California's Work Release and Work Furlough Programs
To support inmate rehab and alleviate overcrowding in California prisons, the state has adopted work furlough and work release programs as alternative sentencing options for eligible convicted offenders, enabling them to serve their sentences while working and earning money.
In these programs, inmates are allowed to leave the correctional facility to go to work. Each program has its own purpose, qualifications, and conditions. Additionally, the programs often vary from county to county.
Work release is a program that permits specific inmates to leave jail during the day to work and return immediately afterward for confinement.
Work furlough programs are usually available to inmates within 120 days of their release date who work at least 35 hours weekly and are not barred by Penal Code 6263, which excludes those convicted of certain sex offenses, drug crimes, arson, or multiple violent crimes.
Requesting Transfer to Work Furlough Program
Qualified inmates can request a transfer to a work furlough program, which the assigned judge can approve or deny.
Participants in these programs are not required to pay. Such programs are available in Los Angeles County, Orange County,
Riverside County, San Diego County, and others may require participants to undergo electronic monitoring.
If an inmate breaches a work furlough condition, they usually must return to the correctional facility to complete their sentence. If the violation involves committing a new crime, additional consequences may apply.
In that case, they may face the corresponding misdemeanor or felony charges.
What Are the General Eligibility Criteria?
Although the eligibility requirements vary between work furlough and work release programs, both are mainly intended for non-serious, non-violent offenders who have shown good behavior and meet other criteria.
It may also permit inmates to leave the facility for activities such as attending school, treatment programs for drugs or alcohol, or participating in religious services.
Under Penal Code 6260 PC, work furlough programs primarily aim to reduce overcrowding in California correctional facilities, provide alternative housing for state inmates, and support inmate reentry initiatives to aid their reintegration into society.
Difference Between Work Furlough and Work Release
Although both work furlough and work release enable inmates to work outside correctional facilities, they differ substantially in several aspects:
- Eligibility: Work furlough is intended for inmates approaching the end of their sentences, whereas work release typically applies to low-risk, non-violent offenders who have demonstrated good behavior and fulfilled certain other requirements.
- Type of work: Work furlough participants can engage in most jobs, including ones they may have held before their conviction. Work release participants typically work at county-approved jobs involving manual labor that support the community, such as picking up trash on highways, cleaning graffiti, or performing other community service tasks.
- Housing: Inmates on work furlough return nightly to a state-monitored facility after work, while work release participants can stay in approved transitional housing or their own homes.
How Does Work Furlough Work?
To join a work furlough program, an eligible inmate must petition the court for transfer. Once approved, the inmate will be moved from jail to a state-supervised work furlough residential facility, where they leave each day for work or school and return afterward.
An inmate generally needs to satisfy these requirements to qualify for a work furlough program:
- Complete this within 120 days after their sentence ends.
- Shows a record of good conduct during incarceration, with no escape attempts.
- Possess a verified job offer or be participating in an educational or vocational program, working at least 35 hours weekly.
- Does not pose a threat to public safety.
- Not be disqualified based on criteria in Penal Code 6263 PC, such as having convictions for arson, violent crimes, a history of drug use, sales, addiction, or related offenses.
What are the Conditions?
After approval for the program, participants are required to follow strict conditions, which include:
- Complying with the rules and regulations established by the overseeing authority.
- Being supervised through electronic tracking devices or routine check-ins.
- Participate in mandatory counseling, educational, or vocational programs as required.
- Adhering to curfew and travel restrictions, as many participants rely on public transportation for commuting.
- Undergoing random drug and alcohol tests.
What if You Violate Program Terms?
Violating the rules of either the work furlough or work release programs can lead to serious consequences, such as:
- Exclusion from the program and reversion to full-time incarceration.
- Potential additional criminal charges that could lead to more jail time, if applicable.
- Ineligibility for future alternative sentencing programs.
How Does Work Release Function?
Qualifying for work release is similar to work furlough, typically for low-risk, non-violent offenses.
However, work release counts toward the jail sentence, and inmates earn credit for time served during work hours. They work daily at county-approved jobs involving manual labor that benefit the community. Examples include:
- Painting curbs and parks.
- Removing graffiti or trash from public roads or highways.
- Assisting in the maintenance of county buildings.
- Performing physical activities for the elderly.
Inmates in work-release programs usually go home to their families at night instead of staying in a correctional facility, while still making regular court-mandated check-ins.
They can also earn work release credits by participating in approved activities, such as vocational training, drug treatment, counseling, and similar programs.
Alternative Sentencing Program
This is an alternative sentencing program designed to help inmates transition smoothly into life after release and improve their employment prospects.
Participants in the program can leave the facility in the morning to go to work and must check back in after an 8- to 10-hour workday. Most inmates rely on public transportation, such as buses, to travel to and from their jobs, whether part-time or full-time.
Certain inmates in the work furlough program may be permitted to attend church, school, and treatment for substance abuse or alcohol. If you qualify for a work furlough program, contact us for a case evaluation. The Hedding Law Firm is located in Los Angeles, California.
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