an electronic monitoring program.
WF in Los Angeles County costs approximately $75-$127 per day. Payment is typically accepted in two-day increments, with the first two weeks due upfront.
An inmate is typically disqualified from the program if his arresting charge involved violence in any way. A history of violence will also disqualify an inmate.
If an inmate takes any medication, it must be first approved by the facility manager before he can use it.
Note that inmates in an LA County WF program are often subject to strip searches on their return to the facility after work.
The cost of work furlough in Orange County is around $150 for the first day and $100 for each day thereafter. Payment is accepted either in full or in two-week increments, with the first two weeks due on or before the first day of the program.
Prior to being admitted into the WF program, all inmates must:
The Orange County WF facility considers applicants on a case-by-case basis.
Note that participants in the program are not required to wear tracking devices while not in the facility – which is normal among most programs.
The information regarding Riverside County work furlough programs is consistent with the other counties previously discussed.
Program costs range from $75-$125 per day. Payment is typically accepted in two-day increments, with the first two weeks due upfront.
If an inmate committed a violent offense, he usually will not be allowed in the program. However, inmates are allowed to contact the facility manager who will investigate each request for acceptance.
Visitors are normally allowed on the weekends during set hours. The visits are non-contact.
WF in San Diego County costs $42 per day and there is a $300 down payment that is due upon an inmate reporting to the facility.
If a person refuses to make a payment on the date it is due, he becomes subject to disciplinary sanctions and can be transferred to jail.
Inmates in the San Diego facility can attend school during work furlough. To do so, though, the inmate must be working at least 35 hours per week.
Those in the WF program can also be self-employed. If an inmate is, he cannot work out of the facility. He must have an off-site office with a landline and bathroom.
Alameda County WF facilities operate consistently with the information provided above.
Program costs range from $75-$125 per day. Payment is typically accepted in two-day increments, with the first two weeks due upfront.
Those in the program are responsible for getting to and from work. They are encouraged to use public transportation to get to their job.
Note, though, that if public transportation is not practical, inmates may be authorized to drive their own vehicle if they provide the following:
WF is not the same as work release.
As stated above, in a work furlough program, an inmate must return to a state-monitored facility at the end of a workday for confinement purposes.
In a work release program, an inmate is allowed to go to his home with family members after work hours.
California Penal Code 4024.2 PC sets forth the requirements for a work release program. One of the main requirements is that the work an inmate performs must be of a manual nature that helps the community. Some examples include:
Work release can include vocational training, alcohol or drug treatment, education classes (including GED prep), life skills classes, and parenting classes in addition to – or instead of – manual labor.
An inmate can request a work release program provided that he has not been convicted of a serious offense. Work release programs are common in DUI cases.
The administrative fee for work release participants is usually $100. Counties often offer full-time and part-time work release programs. Part-time programs typically involve doing work on the weekends so that the person can keep his regular job.10
For example, visit the Riverside County Sheriff’s Office Work Release Center site.
If you or someone you know is interested in a work furlough program, we invite you to contact our law firm.
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