California Work Release and Work Furlough Programs
To encourage inmate rehabilitation and alleviate overcrowding in California correctional facilities, the State has adopted work furlough and work release programs as alternative sentencing options for eligible convicted individuals, enabling them to serve their sentences while working and earning an income.
In these programs, inmates are permitted 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 generally available to inmates within 120 days of their scheduled release who work at least 35 hours a week and are not barred under Penal Code 6263.
This code excludes inmates convicted of sex offenses, drug-related crimes, arson, or multiple violent crimes.
Request a Transfer to Work Furlough
Qualified inmates may request a court transfer to a work furlough program. The judge handling their case will decide whether to approve or deny this request. Participants in the work furlough program are not required to pay.
These programs are available in Los Angeles County, Orange County, Riverside County, San Diego County, and other jurisdictions may require participants to undergo electronic monitoring.
If an inmate violates 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 legal consequences may apply.
In that situation, they may face the relevant misdemeanor or felony charges. Let's explore this topic further below.
What Are the Eligibility Requirements?
Although the eligibility requirements vary between work furlough and work release programs, both are intended primarily for non-serious, non-violent offenders who have shown good behavior and meet additional criteria.
Both work release and work furlough are frequently used in DUI cases, and both programs often permit inmates to leave the facility to attend school, drug or alcohol treatment, or 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 facilitate their reintegration into society.
Difference Between Work Furlough and Work Release
Although both work furlough and work release enable inmates to work outside the correctional facility, there are notable differences between them.
- Eligibility: Work furlough applies to inmates close to completing their sentence, whereas work release is mainly for low-risk, non-violent offenders with a record of good behavior and meeting particular criteria.
- Type of work: Work furlough participants can work at most jobs, including those they may have held before their conviction. Work release participants typically work at county-approved jobs that involve manual labor supporting the community, such as picking up trash on highways, cleaning graffiti, or performing other community services.
- Housing: Inmates on work furlough go back to a designated state-monitored facility each night after work, whereas work release participants can stay in approved transitional housing or their own homes.
How Does Work Furlough Function?
What is the step-by-step process for an inmate to petition the court or request a transfer to a work furlough or work release program, including typical timelines and required documentation? This guides readers through procedural expectations.
If approved, the inmate will be transferred from jail to a state-monitored work furlough residential facility, where they will check out daily to attend work or school and return afterward.
To be eligible for a work furlough program, an inmate generally must satisfy these criteria:
- Be within 120 days of their sentence ending.
- Has maintained good behavior during incarceration, with no escape attempts.
- Possess a verified job offer or be enrolled in an educational or vocational program for at least 35 hours weekly.
- Ensure it does not pose a risk to public safety.
- Not be disqualified under the criteria outlined in Penal Code 6263 PC, such as having convictions for arson, sex crimes, violent crimes, or a history of drug use, sales, or addiction.
Following Strict Conditions
After gaining approval for the program, participants are required to follow strict conditions, such as:
- Adhering to the rules and regulations established by the overseeing authority.
- Being watched through electronic tracking devices or by routine check-ins.
- Attending the mandated 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.
Consequences of Breaching Program Terms
Violating the rules of either the work furlough or work release programs can lead to serious penalties, such as:
- Removal from the program and return to full-time incarceration.
- Possible additional criminal charges, if applicable, resulting in additional jail time.
- Loss of eligibility for future alternative sentencing programs.
How Does Work Release Function?
Qualifying for work release is similar to work furlough, such as for low-risk, non-violent offenses. However, work release is considered part of the jail sentence, and inmates receive credit for the time they spend working.
Each day, the inmate will engage in a county-approved manual labor job that benefits the community. Examples include:
- Painting the curbs and parks.
- Removing graffiti or trash from public roads or highways.
- Assisting with the upkeep of county buildings.
- Assisting the elderly with physical activities.
Inmates participating in work release programs can typically go home to their families at night instead of checking into a correctional facility, with regular check-ins at the facility as required by the court.
Inmates may also earn work release credits for attending approved vocational training programs, drug treatment, counseling, and similar activities.
It's 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.
After completing their workday, which lasts 8-10 hours, inmates must check back into the program. Most inmates commute to their part-time or full-time jobs by public transportation, such as buses.
Some inmates in the work furlough program may also be permitted to attend church, school, and participate in substance abuse or alcohol treatment.
If you're eligible for a work furlough program, reach out to us for a case evaluation. Cron, Israels & Stark is located in Los Angeles, California.
Related Content: